Ohio Child Custody Questions & Answers
Q: My niece is wanting my husband and I to adopt her unborn baby. What do we need to do for this to be legal and not cost?
Joseph Jaap's answer
Talk to the probate court and review the forms and procedures for adoption on the court's web site. The biological father would have to consent. You probably will need an attorney to assist you with the process. You can use the Find a Lawyer tab to retain a local attorney who handles adoptions.
Talk to the probate court and review the forms and procedures for adoption on the court's web site. The biological father would have to consent. You probably will need an attorney to assist you with the process. You can use the Find a Lawyer tab to retain a local attorney who handles adoptions.
Q: I lost custody 8 years ago and haven't been allowed to see my her. I finally have my life together. What can I do to...
Joseph Jaap's answer
Use the Find a Lawyer tab and retain a local family law attorney to review all the facts and advise you of your options. You could file in court to re-establish contact. The court would decide if that is in the child's best interest considering all the facts. If you are not paying child support, the court could order you to begin paying.
Use the Find a Lawyer tab and retain a local family law attorney to review all the facts and advise you of your options. You could file in court to re-establish contact. The court would decide if that is in the child's best interest considering all the facts. If you are not paying child support, the court could order you to begin paying.
Q: How do I file a contempt order for parenting time
Joseph Jaap's answer
Check your local court web site for the form to file for motion for contempt. Some courts or local law schools offer legal clinics for those without an attorney. But check your parenting time order. It might require mediation before filing a motion for contempt.
Check your local court web site for the form to file for motion for contempt. Some courts or local law schools offer legal clinics for those without an attorney. But check your parenting time order. It might require mediation before filing a motion for contempt.
Q: I am needing to get visitations set up with my son, as my Mother currently has custody. I don't have a job right now but
Joseph Jaap's answer
You will have to file a motion with the court asking for that. Some courts have legal clinics to assist those without an attorney. You aren't required to have an attorney, but your chances of success are lower without one.
You will have to file a motion with the court asking for that. Some courts have legal clinics to assist those without an attorney. You aren't required to have an attorney, but your chances of success are lower without one.
Q: My son will be 18 & 1/2 when he graduates. Are my divorce orders in effect until he graduates?
Matthew Williams' answer
Your child is now an adult. Whatever the custody arrangement is/was he can make his own choices now.
Your child is now an adult. Whatever the custody arrangement is/was he can make his own choices now.
Q: I am a father in Ohio me and the kids mom separate but still married and she dropped our kids off do I have custody
Joseph Jaap's answer
If you are married, both parents have custody, until a court order says otherwise. If you file for legal separation or divorce, then the court will determine custody issues. Use the Find a Lawyer tab to retain a local family law attorney to review all the facts and advise you.
If you are married, both parents have custody, until a court order says otherwise. If you file for legal separation or divorce, then the court will determine custody issues. Use the Find a Lawyer tab to retain a local family law attorney to review all the facts and advise you.
Q: I'm 16, am I able to change my custody to my mom from my dad to switch schools & get out of a bad environment wout court
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Education Law
for
Ohio
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
Joseph Jaap's answer
The court makes that determination. Your mother would have to file with the court to ask for a change. The court will take your desire into account, but might not agree to the change.
The court makes that determination. Your mother would have to file with the court to ask for a change. The court will take your desire into account, but might not agree to the change.
Q: I got divorced in Cleveland Oh and i have shared Parenting. My Decree and shared parenting Plan are All in Cleveland
1 Answer
| Asked
in
Child Custody, Civil Litigation, Divorce and Family Law
for
Ohio
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Joseph Jaap's answer
She should have filed a change of address with the OH court which handled the divorce, and it would retain jurisdiction. She could file something in MI, but the MI court would likely say it belongs in OH court.
She should have filed a change of address with the OH court which handled the divorce, and it would retain jurisdiction. She could file something in MI, but the MI court would likely say it belongs in OH court.
