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Ohio Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Divorce for Ohio on
Q: I would like to get a divorce from my husband and full custody of our son but he has warrants

My husband does not support his son and hasn’t for almost 3 years now however he has warrants so I know he won’t show up to court

Joseph Jaap
Joseph Jaap answered on Jan 27, 2022

The court will determine custody based on all the facts and what is in the best interest of your son. Use the Find a Lawyer Tab to retain a local divorce attorney who can review all the facts, prepare the forms to file with the court, and represent you in the divorce process.

2 Answers | Asked in Child Custody and Child Support for Ohio on
Q: What steps can I take without legal representation, my daughters mother wants to relocate out of the state of Ohio.

I had paternity test done, I am the father. We have not been to court at all to set child support or custody etc. our daughter is 4 years old. Cincinnati Ohio area

Joseph Jaap
Joseph Jaap answered on Jan 18, 2022

Contact your local juvenile court and ask for the form you need to file for parental rights, or check the court's web site. But the court people can't offer much help -- they can't offer legal advice. So if you don't do it correctly, you are not likely to succeed. So to... Read more »

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1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Ohio on
Q: When is it abandonment?

I had a short fling with an old friend, found out he had an extensive criminal record, that includes DV, and drug use and multiple thefts.He’s threatened to come to my house if I didn’t answer the phone. I tried co parenting but when he found out I was getting my conceal carry he said if I did... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 6, 2022

If you were not married to him, and a court has not granted him any parental rights to your child, then he has none, and as the mother, you have sole legal custody and decide who gets to spend time with your child, or can prohibit all contact. You could initiate action to have him pay child... Read more »

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Ohio on
Q: If The child and I are under mandated quarantine do due to Covid positive, do I break my quarantine?

Thank you!

Nicholas P. Weiss
Nicholas P. Weiss answered on Jan 5, 2022

No. She can't. It sounds like she just enjoys filing things with the court. She should be sanctioned for sending the child out of state.

1 Answer | Asked in Child Custody, Civil Rights and Juvenile Law for Ohio on
Q: Hi I need major help I live here in Ohio my fiance sister has custody of my daughter she won't see or talk to her on

On Christmas and she begs my sister N law to let her talk to us she cry's every night and she is very emotional deserved child all she wants to do is come home we lost custody due to not having a job and all the other accusations against us was false and we'll I guess my question is do I... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Jan 3, 2022

What rights you have will have been determined in the legal process in which you lost custody. If you were granted visitation, then you have a right to that visitation. If you were not granted visitation, then you will have to file for visitation.

1 Answer | Asked in Child Custody for Ohio on
Q: My sister took temporary custody of my son while I was in jail for 5 months, how do I get my custody back?
Joseph Jaap
Joseph Jaap answered on Jan 3, 2022

Use the Find a Lawyer tab to retain a local family law attorney who can review all the facts and circumstances and advise you of your options and how to proceed in court. The judge will determine what is in the best interest of the child.

1 Answer | Asked in Child Custody for Ohio on
Q: I’m 16 can I legally move in with my boyfriends mom without my moms permission and is there anything my mom can do ?

I’m 16 and my mom and her boyfriend are horrible and I’ve had enough she seems to play favorites and so much more I want to go live with my boyfriend and his mom I plan on telling my mother the exact location of where I am is there anything my mother can do about it?

Nicholas P. Weiss
Nicholas P. Weiss answered on Jan 2, 2022

Yes. If she really wants to she can have you arrested as an unruly child and brought back to her. Please talk with her about this before you just up and leave.

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: If Im 16 and am adopted but emotiionally abused here can I go to California and live with my Dad who never lost custody?

I am adopted but am hating it here I'm 16 but we have never gotten along. I would like to live somewhere else there is lots of emotional and physical stuff that goes on. would I be able to legally move to my live with my dad in his custody since he never lost it in the first place?

Nicholas P. Weiss
Nicholas P. Weiss answered on Jan 2, 2022

If you are adopted then your dad has no custody rights. If you are being abused or neglected call CPS to make a report and they can remove you from the home.

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2 Answers | Asked in Child Custody for Ohio on
Q: What is the easiest way to get a judge signed affadavit in Ohio stating that I have custody of my child?

My son's mom lives in Illinois and we have never had an order done before. We were not married and I'm trying to figure out the easiest way to get this done without her having to come to Ohio for the affadavit or me to Illinois for the same reason. Any help is appreciated!

Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 22, 2021

The easiest way is to file a joint petition for custody where she waives service and consents to granting you custody. The court will still likely set it for hearing to make sure that is accurate, but that would be the fastest way.

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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: How do I get my child’s fathers rights removed?

