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Ohio Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Ohio on
Q: My childs father has not been in the childs life for 7 years, he pays child support.Can he get custody? Hes threatening

I have proof of his manipulation and my childs therapist does not think its wise for him to be around his father. He never asks about our child and hasnt seen our child in years. Hes never filed for visitation. I feel like hes only doing it to try and hurt me. He a narcissist and I am really... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 29, 2020

He has the right to file for parenting time with the child, and the court will consider it. The court will review all the facts and evidence, including the therapist's recommendation, and then determine what is in the best interest of the child. The court could grant him supervised visits to... Read more »

1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: Can I waive the back child support owed to me in order to negotiate visitation arrangements?

My ex (never married) owes $10k in back child support and the Ohio CSEA has done nothing to enforce it except for when I alert them that he missed multiple payments, then they will issue a warning letter and magically I'll get a small sum but its a repeating cycle. We just established a... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 28, 2020

If he knows that you could file a motion with the court asking to have him held in contempt for failure to pay, then perhaps he will agree to a change in custody. Use the Find a Lawyer tab to retain a local family law attorney to review the situation and advise you.

1 Answer | Asked in Child Custody for Ohio on
Q: Can father of my child take her out of state if he has temp cusodty without asking me or the judge

Kids dad has temp cusodty of my 16 year old and I just found out in June they went

Out of state on vacation

Joseph Jaap
Joseph Jaap answered on Sep 14, 2020

He can unless the custody order says otherwise.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My ex girlfriend isn't letting me see my daughter the last 4 weeks. Our agreement was meet at 10am every saturday.

She was always 2+3 hours late.I drove an hour to meet, I need to get legal visitation.I will pay child support if I have to. I paid $1000s for her child support to keep her out of jail, paid $800 past due to her past electric bills so she can have it on for her/daughter in her apartment ,she lost... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 14, 2020

If there is no court order giving you parenting time, then you will have to file with the court for parental rights, and that could take a while, since some courts are operating more slowly because of the virus and backlog of cases. Use the Find a Lawyer tab to retain a local family law attorney... Read more »

1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: I pay child support for my 3 kids but the mother won’t let me see them there has been no order of custody how do Ic them

I filed for visitation but since there is no order of custody the visitation paper was not accepted

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 12, 2020

You need to file a complaint for the allocation of parental rights and responsibility and for parenting time. If you are in Cleveland, this can be done at the Cuyahoga Juvenile Court. You need to establish a custody order first.

1 Answer | Asked in Child Custody for Ohio on
Q: Unwed couple, living together but currently on a temporary separate living arrangement.

What rights would the mother have if the father decided not to give the children back after the agreed visiting weekend? There are no court orders and the children have been living with the mother at their primary residence.

Thank you for your time.

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 12, 2020

If the parties are unwed and there is no parenting order in place then the father has no parenting time rights. The mother can take the kids back, using the police if she wishes. It would then be up to the father to seek a parenting order.

1 Answer | Asked in Divorce and Child Custody for Ohio on
Q: how long does a devorce usually take if the only issue is visitation of a child and the average cost
Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

The court filing fee is about $300 to 400. If an investigation is required to determine parenting issues, then several hundred more. Legal fees for an attorney could be from a thousand, to many thousand, depending on what happens. The process takes at least a few months, and can take up to a... Read more »

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: Separated not divorced. Two separate states non court shared parenting can My ex Keep our child ? Is that legal.

Separated not divorced. We live in two separate states. I have my son all the time he goes to school while with me and I let his dad take him for visits.

we go outside of the court system for visitation. I have our son enrolled at school with me. I have him on my welfare case and medicaid.... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

If there is no court order for legal separation or parenting, then you will have to file with the court to start that process. With two states, it will be complicated, time-consuming, and expensive. Use the Find a Lawyer to retain a local family law attorney to review the situation and advise you.

1 Answer | Asked in Child Custody, Child Support and Divorce for Ohio on
Q: Separated not divorced. We live in two separate states. I have my son all the time and let his dad take him for visits.

we go outside of the court system for visitation. I have our son enrolled at school with me. I have him on my welfare case and medicaid. I let his dad come get him when he doesn't have school or for a holiday. He told me the other day that we won't let me have him back. Please can I have... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

If there is no court order for legal separation or for parenting, then you will have to file with the court to start that process. Living in two different states will make it more complicated, time consuming, and expensive. Use the Find a Lawyer tab to retain a local divorce attorney who can... Read more »

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: My son that is 14 years old wants to come live with me. Would the court let me move him out if state support group is

I do not have visitation setup as his mother and I have always worked that out between each other. Child support is setup through court. If he can come live with me I would need to move to Indiana where my support group is as my family doesn't live here. How do I go about doing this

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

The court will consider all the testimony and evidence to determine whether moving away is in the best interest of the child. Use the Find a Lawyer tab to consult a local family law attorney who can review all the facts and advise you.

