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I am the stepmother who has temporary custody and the children. The mother has messed a year and a half of visits with one child, and eight months of visits with the other, trying to figure out if that’s considered abandonment.
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answered on Jan 30, 2024
In Ohio, the situation you describe may potentially be considered as a form of abandonment, particularly given the significant amount of time the biological mother has missed court-ordered supervised visits. Abandonment in child custody cases often refers to a parent's failure to maintain... View More 
Mother's moving with me, grandmother on father's side has grandparents rights too ,does she lose her rights ,child 8
answered on Jan 24, 2024
I would frame the question like this; should a child lose their right to have a meaningful relationship with the grandparents simply because their guardian is moving? You will need to have an attorney review the full order granting you custody. Often, when another grandparent has been formally... View More
no school, if there is school then pick up time shall be after school*. The child in question is 4 years old. This school is also a daycare which is what the child attends at the time. Father is stating that means that since he is not in school, it is daycare, that pick up is 4pm everyday. I read... View More
answered on Jan 22, 2024
I would not interpret "daycare" as "school." Daycares typically provide child care services so that a parent can drop a child off somewhere relatively safe while the parent goes to work. Schools typically provide an educational curriculum in accordance with specific legal... View More
In the state of Ohio
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answered on Jan 18, 2024
In shared parenting situations, the rules regarding a child's possessions, like a phone, often depend on the specific custody agreement and parenting plan. It's important to review your custody agreement to understand if there are any guidelines or rules about personal items and... View More
My boyfriends home parents are split up but neither home situation is healthy and/or safe for him. It is deteriorating his mental health and he needs to move out as soon as possible for his own well being. emancipation is not available in Ohio. However hes working on getting a job and already has... View More
answered on Jan 15, 2024
The only way he can legally move out of his parents house karma is with the involvement of the court. If his home life is truly presenting a substantial danger to him, a child protective agency needs to be involved. The only way a non-relative could succeed in transferring custody is if they have... View More
I have shared legal custody with my child’s mother. She lives in Ohio and I live in Pennsylvania. She is the custodial parent for school purposes as that is what we agreed upon initially during our original custody case when she was 5. My daughter is now 12 and wishes to move out here to... View More
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answered on Jan 11, 2024
This is a very fact specific question. It is possible, given your daughter's age, that a court would lend more weight to her wishes. However, she's been established in Ohio for seven years. A court is going to be hesitant to upend her like that especially if she is doing well academically in Ohio.
Husband is in active addiction, I don't want a divorce because I'm hoping he'll get clean at some point but I will need to get custody of my daughter so he can't have her while in active addiction
answered on Jan 8, 2024
In the situation you've described, you will need to file a complaint for legal separation. It is similar to a divorce with the key exception that it will not terminate the marriage. However, once this is filed your husband may file a motion to convert the action into a divorce. Nevertheless,... View More
My girlfriend has invited me into the home. Her mother doesn't want me there. She threatens to call the cops and get me removed. The roles were reversed a while ago and my mom wanted my girlfriend to leave the house but the dispatcher told her there was nothing they could do about it because... View More
answered on Jan 4, 2024
As a practical matter, this will be at the discretion of police arriving at the scene. Generally, no 17 year old as a minor can grant an invitation over the will of the adult who owns the premises. I do not believe the prior police officer's statement was a correct statement of law. One thing... View More
I spoke to a school official about my friend's safety at home. They made a report with CPS and CPS did a wellfare check. Somehow my friend's parents found out I instigated the report. Was my counselor or CPS allowed to share my name?
answered on Jan 3, 2024
If you ask for your name to be kept anonymous, it ought to have been. It doesn't seem clear from your question, however, how the parents you mention the actually stand out your name. They may have guessed it from the context. When you determine how you're information what's... View More
Hello,
I have sole custody of my teen.
The father was diagnosed with a serious mental illness over a decade ago.
This year the father's family had to take guardianship of him, and he was declared incompetent due to the course of his illness. Out of an abundance of... View More
answered on Jan 1, 2024
I agree with my colleague. When confronting a parent with mental health issues, one needs to gather all the relevant medical and therapeutic information. You should also keep in mind that Ohio law was recently amended to specifically direct courts that having any kind of disability cannot be the... View More
Hello,
I have sole custody of my teen.
The father was diagnosed with a serious mental illness over a decade ago.
This year the father's family had to take guardianship of him, and he was declared incompetent due to the course of his illness. Out of an abundance of... View More
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answered on Dec 31, 2023
In Ohio, petitioning the court to terminate a parent's rights is a serious matter and typically reserved for extreme situations. Given the father's mental illness and recent declaration of incompetence, you have valid concerns about your child's safety.
You can petition the... View More
And I was told I need to file more wondering what else I need to do
answered on Dec 15, 2023
Generally speaking, objections will be considered by the judge in that court. Your objections should lay out why you believe the magistrate's decision was incorrect. The judge will then review those objections to see if the magistrate's decision should be reversed or modified. In some... View More
I pay child support to him, how do I change that to my mother since she has my duagther now?. He does not help nor has he reached out since my child moved to my mother's house in Sept.
answered on Dec 11, 2023
This really should be handled by an attorney. This case could turn on many facts not stated in the question. Why did Father have custody? Why is the chlid with maternal grandmother? It is likely your mother will need to file a Motion to intervene as a party and then file a motion to... View More
A family member has been required to pay child support to his ex-wife who has basically cut all ties to her 3 kids. The children live with the father and he provides all needs for them. The mother refuses to support the children at all and instead uses the child support money paid to her on her... View More
answered on Nov 29, 2023
If he's paying child support then most likely it is Order or Judgment of the court----please contact a few family law attorneys in your area, set up a consultation and take a copy of Order and Judgment and discuss the pro and cons of going back to Court to change it where the father has... View More
If a child is with the dad from christmas til new years and the mom asks if she can take him on a cruise during that time and he says yes can he later change his mind and keep the child for Christmas and the time he has in the custody papers or since the agreement has been writen down in text does... View More
answered on Nov 28, 2023
Technically, it is the court Order that controls where the child where children should be if the parties cannot agree. That being said, having had a written agreement to a one time alteration does complicate the situation. The facts you describe will not likely give you the ability to successfully... View More
The report was made a month ago. I have an ongoing custody battle with my ex. I was never questioned or investigated. The allegations were unfounded. However, the board of DD still shared the report with the guardian ad litem and it will be mentioned in court and detrimental to my case. I did not... View More
answered on Nov 25, 2023
This question is missing some critical details neccessary to answer it fully. Has discovery been conducted? Was it conducted by an attorney for this person? If the questioner has hired counsel this is a question for that attorney. Also it is crucial to know whether or not this is a dependency... View More
Across state lines with out him oking it.is this illegal
answered on Nov 24, 2023
Obviously, it's an abuse of process to swear out of false affidavit. Unfortunately, It is nearly impossible to get law enforcement to charge someone when it is connected to alleged domestic violence. Also, unfortunately for your brother, unless there are temporary orders in place regarding... View More
answered on Nov 23, 2023
Your rights are going to depend on your marital status with the mother. If you and mother were married, your rights are identical to hers. If you and mother are not married however. You ought to file a motion to establish your custody over the children. You may do this either petitioning the court... View More
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answered on Nov 8, 2024
If your father is seeking residential parenting of you the court can take your wishes into account. At 14, they will give your wishes significant weight. The court does not have to listen to you though.
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answered on Oct 16, 2024
That's not an unusual amount of time for a custody trial decision. Once it gets closer to a month you can call the court and ask for an update.
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