Tricky question. Technically a parent has an obligation to parent a child until they emancipate. That usually happens when the child is both 18 AND a high school graduate. This may be further complicated if a parent is receiving child support on behalf of that child. This question does not...View More
How do I go about getting a DNA test? She is obstructing and being difficult at every opportunity, vowing not to ever let me near the baby out of nothing more than spite. I can't afford to retain a lawyer.
I would suggest taking a few steps to establish paternity:
1. Seek legal counsel. A family law attorney can advise you on your rights and the process for establishing paternity in your state. They can help you file a motion with the court to compel a DNA test if the mother is uncooperative....View More
She and the ex need to file a joint entry (with the judge's signature) modifying the parenting plan to reflect this new situation. Once that is in place she needs to contact CSEA and provide a certified copy of the filed entry to them requesting the modification of the support award.
Hello, I am reaching for some legal help. Does my wife have right to take our children away to her mothers house? I was “kicked out” from the home a month ago, against my will, but been present and coming back daily to see the children and to spend time with them. My wife is claiming that she... View More
In the absence of a court order, married parents have equal rights to their children. Thus, she is within her rights to take them over to her mother's house, and you are within your rights to spend time with them as well. Your best course would be to hire an attorney and file a divorce and...View More
I need information. He is wanting to sell our home while I'm still in it with my protection order, I need to buy a home for my kids and I. He is currently awaiting trial for domestic violence and strangulation of myself, I am 7 months pregnant. Information on child custody and support as he... View More
That must be very worrisome. But he cannot sell the home without your signature on the deed, even if you are not named on the deed. In Ohio, but spouses must sign any deed for real estate owned by either or both of them - so you both have to agree to any sale. If you file for divorce, you can...View More
I am the stepmother who has temporary custody and the children. The mother has messed a year and a half of visits with one child, and eight months of visits with the other, trying to figure out if that’s considered abandonment.
In Ohio, the situation you describe may potentially be considered as a form of abandonment, particularly given the significant amount of time the biological mother has missed court-ordered supervised visits. Abandonment in child custody cases often refers to a parent's failure to maintain...View More
I would frame the question like this; should a child lose their right to have a meaningful relationship with the grandparents simply because their guardian is moving? You will need to have an attorney review the full order granting you custody. Often, when another grandparent has been formally...View More
no school, if there is school then pick up time shall be after school*. The child in question is 4 years old. This school is also a daycare which is what the child attends at the time. Father is stating that means that since he is not in school, it is daycare, that pick up is 4pm everyday. I read... View More
I would not interpret "daycare" as "school." Daycares typically provide child care services so that a parent can drop a child off somewhere relatively safe while the parent goes to work. Schools typically provide an educational curriculum in accordance with specific legal...View More
In shared parenting situations, the rules regarding a child's possessions, like a phone, often depend on the specific custody agreement and parenting plan. It's important to review your custody agreement to understand if there are any guidelines or rules about personal items and...View More
My boyfriends home parents are split up but neither home situation is healthy and/or safe for him. It is deteriorating his mental health and he needs to move out as soon as possible for his own well being. emancipation is not available in Ohio. However hes working on getting a job and already has... View More
The only way he can legally move out of his parents house karma is with the involvement of the court. If his home life is truly presenting a substantial danger to him, a child protective agency needs to be involved. The only way a non-relative could succeed in transferring custody is if they have...View More
I have shared legal custody with my child’s mother. She lives in Ohio and I live in Pennsylvania. She is the custodial parent for school purposes as that is what we agreed upon initially during our original custody case when she was 5. My daughter is now 12 and wishes to move out here to... View More
This is a very fact specific question. It is possible, given your daughter's age, that a court would lend more weight to her wishes. However, she's been established in Ohio for seven years. A court is going to be hesitant to upend her like that especially if she is doing well academically in Ohio.
In the situation you've described, you will need to file a complaint for legal separation. It is similar to a divorce with the key exception that it will not terminate the marriage. However, once this is filed your husband may file a motion to convert the action into a divorce. Nevertheless,...View More
My girlfriend has invited me into the home. Her mother doesn't want me there. She threatens to call the cops and get me removed. The roles were reversed a while ago and my mom wanted my girlfriend to leave the house but the dispatcher told her there was nothing they could do about it because... View More
As a practical matter, this will be at the discretion of police arriving at the scene. Generally, no 17 year old as a minor can grant an invitation over the will of the adult who owns the premises. I do not believe the prior police officer's statement was a correct statement of law. One thing...View More
I spoke to a school official about my friend's safety at home. They made a report with CPS and CPS did a wellfare check. Somehow my friend's parents found out I instigated the report. Was my counselor or CPS allowed to share my name?
If you ask for your name to be kept anonymous, it ought to have been. It doesn't seem clear from your question, however, how the parents you mention the actually stand out your name. They may have guessed it from the context. When you determine how you're information what's...View More
In Ohio, petitioning the court to terminate a parent's rights is a serious matter and typically reserved for extreme situations. Given the father's mental illness and recent declaration of incompetence, you have valid concerns about your child's safety.
I agree with my colleague. When confronting a parent with mental health issues, one needs to gather all the relevant medical and therapeutic information. You should also keep in mind that Ohio law was recently amended to specifically direct courts that having any kind of disability cannot be the...View More
Generally speaking, objections will be considered by the judge in that court. Your objections should lay out why you believe the magistrate's decision was incorrect. The judge will then review those objections to see if the magistrate's decision should be reversed or modified. In some...View More
This really should be handled by an attorney. This case could turn on many facts not stated in the question. Why did Father have custody? Why is the chlid with maternal grandmother? It is likely your mother will need to file a Motion to intervene as a party and then file a motion to...View More
A family member has been required to pay child support to his ex-wife who has basically cut all ties to her 3 kids. The children live with the father and he provides all needs for them. The mother refuses to support the children at all and instead uses the child support money paid to her on her... View More
If he's paying child support then most likely it is Order or Judgment of the court----please contact a few family law attorneys in your area, set up a consultation and take a copy of Order and Judgment and discuss the pro and cons of going back to Court to change it where the father has...View More
If a child is with the dad from christmas til new years and the mom asks if she can take him on a cruise during that time and he says yes can he later change his mind and keep the child for Christmas and the time he has in the custody papers or since the agreement has been writen down in text does... View More
Technically, it is the court Order that controls where the child where children should be if the parties cannot agree. That being said, having had a written agreement to a one time alteration does complicate the situation. The facts you describe will not likely give you the ability to successfully...View More
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