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Ohio Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: I was recently subpoenaed as an expert witness (Mental Health Professional) by a client's attorney. Who should pay me?
Matthew Williams
Matthew Williams answered on Oct 13, 2021

Expert witnesses are hired, not subpoenaed. Witnesses who are subpoenaed into court are usually fact witnesses and their compensation is provided by the court and is exceedingly minimal. When you hire an expert to testify on your client's behalf your client generally pays for them and there is... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Does anybody do child custody cases

How much would it cost

Matthew Williams
Matthew Williams answered on Oct 5, 2021

Lots of lawyers do custody cases. How much it costs depends on what type of case it is. You should contact some lawyers privately.

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: Does the opposing attorney have to disclose evidence against me?

I am representing myself in 2 custody cases but i dont know what i need to be defending myself against. As i am my own attorney, doesnt their attorney have to disclose whatever evidence they have against me so I am able to build a proper defense?? Please help me!!

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 27, 2021

He doesn't have to just because. You have to ask him for it. This is generally done by serving 1) Interrogatories (written questions seeking information) 2) request for production of documents (documents that may be relevant to the case) and 3) admissions of fact. This is possible, but really... Read more »

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: What is considered contempt in a custody case?

Court order states no party shall block the other. The plaintiff put my messages to ignore on FB messenger so my messages were not getting delivered and if I tried to call it would automatically hang up. Would that be considered going against orders?

Cathy Cook Esq
Cathy Cook Esq answered on Sep 26, 2021

Based on what you report of the order, yes. However, I would prefer to see the entire section before stating if you would be successful on a contempt motion.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My daughter's father has tested positive for covid. Our daughter and myself have both tested negative.

She was/is with him for his time according to our shared parenting plan. He is refusing to allow me to pick up our daughter. Can I take her against his wishes and can I refuse visitation with him due to his positive covid result (

Cathy Cook Esq
Cathy Cook Esq answered on Sep 26, 2021

Generally, the Courts are not requiring parents to relinquish parenting time due to a positive COVID test. Has your daughter been vaccinated or is she too young? Does she have any health conditions? Is he wearing a mask, having her do so, and keeping distance?

You might see if her...
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1 Answer | Asked in Child Custody for Ohio on
Q: I have a joint custody agreement with my ex-husband but I would like to move 5 hours away. Can I legally do this

I would work out items with him directly but want to make sure I have rights

Joseph Jaap
Joseph Jaap answered on Sep 20, 2021

You must notify the court of your potential change of address. The custody agreement will need changes that must be approved by the court, and the court can hold a hearing if you and your ex cannot agree. Use the Find a Lawyer tab to retain a local family law attorney to review the situation and... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: can i file a motion to close child protection services case after disposition occured
Matthew Williams
Matthew Williams answered on Sep 1, 2021

After disposition cases are closed, so I don’t think it would accomplish much.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Live in Ohio want to move back to TN where my mom and my kids grandma is (my mom). My husband and I may be separating.

Wanted to know if I can do this without his consent and it not be held against me or legal action be brought upon me. He has physically abused me in the past and recently threatened to.

Joseph Jaap
Joseph Jaap answered on Aug 31, 2021

Don't do anything until talking to a local divorce attorney. Use the Find a Lawyer tab to retain one. If you go to TN, he could file for divorce here in OH, the OH court would have jurisdiction, and could require you to return the children to OH. So talk to a lawyer who can review all the... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: My husband and I were going to get legal custody of my daughters friend who is now in our care with temporary placement.

When she turns 18 can we make her leave our home or will we have to evict her?

Matthew Williams
Matthew Williams answered on Aug 30, 2021

You will have to follow eviction procedures since she is a resident not just a guest.

1 Answer | Asked in Child Custody for Ohio on
Q: What rights do I have to my child

We aren’t married Father is in and out of life moved 45 minutes away is behind on child support and doesn’t help with anything

Matthew Williams
Matthew Williams answered on Jul 29, 2021

If you were not married when the child was born and paternity has not been established either in court or by affidavit, you have custody and he does not.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Do my boyfriend and I (not married), who live in Ohio, have joint custody of our son who was born in another state?

I lived in Louisiana when my son was born. I was not married. My boyfriend and I filled out paternity paperwork and he is on the birth certificate. We now live in Ohio. Do we have joint custody or do I have sole custody?

Matthew Williams
Matthew Williams answered on Jul 27, 2021

While a lawyer would have to look at the laws of the various jurisdictions involved, it is very likely you have joint custody at this point. The whole point of filing out paperwork acknowledging paternity and getting yourself named the father on the birth certificate is to establish that... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Married but separated. No court no custody order but husmad refuses to give me our son back. What do I need to do.