My child’s father is constantly in and out of his life, usually for 6-9 months at a time, especially when he is single. He has been going to his house regularly because he has a girlfriend and a house to live in but she has told me that he has been beating on her and putting holes in the walls,... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 15, 2021

It is not possible to answer your question on-line. It depends on all the facts and circumstances. Use the Find a Lawyer tab to retain a local family law attorney who can review your situation and advise you of your options. A judge must determine what is in the best interest of the child in... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: If I was never married to my child’s father and we separate do I need to file for custody or I am their sole parent?
Joseph Jaap
Joseph Jaap answered on Dec 9, 2021

If you were never married and no court has granted him any parental rights, then you have sole legal custody. If you separate, the father could file with the court for parental rights. If he did, you could file for child support.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: For a custody arrangement to change. What motions need to be filed?

Mom and dad no longer together. According to arrangement made, mom cannot move away from county. This was a request made by the father and granted by the court. If more details are needed, please ask!

Nicholas P. Weiss
Nicholas P. Weiss answered on Nov 29, 2021

Motion to modify parenting plan. You'll need to establish that since the last order there has been 1) a substantial change in circumstances and 2) that the change is in the best interest of the minor child.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Ohio on
Q: I'm 17. I plan to run away from home and from my abusive parents. What can my parents do then?

Can my parents force me back home? Can people harboring me be punished?

I doubt that I can prove any instance of abuse, but, even knowing how dangerous living on the streets is, I would rather be homeless than live with my parents. That said, I may be able to get a friend to take me in, at... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 18, 2021

If someone assists you in running away, they could get into trouble. So before doing anything, talk to a teacher, school counselor, or other trusted adult about your situation. They are the people in the best position to find help for you in this difficult situation. And they will help you. So... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Ex filed contempt of court charges due to him missing 3 visits. If I give him 3 extra visits will I be found guilty?

3 extra weekend visits will be before court date

Anthony C. Satariano
Anthony C. Satariano answered on Oct 25, 2021

If your ex missed his visits he is guaranteed by a court order due to some withholding or interference by you, then you can be found in contempt. But, it is possible the court will consider the matter resolved if he is provided make up visits before you ever go to court. That is not guaranteed.

1 Answer | Asked in Estate Planning and Child Custody for Ohio on
Q: Ex filed contempt of court charges due to missing 3 visits could not get to meeting point and wouldn’t come to my house
Nicholas P. Weiss
Nicholas P. Weiss answered on Oct 24, 2021

Can you provide some more information? What question are you seeking an answer to?

1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: I was recently subpoenaed as an expert witness (Mental Health Professional) by a client's attorney. Who should pay me?
Matthew Williams
Matthew Williams answered on Oct 13, 2021

Expert witnesses are hired, not subpoenaed. Witnesses who are subpoenaed into court are usually fact witnesses and their compensation is provided by the court and is exceedingly minimal. When you hire an expert to testify on your client's behalf your client generally pays for them and there is... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Does anybody do child custody cases

How much would it cost

Matthew Williams
Matthew Williams answered on Oct 5, 2021

Lots of lawyers do custody cases. How much it costs depends on what type of case it is. You should contact some lawyers privately.

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: Does the opposing attorney have to disclose evidence against me?

I am representing myself in 2 custody cases but i dont know what i need to be defending myself against. As i am my own attorney, doesnt their attorney have to disclose whatever evidence they have against me so I am able to build a proper defense?? Please help me!!

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 27, 2021

He doesn't have to just because. You have to ask him for it. This is generally done by serving 1) Interrogatories (written questions seeking information) 2) request for production of documents (documents that may be relevant to the case) and 3) admissions of fact. This is possible, but really... Read more »

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: What is considered contempt in a custody case?

Court order states no party shall block the other. The plaintiff put my messages to ignore on FB messenger so my messages were not getting delivered and if I tried to call it would automatically hang up. Would that be considered going against orders?

Cathy Cook Esq
Cathy Cook Esq answered on Sep 26, 2021

Based on what you report of the order, yes. However, I would prefer to see the entire section before stating if you would be successful on a contempt motion.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My daughter's father has tested positive for covid. Our daughter and myself have both tested negative.

She was/is with him for his time according to our shared parenting plan. He is refusing to allow me to pick up our daughter. Can I take her against his wishes and can I refuse visitation with him due to his positive covid result (

Cathy Cook Esq
Cathy Cook Esq answered on Sep 26, 2021

Generally, the Courts are not requiring parents to relinquish parenting time due to a positive COVID test. Has your daughter been vaccinated or is she too young? Does she have any health conditions? Is he wearing a mask, having her do so, and keeping distance?

You might see if her...
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