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Ohio Child Custody Questions & Answers
2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: After tpo ended for domest violen he is living somewhere else He didn’t want to make Mortg payments only money for cHild

He has domestic violence charges and left our house 6 months ago, no mortgage payments from him he said that since he is not living here he is not obligated to make payments. He only deposits money for our son. We agree to dissolve the marriage but we don’t agree on the child support amount... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 8, 2020

You can't dissolve the marriage unless both parties agree on all details. He doesn't agree, so file for divorce and ask for occupancy of the premises, temporary spousal support to pay household expenses, and child support. Use the Find a Lawyer tab to retain a local divorce attorney to... Read more »

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1 Answer | Asked in Child Custody for Ohio on
Q: Does permanent custody terminate all parental rights, including visitation?

I have temporary custody of my nieces. Both parents have significant developmental disabilities which led to CPS removal due to neglect, nutritional and developmental deficiencies. They did not have visitations for 3 months due to COVID and the children made significant progress; physically,... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 7, 2020

It is up to the judge to determine custody and visitation in the best interests of the children. The judge has flexibility to make a decision based on all the facts. Custodians or parents can later apply for further changes as the situation changes and the children get older.

1 Answer | Asked in Adoption, Child Custody and Family Law for Ohio on
Q: I want my finacè to become my daughters legal father. Bio dad is not involved, help please!

I want my finacè to adopt my daughter and become her legal father. Her father never signed her birth certificate only took a dna test for child support. He may be willing to sign his rights over to my finacè if it is needed. Does he even have any rights to sign over? Do we need to be married? I... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 6, 2020

You and fiancé must marry for him to be able to adopt, and bio father might try to object. Use the Find a Lawyer tab to retain a local attorney to assist.

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: my boyfriend and his ex have a son together. he is now 15 months old and i have been with him his entire life. help

i have been in his life and primarily the one taking care of him when it is his shared parenting time. my boyfriend and i broke up. the mother wants to sign her rights over to me but still wants the father to have his rights. is this possible?

Joseph Jaap
Joseph Jaap answered on Jul 2, 2020

Yes, the father retains his parental rights.

1 Answer | Asked in Child Custody for Ohio on
Q: Can I legally withhold my daughter from my ex until he completes a covid test?

My ex and his wife are taking a “little trip,” and led me to believe it was local and isolated from other people. I just found out they’re flying cross country and back. Our 7-yr-old daughter, my domestic partner, and I have serious preexisting health issues. I can’t have my ex in my home... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 29, 2020

If the parenting time is not given as specified in the parenting agreement, then the other parent can file to have you held in contempt. At the hearing, you can explain to the judge your reasons, and the judge will decide -- probably giving the other parent additional time, but also requiring you... Read more »

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Ohio on
Q: My 16yr old niece runs away because of abuse. No one helps. Can i get emergency temp custody?

I'm her only other living blood kin. Hey fathers sister. She lives with mothers sister, has since she was 8, an both parents passed within 3 months of each other. She's claiming other aunt is abusive and continues to run away. Cops told me ill be arrested for helping her. What can i do?

Joseph Jaap
Joseph Jaap answered on Jun 25, 2020

Contact local children's services, which can investigate the situation, and determine what to do about custody.

1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: Im in ohio i have an urgent question about child support

Im in ohio Hi i know a woman who lost custody of her child, but gained it back. The woman who had custody of her child before she got him back had a support order for the biological father to pay. He still owes a lot of back child support. The mom decided not to get an order for the father since... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 25, 2020

The money is due to the recipient named in the child support order, but typically payable by the father to and through the state's Child Support Enforcement Agency, which then passes it on to the named recipient.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I am 16 my mom has been on drugs for years I can't stand to live with her anymore I want to live with my grandmother.

My grandmother loves me and would take good care of me what can we do

Joseph Jaap
Joseph Jaap answered on Jun 25, 2020

Your grandmother can contact children's services and discuss seeking temporary custody.

1 Answer | Asked in Child Custody for Ohio on
Q: Do I need to have a lawyer for my girls to ask a judge to live with me full time? We have shared parenting, no support

My girls are now 12,14 and 16 and have expressed desire to live with me full time. Do they have any say? He takes care of them on his week, no abuse or neglect, they still want to have contact with him just not live with him.

Joseph Jaap
Joseph Jaap answered on Jun 24, 2020

A lawyer is not required, but has experience dealing with the legal system that you don't. So if you want to improve your chances, especially if the other parent has an attorney, you should obtain one. The court will consider the desires of teenagers, but the court must determine what is in... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Im im an abusive home, have no family in the same state as I do, and my father is charging me with assault for defending

Myself. My friends family and I have decided to call CPS. Im 17 this Sunday, and there's no foster care anywhere near where I live. Im scared that I may have to move super far away from my SO of 5+ years, and my one best friend. I have super bad separation anxiety when Im not with one of them.... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 23, 2020

CPS will find a solution. Ohio does not have emancipation for your situation.