We agreedbto share our son and and no child support. Does he have a right to keep my son away from me based false assumptions that I am unfit?

Joseph Jaap
Joseph Jaap answered on Jul 13, 2021

Until a court orders it, your spouse does not have to let you have your son. Use the Find a Lawyer tab to retain a local family law attorney who can file for divorce or legal separation, ask the court for a custody order, etc.

1 Answer | Asked in Family Law, Child Custody, Child Support and Landlord - Tenant for Ohio on
Q: My Daughter is trying to get her ex boyfriends name off her apartment lease. He hasn't lived there for almost a year.

She has had major problems with him she finally got his key back and absolutely nothing in the apartment is his. They are going to be going through a custody battle come November and she needs to get on assistance for insurance for the child and she can't until his name is off the lease.... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 13, 2021

If she doesn't have an attorney, she should use the Find a Lawyer tab to retain a local family law attorney to assist her with the custody and child support issues, and communicate with the landlord about the problem. with the lease.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: How can I get Divorce, custody, child / spousal support help?

Hi, I'm a stay at home mom to 4 kids including a breastfed infant. My husband works 12 hours a day and 3 days off, but is not present when home as he smokes weed outside for hours on end. Or he's asleep because of medical issues and can't be woken up. I have a support system and do... Read more »

William Lehner
William Lehner answered on Jul 5, 2021

You should talk privately with a divorce lawyer. Don't be afraid. From what you said, it is most likely that it is in the best interest of the children for them to be with you. A Guardian Ad Litem can be appointed who would probably say that the kids should not be with a pot head. He would... Read more »

2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: Am I able to just leave with my children legally?

I'm 22 i have 2 children with my fiance, 26 whos abusive. I cant go anywhere else in the house or he'd get so upset.

He said i can leave him any time i want but my 2 boys have to stay with him. He doesn't do anything i have to tend to his every need while tending to my... Read more »

Joel Allen Holt
Joel Allen Holt answered on Jul 7, 2021

He's wrong. Mothers are presumed to be the custodial parents if unmarried at time of birth and if paternity is not established.

You are free to leave with your children. If he is abusive, you may want to consider contacting an attorney, legal aid, or your local domestic relations...
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1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: My kids Dad took me to court for custody when I left the abusive relationship I could not afford a lawyer. He was given

He was awarded custody and lied about everything . He never took the kids to live with him. That was Feb 2020. I was ordered to pay support. I have the kids 90% of the time. I’m currently being treated for stage 2 breast cancer. I’m unable to get a job until I finish chemo and recover from... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 30, 2021

Check with your local domestic relations court to find out if they have a legal clinic to help those without an attorney. The forms you need are available on line. Also use the Find a Lawyer tab to call around to local family law attorneys. You might find one to work with you.

1 Answer | Asked in Child Custody for Ohio on
Q: I share 50/50 custody of my granddaughter with maternal grandmother. She is wanting to take her on vAcation

Per our court order she is aloud one week.starting on her custodial time.she is scheduled it starting on my time and for 12 days not one week

What is my options?

Joseph Jaap
Joseph Jaap answered on Jun 28, 2021

You can advise her that you don't agree, or you could work it out with her, or you could tell her to file with the court to ask the court to allow it. Use the Find a Lawyer tab to retain a local family law attorney to advise you.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: At what point in paperwork, during a complaint for custody, do you state all the reasons you want custody of your child?

My nephew is trying to file for custody of his 5 month old son and was given a packet of documents to read and fill out, then file. The docs include, motion for visitation, complaint for custody, complaint or custody change, affidavits and service notifications, etc. When and where does he state... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 28, 2021

Your nephew can use the Find a Lawyer tab to call other lawyers to find one who he can afford and will work with him to assist in filling out the forms. Or your nephew can check with the court to find out if they have a legal clinic to assist those without an attorney.

1 Answer | Asked in Child Custody for Ohio on
Q: My son is trying to get custody of his 6 year old daughter. She has never been in school. She is with us mostly.
Matthew Williams
Matthew Williams answered on Jun 24, 2021

And what is your question? He needs to file a private custody action, and he needs to establish paternity unless he and the child's mother were married when the child was born.

1 Answer | Asked in Child Custody for Ohio on
Q: My son is trying to get custody of his 6 year old daughter. How does he go about it? My granddaughter has never been to

School. My son has a felony on his record for possession of Marijuana. It happened around 5 years ago. In Utah,traveling home to Ohio.

Joseph Jaap
Joseph Jaap answered on Jun 24, 2021

He should use the Find a Lawyer tab to retain local family law attorney in the county where his daughter lives who can review the situation and advise him of his options.

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