Ohio Child Custody Questions & Answers
Q: My husband is in the hospital and his ex-wife is trying to say she should get my 12 year old stepson.
Joseph Jaap's answer
Check the parenting or custody agreement for anything that covers this situation. Also check the standard court guidelines for parenting that typically are incorporated into a custody agreement. The mother could file in court to make a change to the custody depending on the circumstances. Use the Find a Lawyer tab to retain a local family law attorney to review all of the documents and circumstances and advise you.
Check the parenting or custody agreement for anything that covers this situation. Also check the standard court guidelines for parenting that typically are incorporated into a custody agreement. The mother could file in court to make a change to the custody depending on the circumstances. Use the Find a Lawyer tab to retain a local family law attorney to review all of the documents and circumstances and advise you.
Q: Can a parent give up custody to stop paying child support if both parties are in agreement
Joseph Jaap's answer
A parent who does not have custody can still be required to pay child support. The court would have to approve any reduction in child support. Use the Find a Lawyer tab to retain a local family law attorney to review the situation and advise.
A parent who does not have custody can still be required to pay child support. The court would have to approve any reduction in child support. Use the Find a Lawyer tab to retain a local family law attorney to review the situation and advise.
Q: I have custody of my cousin, I want to hand over custody to his aunt. Do we have to contact the parents to do so?
Joseph Jaap's answer
That will have to be resolved in whatever court granted the custody. Transferring from OH to MD could be more complicated. Use the Find a Lawyer tab to retain a family law attorney in OH and possibly in MD also.
That will have to be resolved in whatever court granted the custody. Transferring from OH to MD could be more complicated. Use the Find a Lawyer tab to retain a family law attorney in OH and possibly in MD also.
Q: How can I file for legal guardinship of my ex boyfriends son?
Joseph Jaap's answer
Check the local probate court for the guardianship process. You will need and attorney, so use the Find a Lawyer tab. Meanwhile, talk to children's services which might give you emergency custody to enroll him in school.
Check the local probate court for the guardianship process. You will need and attorney, so use the Find a Lawyer tab. Meanwhile, talk to children's services which might give you emergency custody to enroll him in school.
Q: Can a court order taking custody be over turned if one party was not served papers.
Joseph Jaap's answer
It possibly could be. Use the Find a Lawyer tab to retain a local family law attorney to review the court action and advise you of your options and motions to file with the court to re-hear the custody issue.
It possibly could be. Use the Find a Lawyer tab to retain a local family law attorney to review the court action and advise you of your options and motions to file with the court to re-hear the custody issue.
Q: I have had custody of my grandson his whole life. He is now 16. His bio parents gave me custody willingly.
Joseph Jaap's answer
If the court granted you custody, then you and his mother will have to file with the court to change that custody order. The court will review al the facts that you submit to determine if it is in his best interest to make that change. Use the Find a Lawyer tab to retain a local family law attorney to assist you in filing with the court.
If the court granted you custody, then you and his mother will have to file with the court to change that custody order. The court will review al the facts that you submit to determine if it is in his best interest to make that change. Use the Find a Lawyer tab to retain a local family law attorney to assist you in filing with the court.
Q: I have a 13 year old daughter who wants to live with me and that has lived with me for almost a year because her mother
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Ohio
on
Answered on Mar 27, 2019
Answered on Mar 27, 2019
Joseph Jaap's answer
If you are not married to the mother, and if a court has not granted you parental rights or custody, then the mother has sole custody, and gets to decide where she lives and when or if you can see her. File to establish paternity and for parental rights. Use the Find a Lawyer tab to retain a local family law attorney to represent you. Mother can then apply for child support from you.
If you are not married to the mother, and if a court has not granted you parental rights or custody, then the mother has sole custody, and gets to decide where she lives and when or if you can see her. File to establish paternity and for parental rights. Use the Find a Lawyer tab to retain a local family law attorney to represent you. Mother can then apply for child support from you.
Q: If I pay for my childs braces out of pocket is this the type of thing my ex has to reimburse me for per court order?
Joseph Jaap's answer
If the order only addressed "medical" and not also "dental," and the braces are not medically required, then he might not be required to pay. But it depends on the specific wording in the order. Use the Find a Lawyer tab to retain a local family law attorney to review the decree and all the facts, and advise you.
If the order only addressed "medical" and not also "dental," and the braces are not medically required, then he might not be required to pay. But it depends on the specific wording in the order. Use the Find a Lawyer tab to retain a local family law attorney to review the decree and all the facts, and advise you.
Q: Located in Ohio. My name is my child’s birth cert,but not my signature. Have dna signed by both I and the mother.
Joseph Jaap's answer
File in juvenile court to establish parental rights. Use the Find a Lawyer tab to retain a local family law attorney to assist you.
File in juvenile court to establish parental rights. Use the Find a Lawyer tab to retain a local family law attorney to assist you.
Q: I have had custody of my grandson since he has been 18months he is 7 now. His mom has been in his life the last 3 years
Joseph Jaap's answer
There is a chance that the court would start giving her time with the child now, and possibly full custody later. The court will determine what is in the best interest of the child based on all the testimony and evidence presented to the court. Use the Find a Lawyer tab to retain a local family law attorney to help you with that process.