Q: Can my 17 year old friend come live with me if her step mom and dad is mistreating her & cutting people out her life
2 Answers
| Asked
in
Criminal Law, Family Law, Child Custody and Juvenile Law
for
Ohio
on
Answered on Jan 21, 2019
Answered on Jan 21, 2019
Joseph Jaap's answer
The friend is a minor and must follow the directions of her parents. If there are problems at home, she should talk to a teacher, school counselor, or other trusted adult.
The friend is a minor and must follow the directions of her parents. If there are problems at home, she should talk to a teacher, school counselor, or other trusted adult.
Q: I’m a male parent who stayed home as a parent for 4 years. Can I get joint custody
Joseph Jaap's answer
The parents set the schedule for parenting time with the kids if they can agree, and if they can't, then the court will set the schedule. Most counties have a standard schedule based on the ages of the children. Use the Find a Lawyer tab and retain a local family law attorney to review all the facts and advise you.
The parents set the schedule for parenting time with the kids if they can agree, and if they can't, then the court will set the schedule. Most counties have a standard schedule based on the ages of the children. Use the Find a Lawyer tab and retain a local family law attorney to review all the facts and advise you.
Q: We are legal guardians of our 10 year old niece. Her biological father suing for custody. What can we do?
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local family law attorney to represent you in court at the custody hearing. The attorney can review all the facts and help you present them to the court as evidence and testimony to support your continued care for your niece.
Use the Find a Lawyer tab to retain a local family law attorney to represent you in court at the custody hearing. The attorney can review all the facts and help you present them to the court as evidence and testimony to support your continued care for your niece.
Q: What is the process for a father to receive visitation from court?
Joseph Jaap's answer
As the unwed mother, you have sole legal custody of your child. You decide who gets to spend time with your child, or not. The father must go to court and prove paternity with DNA, and the court will then consider granting him visiting time, if he is proven to be the father. The court determines what is in the best interest of the child for father's visits, based on all the evidence presented to the court at a hearing that you and he attend. For a newborn, the court might grant a father...
As the unwed mother, you have sole legal custody of your child. You decide who gets to spend time with your child, or not. The father must go to court and prove paternity with DNA, and the court will then consider granting him visiting time, if he is proven to be the father. The court determines what is in the best interest of the child for father's visits, based on all the evidence presented to the court at a hearing that you and he attend. For a newborn, the court might grant a father...
Q: Question about judgment entry order for child custody Parenting Agreement
Joseph Jaap's answer
The terms used in Ohio are "residential parent" and "non-residential parent." The term "custody" can cause confusion. Which rights the "residential parent" has, and which rights the "non-residential parent" has, are specified in the parenting agreement and in the court's order approving and incorporating the parenting agreement. If there are questions about the extent each parent's respective rights, use the Find a Lawyer tab to consult a local family law attorney.
The terms used in Ohio are "residential parent" and "non-residential parent." The term "custody" can cause confusion. Which rights the "residential parent" has, and which rights the "non-residential parent" has, are specified in the parenting agreement and in the court's order approving and incorporating the parenting agreement. If there are questions about the extent each parent's respective rights, use the Find a Lawyer tab to consult a local family law attorney.
Q: Is it possible to get help in navigating the divorce packet, I need to know that I have filled everything out correctly.
Joseph Jaap's answer
Some courts or local law schools have legal clinics with volunteers to answer questions. Otherwise, it is prudent to retain a local family law attorney to assist you. If the documents are not done properly, or you fail to include something, it can be difficult or impossible to fix later. Use the Find a Lawyer tab to retain a local family law attorney to advise you.
Some courts or local law schools have legal clinics with volunteers to answer questions. Otherwise, it is prudent to retain a local family law attorney to assist you. If the documents are not done properly, or you fail to include something, it can be difficult or impossible to fix later. Use the Find a Lawyer tab to retain a local family law attorney to advise you.
