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Ohio Child Custody Questions & Answers
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.

1 Answer | Asked in Divorce, Family Law, Child Custody and Identity Theft for Ohio on
Q: My wife of 10 years with 2 kids cheated on me and had a fake pregnancy. She had her tubes tied after my youngest, used

ultrasounds of my children and a baby picture of my friends baby, the "baby" wasn't going to survive or go home. We have confronted her and everyone knows the truth, she used fake phone numbers to pretend to be me and my friends to him. I want to get a divorce and for her to get the... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 17, 2020

Use the Find a Lawyer tab to retain a local family law attorney who can review all the facts, advise you of your options, and file the divorce, asking for custody of your children.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Ohio on
Q: I want to get emancipated. I live in Ohio i am 16 but I have questions to see if I have a chance.
Joseph Jaap
Joseph Jaap answered on Aug 17, 2020

A minor cannot be emancipated in Ohio. It is normal for there to be friction between teens and their parents. Talk to your parents, other family members, a teacher, or other trusted adult if there are problems. Here is a link to more information about emancipation in Ohio:... Read more »

1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: How can an unwed mother terminate fathers rights who has been absent for 5 years and refuses to pay child support?
Joseph Jaap
Joseph Jaap answered on Aug 14, 2020

Contact Child Support Enforcement Agency about starting action to collect the child support, or file a motion with the court for the father to be held in contempt for non-payment of child support. But there is nothing you can do to make him be involved. Check your local court web site for the name... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: What can be done when a father IS threatening taking a child when rights havent been established and mother has custody

Father filed for custody in 2015 and never appeared to finalization hearing so case was dismissed but is now threatening to appear at mothers house with police presence To take child out of home and mother has full custody.

Joseph Jaap
Joseph Jaap answered on Aug 13, 2020

It is an empty threat. If he cannot provide the police with any custody order, they are not going to do anything. Call your local police ahead of time, explain the situation, and tell them to be alert for him making any false claims to them. If he makes any threats of physical harm or causes an... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Will subpoenaing my 10 year old daughter's upset the magistrate and hurt my chances?

I have court on the 27th and my last resort is to put my daughter's on the stand to tell their side of the story and how they are treated. Even after proving domestic violence in the home the magistrate still would not grant me temporary custody. they should have never been removed from my... Read more »

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

If this is a child custody matter then your daughter cannot testify. Instead, you should seek to have the court conduct an in camera interview with the child. The judge will speak with the child and the GAL alone and ask about how she is treated. Her testimony will not be allowed in open court.

1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: Im turning 16 in a few months , ive been struggling with depression and anxiety and child neglect

is it possible for me to get emancipated or move in with a different family member who is more supportive? If my parents agree to emancipation will i be able to get an apartment?

Joseph Jaap
Joseph Jaap answered on Aug 12, 2020

No, Ohio does not permit emancipation except in very rare instances. Teens often have a difficult relationship with their parents. Talk to a family member, teacher, school counselor, or other trusted adult who can help you. Here is more information about the very limited circumstances for... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Can a 10 year old be subpoenaed to testify in custody case?
Matthew Williams
Matthew Williams answered on Aug 9, 2020

Yes, children can be subpoenaed though it’s quite rare.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My grand daughter is in my care in Ohio. The State of Kentucky has custody of her. I've had my grand daughter in my

care for 4 months and I haven't asked for a penny. But the State of KY is still receiving $ every month and my husband and I are the ones who are providing for her. We will have permanent custody in 2 months which means I would have her for 6 months. Is it illegal for the County to keep... Read more »

Matthew Williams
Matthew Williams answered on Aug 8, 2020

It’s up to the court to rule on motions to continue hearings. The county can only ask. As long as the court keeps granting them, it’s legal. You could start to object and perhaps the court will see fit to put a stop to the delays.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Ohio on
Q: What are my options to get away from home before 18, I'll be 17 soon. Can I possibly get my own place?

I'm 17 in 2 months. Neither of my parents want me at their house but are keeping me out of obligation. My mom recently threatened to send me to boot camp. I don't do everything perfect and I do mess up a lot. But all of my major accomplishments, I did it by myself and I know I would be... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 3, 2020

Your parents have a legal obligation to support you until you are 18. Ohio does not allow emancipation for your situation. Teens and parents often find it difficult to live together. So talk to your parents, a teacher, coach, school counselor, pastor, or other trusted adult who can review your... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: How can I gain custody of my granddaughters aged 15 and 17 from their abusive father.

Their father was only in the picture when it was convenient for him. I helped raise, care for, and provide for them since their birth and was with them pretty much everyday. When their Mother passed on January 6, 2018, they went to live with their dad and he has cut off almost all contact with... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 3, 2020

You may file a petition for custody in your county's juvenile court. You have a lot of the deck stacked against you for this. You have to first prove that the father is an unsuitable parent, a high burden, and then prove that custody for you is in the best interest of the minor children. Most... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I’m a 16 and living in Ohio. My dad is verbally abusive. Can I go to my moms without his consent?

My dad is verbally abusive to me and often time I want to go to my moms house. Am I allowed to go over there without his consent if I do not feel comfortable being with him anymore?

Joseph Jaap
Joseph Jaap answered on Jul 31, 2020

If there is a court order for custody or parenting, then you must follow the court order. Talk to your mother about asking the court to change it. If there is no court order, and your parents are married, then it is up to your parents to decide. If there is no court order, and your parents are... Read more »

1 Answer | Asked in Child Custody, Child Support, Employment Law and Family Law for Ohio on
Q: Is it likely possible my kids father who spends 1/2 a day a week at most with them to get shared time to avoid support?

We have been together off and on over 10 years. I’ve always took care of them and had them with me. He rarely ever spends time with them due to running a buisness and constantly working. No paternity test established other than store bought. He’s not on the birth certificates. I’ve been... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 24, 2020

A court will review all the facts to determine what parenting arrangement is in the best interest of the children. Use the Find a Lawyer tab to retain a local family law attorney to review your situation and advise you.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I need to file a motion with the court to make a change to my shared parenting plan.

I am starting a full-time nursing program August 12th 2020 through July 1st 2021 and I will not be able to get my daughter on my Wednesday evening visit so my mother was going to take my daughter for those few hours. Now my ex husband is saying he will not allow my mother to take her and that she... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 23, 2020

Check your local court web site for the form to file a motion, and whether your court has a legal clinic to assist you, or use the Find a Lawyer tab to retain a local family law attorney.

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