1 Answer | Asked in Adoption, Family Law and Child Custody for Ohio on
Q: We are adopting our nieces baby when he is born in November. How do we go about doing this?
Joseph Jaap
Joseph Jaap answered on Jun 22, 2020

Use the Find a Lawyer tab to retain a local attorney who handles adoptions to be sure that it is done properly.

1 Answer | Asked in Child Custody for Ohio on
Q: My daughter is wanting a change in the custody agreement. She wants to be with me and not stay overnight with her dad

He has left a bruise on her hip and behind that I could still see a week later when she returned. He made her pull down her pants and underwear and bend over in front of him to paddle her with his bare hand she was 12 almost 13! Then told me over text he is going to backhand her! Him and his wife... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 19, 2020

The court can change a custody agreement, and will consider what a teen wants. 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: I (father)filed for aMotion for Reallocation of Parental Rights and Responsibilities, due to my daughter reporting her

mother is drinking and driving with her in the car, she has also stated her mom is drinking daily and she has found drugs in the home. My daughter also requested for me to pick her up before the summer due to a toxic environment. (verbally abusive step father & biological mother) My daughter is... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 15, 2020

Yes, hire an OH attorney. Use the Find a Lawyer tab to retain a family law attorney who can review all the facts and advise you how to proceed.

1 Answer | Asked in Child Custody for Ohio on
Q: My wife had a child while we were married that isn't biologically mine, but I willing signed the birth certificate for.

Can the biological father take us to court for custody if he has never been established as the father and we don't want him in the child's life?

Joseph Jaap
Joseph Jaap answered on Jun 15, 2020

Yes, the biological father can go to court, get a paternity test, get parenting time with the child, and start paying child support. Use the Find a Lawyer tab to speak with a local family law attorney.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I'm 15 years old and I want to go live with my sister due to reasons at home how would I go about that?
Joseph Jaap
Joseph Jaap answered on Jun 8, 2020

Your parents would have to allow it, or your sister would have to file with the court to become your guardian. Talk to your parents and sister about it.

1 Answer | Asked in Child Custody for Ohio on
Q: My son who is almost 13 wants to come live with me and my wife. Will the courts allow that?

My son wants to come live with me and my wife. His mother isn’t abusive physically but can be a little mentally abusive and manipulative. He has stated the only reason he hasn’t told his mom that he wants to live with us is that “mom would go insane and be committed if I told her that.”

Joseph Jaap
Joseph Jaap answered on Jun 8, 2020

You can file with the court to change the parenting arrangement, and the court will consider all the circumstances to determine if a change is in the best interest of the child. Use the Find a Lawyer tab to consult a local family law attorney.

1 Answer | Asked in Child Custody for Ohio on
Q: I have a court ordered agreement with my daughters mother that during summer break from school we alternate weeks.

Due to covid 19 the last day of school was changed to May 21st. If covid 19 had not closed schools the last day would have been June 3rd. The mother is trying to argue that it doesn't matter that the last day was changed and we are still following the schedule as if the last day of school is... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 3, 2020

If the official date of the end of school got changed, for whatever reason it got changed, that is the start of summer break. So you'll just have to work it out with the mother. If she doesn't agree, you could file with the court to have her held in contempt. But courts are currently... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: My sons mother left the state today after not showing up for her week. Pretrial to put me on birth cert is june 11.

She was supposed to show up she is on probation and left after deciding that day. I have been taking care of him every other week for about a year and on weekends before that. he turns 2 next week. How can i get custody. she also has current problems with drugs and alcohol. I have a whole legal pad... Read more »

Joseph Jaap
Joseph Jaap answered on May 29, 2020

The pre-trial is not the final determination. If you want to improve your chances for custody, then use the Find a Lawyer tab to retain a local family law attorney to help you organize your notes and other information so that you can properly present it to the court.

1 Answer | Asked in Criminal Law, Probate, Family Law and Child Custody for Ohio on
Q: I called my sons mothers probation officer because she is drinking doing drugs driving without a license and has guns

She has left the state now for a month to avoid failing her drug test. Will i look bad when i go for custody if i call them again to let them know she left the state? I only do this because in her care my son goes without regular food, baths and enough sleep he is almost 2 its heart breaking. He... Read more »

Joseph Jaap
Joseph Jaap answered on May 29, 2020

File for custody. Use the Find a Lawyer tab to retain a local family law attorney.

1 Answer | Asked in Child Custody for Ohio on
Q: if my dad makes me feel unsafe and puts me down. Can my mom get fully custody of me. I am 16
Joseph Jaap
Joseph Jaap answered on May 18, 2020

Your mother would have to file with the court, and the court would have to decide. Talk to her about it.

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