There is a chance that the court would start giving her time with the child now, and possibly full custody later. The court will determine what is in the best interest of the child based on all the testimony and evidence presented to the court. Use the Find a Lawyer tab to retain a local family law attorney to help you with that process.
Q: I'm 17 and will be 18 in August am I legally able to move in with my mom and finish home schooling there without trouble
Joseph Jaap's answer
When you are 18, you are no longer a minor, so you can make your own decisions where to live.
When you are 18, you are no longer a minor, so you can make your own decisions where to live.
Q: I am 17 years old in Ohio, and my negligent grandparents have legal custody of me. Could I call CSB on them?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Ohio
on
Answered on Mar 13, 2019
Answered on Mar 13, 2019
Joseph Jaap's answer
Before doing that, if you have any other family members, teachers, or trusted adults to talk to about it, you should do that first. But you can call the local children's services office. They will investigate and could move you into foster care.
Before doing that, if you have any other family members, teachers, or trusted adults to talk to about it, you should do that first. But you can call the local children's services office. They will investigate and could move you into foster care.
Q: I have full custody of my son but his grandparents get him every other weekend I want to move to Florida
Joseph Jaap's answer
Your custody order or the local court rules probably require you to file a notice of intent to relocate with the court that has jurisdiction of the custody. The court then notifies the grandparents, and there can be a court hearing. The court will then review all the facts and determine any changes to the custody order, and could require that your son continue to see the grandparents, which would effectively make it impossible for you to move. Use the Find a Lawyer tab and retain a local...
Your custody order or the local court rules probably require you to file a notice of intent to relocate with the court that has jurisdiction of the custody. The court then notifies the grandparents, and there can be a court hearing. The court will then review all the facts and determine any changes to the custody order, and could require that your son continue to see the grandparents, which would effectively make it impossible for you to move. Use the Find a Lawyer tab and retain a local...
Q: Can a residential parent take a vacation during the school year our paperworks says during summer break not school year
Joseph Jaap's answer
Courts assume that parents will act reasonably and responsibly to resolve these issues. If the parents cannot agree, then most parenting orders require the parents to go to mediation to try to resolve it before they are permitted to file with the court for the court to decide. Contact the court to initiate mediation.
Courts assume that parents will act reasonably and responsibly to resolve these issues. If the parents cannot agree, then most parenting orders require the parents to go to mediation to try to resolve it before they are permitted to file with the court for the court to decide. Contact the court to initiate mediation.
Q: I am 17 years old and I will be 18 in 6 months. Is it legal for me to run away and not face any punishments by the law?
1 Answer
| Asked
in
Family Law, Child Custody, Child Support and Juvenile Law
for
Ohio
on
Answered on Mar 5, 2019
Answered on Mar 5, 2019
Joseph Jaap's answer
You can be apprehended and placed in juvenile detention if you are under 18. If there are problems, talk to a teacher, school counselor, or other trusted adult.
You can be apprehended and placed in juvenile detention if you are under 18. If there are problems, talk to a teacher, school counselor, or other trusted adult.
Q: Can I get custody of my 15 year old brother?
Joseph Jaap's answer
It isn't up to your brother, it's up to the judge to determine what is in his best interest, based on all the facts introduced as evidence in court for the judge to consider. The judge can consider your brother's preference, but that is not the only factor. Since you do not know what happens a ta hearing, use the Find a Lawyer tab to retain a local family law attorney to represent you and help you present evidence to the court.
It isn't up to your brother, it's up to the judge to determine what is in his best interest, based on all the facts introduced as evidence in court for the judge to consider. The judge can consider your brother's preference, but that is not the only factor. Since you do not know what happens a ta hearing, use the Find a Lawyer tab to retain a local family law attorney to represent you and help you present evidence to the court.
Q: I'm turning 16 on April 12 and I'm planning on moving at 16. I'm wanting to move out but my mom says no what do i do?
Joseph Jaap's answer
Ohio does not have emancipation for your situation. See this link for more information: https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/
Ohio does not have emancipation for your situation. See this link for more information: https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/
Q: How do I establish residency in a state? If I move...
Joseph Jaap's answer
There is different residency for different purposes - taxes, voting, school enrollment, jurisdiction for lawsuits. Each state sets its own rules. Use the Find a Lawyer tab to contact a lawyer in the state where you might live.
There is different residency for different purposes - taxes, voting, school enrollment, jurisdiction for lawsuits. Each state sets its own rules. Use the Find a Lawyer tab to contact a lawyer in the state where you might live.
Q: We are still married - no legal separation, no court child custody (6 and 12 yrs old) - could I leave the state of oh?
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Child Support
for
Ohio
on
Answered on Mar 1, 2019
Answered on Mar 1, 2019
Joseph Jaap's answer
Nothing stops you from moving, but until you establish residency in a new state, which could take 6 months, the prior state retains jurisdiction over any child custody issues, and the court could require you to return the children. Before moving, use the Find a Lawyer tab to consult a local family law attorney about your options.
Nothing stops you from moving, but until you establish residency in a new state, which could take 6 months, the prior state retains jurisdiction over any child custody issues, and the court could require you to return the children. Before moving, use the Find a Lawyer tab to consult a local family law attorney about your options.
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