Q: I’m turning 17 this March. My grandparents are moving out of state and have said yes to a emancipation
Joseph Jaap's answer
Ohio does not generally have emancipation except in certain cases. Here is more information:
https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/
But your grandparents or whoever has legal custody of you, might be able to arrange temporary custody. They should use the Find a Lawyer tab and check with a local family law attorney for advice.
Ohio does not generally have emancipation except in certain cases. Here is more information:
https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/
But your grandparents or whoever has legal custody of you, might be able to arrange temporary custody. They should use the Find a Lawyer tab and check with a local family law attorney for advice.
Q: I live in ohio and am not sure who my babys father is. One of the potential dads has a violent past (assult and drug
Joseph Jaap's answer
The father would first have to prove paternity with a DNA test, and then file in court seeking parental rights. The court will decide what is in the best interest of the baby. It could grant father rights, but with an infant, it would only be short amounts of time at first. And you should then apply for him to start paying child support. Until the court grants father any rights, mother is the sole custodian, and makes all decisions, and does not have to let anyone else see the infant. Use...
The father would first have to prove paternity with a DNA test, and then file in court seeking parental rights. The court will decide what is in the best interest of the baby. It could grant father rights, but with an infant, it would only be short amounts of time at first. And you should then apply for him to start paying child support. Until the court grants father any rights, mother is the sole custodian, and makes all decisions, and does not have to let anyone else see the infant. Use...
Q: Im sending my daughter to live in Dayton oh with family. I’m not interested in giving them custody.
Joseph Jaap's answer
You must provide whatever legal documentation that the school district requires for registration. And without proper legal documentation of temporary custody, medical treatment could also be a problem for her.
You must provide whatever legal documentation that the school district requires for registration. And without proper legal documentation of temporary custody, medical treatment could also be a problem for her.
Q: I need a family lawyer to go to court with me January 2019
Joseph Jaap's answer
Use the Find a Lawyer tab to contact local family law attorneys and find one who can work with you. The court must decide what is in the best interest of your son, based on testimony and evidence presented to the court at the hearing. A lot will depend on what your mother says to the court about you and your current situation. The unpaid child support is a separate issue. You can contact the local child support office to have them try to collect it, and you can file with the court to have...
Use the Find a Lawyer tab to contact local family law attorneys and find one who can work with you. The court must decide what is in the best interest of your son, based on testimony and evidence presented to the court at the hearing. A lot will depend on what your mother says to the court about you and your current situation. The unpaid child support is a separate issue. You can contact the local child support office to have them try to collect it, and you can file with the court to have...
Q: Married daughter needs to move to Ohio to be with parents, with her child to flea a domestic situation. Can she?
Joseph Jaap's answer
She should use the Find a Lawyer tab to consult with a NC family law attorney. If she moves to OH, until she establishes residency in OH (which requires 6 months), NC will retain jurisdiction if her spouse files for divorce in NC, and a NC court can require the return of the child to NC. If she is a victim of abuse, she can file a report with the police and file for a protection order. She can discuss all that with her NC attorney.
She should use the Find a Lawyer tab to consult with a NC family law attorney. If she moves to OH, until she establishes residency in OH (which requires 6 months), NC will retain jurisdiction if her spouse files for divorce in NC, and a NC court can require the return of the child to NC. If she is a victim of abuse, she can file a report with the police and file for a protection order. She can discuss all that with her NC attorney.
Q: Ex husband's responsibility to keep children while I'm away for work
Joseph Jaap's answer
If the order says it is your time, then you have to find arrangements, just as a single parent would. The order probably says the other parent gets first shot if you can't, but is not required to watch them if you can't. You might have to hire a professional sitter.
If the order says it is your time, then you have to find arrangements, just as a single parent would. The order probably says the other parent gets first shot if you can't, but is not required to watch them if you can't. You might have to hire a professional sitter.
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