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: My mother is the custodial parent. Is there anyway I can live with other guardians without her consent.

I’m 15

Cathy Cook Esq
Cathy Cook Esq answered on Sep 6, 2020

Parents have superior rights. Your other parent could seek custody but must show a change of circumstances since custody was given to mother and that it is in your best interest for the other parent to have custody. For a non-parent to gain custody, your mother must be shown unfit.

1 Answer | Asked in Child Custody for Ohio on
Q: Can my boyfriends ex (mother of his child) include me in their custody agreement as someone the child can not be around?

I have never been a threat to the child. I do not even see the child. I have no criminal background, a great job and custody of my own two children. I feel like this is just an attempt to try to sabotage his new relationship

Joseph Jaap
Joseph Jaap answered on Sep 3, 2020

It probably is an attempt to interfere, but the court could approve such a restriction.

1 Answer | Asked in Family Law, Child Custody and Municipal Law for Ohio on
Q: My mother filed for custody of my daughter in Ohio. What will happen if I don't go to any of the hearings?
Joseph Jaap
Joseph Jaap answered on Sep 1, 2020

If you don't attend the hearing, the judge will conclude you don't care, and so your mother will likely get custody.

1 Answer | Asked in Adoption, Child Custody and Child Support for Ohio on
Q: Can Unwed couple in Ohio work out child support outside of court.

Is it possible for an Unwed mother and father (name not on birth certificate) to work a deal outside of court. We have after research we have agreed on an amount to give and that the father will not be in contact with the child. Is there any legal issues with this? I won’t be filing for... Read more »

Matthew Williams
Matthew Williams answered on Aug 31, 2020

The father is taking a big risk here. If you turn around and petition for child support, your out of court arrangements may or may not be honored by the child support enforcement agency and courts. It's safer for everyone involved to do it officially. If he wants to provide additional support... Read more »

1 Answer | Asked in Domestic Violence, Divorce, Family Law and Child Custody for Ohio on
Q: I have a hearing tomorrow regarding the restraining order on my ex. She has my other ex, her husband and their attorney

I have a hearing tomorrow regarding the restraining order on my ex.

She has my other ex, her husband and their attorney as witness.

We have a pending case for custody.

Can they be used as witnesses in the restraining order which is a different case and different person... Read more »

Matthew Williams
Matthew Williams answered on Aug 31, 2020

Witnesses generally need to have personal knowledge of something relevant or else their testimony is going to be very brief. I suspect they disagree agree with your assessment that they lack personal knowledge of the events.

1 Answer | Asked in Child Custody for Ohio on
Q: What are the chances of a recently recovering alcoholic getting joint custody of unborn child?

I'm divorcing my husband. He's relapsed 5 times in the past 7 months of marriage and it is his 2nd time in rehab in the past 3 years. He was in sober living for the past month, but I fear he's relapsed, now he's blocked me and I know nothing of his whereabouts. He has severe... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 24, 2020

A court will review all the circumstances to determine what is best for the child. A divorce cannot be finalized until after the child is born. Use the Find a Lawyer tab to retain a local divorce attorney who can review all the facts of your situation and advise you how best to proceed.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: I filed for a divorce with children. My ex has the paperwork. Shes not responding to it. What happens next?

We have a year old daughter who lives with me. She is not responding to the divorce. What will happen?

Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 24, 2020

If she's been appropriately served, the court will convert the divorce to an uncontested case. This means you will need to submit a proposed judgment entry ahead of time and present some evidence as to the divorce.

2 Answers | Asked in Civil Litigation, Divorce, Child Custody and Child Support for Ohio on
Q: I am fighting to remain in my daughters life. Her attorney is asking for documents already given. And my EIN paperwork.

He was given most of the documents already.

He want proof of my EIN.

Taylor P Waters
Taylor P Waters answered on Aug 20, 2020

A talented family law attorney should be able to help you out. Let her attorney know that you already provided the requested documents.

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1 Answer | Asked in Child Custody for Ohio on
Q: My girlfriend has been separated from her husband for a year but not officially, documented, and we are expecting our...

daughter December 29 of this year. She is still married but pursuing a divorce. I’m terms of parenting, is there anything we have to do so I can sign the birth certificate and legally be my daughters father in the eyes of the Ohio government?

Joseph Jaap
Joseph Jaap answered on Aug 19, 2020

Her divorce cannot be finalized until after the baby is born. Then the court can have a DNA test to determine who is the father. Until then, her husband will be considered the father. If he is not the biological father, then after the divorce is final, the mother can marry the biological father... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Do I have the right to an attorney in a private family court case?

I willing allowed my daughters paternal grandparents to care for her while I worked on my addiction. There has never been CPS involvement. Now that I have been sober for over a year and have my own place I've asked for my daughter to return to my care and the grandparents refuse. We have been... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 17, 2020

Attorneys are only provided in criminal cases. Use the Find a Lawyer tab to check around for a local family law attorney that might work with you, or check local legal aid.

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