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Ohio Child Custody Questions & Answers
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.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: My husband left me. I want the kids to live with me. What do I do?

Together seven years. Married two. I've been an at-home-parent most of that time. I am looking for work, but currently unemployed.

Joseph Jaap
Joseph Jaap answered on Jun 9, 2021

You can file for divorce and ask for child support and spousal support. Use the Find a Lawyer tab to retain a local family law attorney.

1 Answer | Asked in Child Custody, Child Support and Divorce for Ohio on
Q: Can I get a divorce attorney that is court appointed
Joseph Jaap
Joseph Jaap answered on May 24, 2021

Courts do not appoint attorneys for divorce cases -- that's only for criminal cases. The spouses get their own attorneys and pay for them. It is not required to have an attorney for a divorce, but it is recommended. Use the Find a Lawyer tab to contact some local attorneys and select one to... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: my step daughter is 17 years old. will be 18 in 6 months. Her mother kicked her out, took her house key,

her car keys, her phone and put her, clothes in trash bags on the porch and said good luck. She has been living with her father and i for a month. Now is telling her she has to come home. my step daughter does not want to go back. there was never any "custody" papers ever done and yes her... Read more »

Joseph Jaap
Joseph Jaap answered on May 21, 2021

Name on birth certificate does not matter. If the father and mother were never married, and no court ever granted parental rights to father, and did not issue a custody order, then the mother has legal custody. Mother could call the police to get daughter back, but mother could get in trouble for... Read more »

1 Answer | Asked in Child Custody and Juvenile Law for Ohio on
Q: I will be 18 in less than two months. I will be having my daughter in July . Can my parents take my baby if I move?

I was thinking about moving with my boyfriend who lives with his grandmother previously. I will be getting a job as soon as possible. And plan to move on my own once I have enough money.

Joseph Jaap
Joseph Jaap answered on May 21, 2021

You should work out a budget of all your income and expenses. It is difficult for mothers of newborns to work without full-time support for the baby, and day care is expensive. So it is unlikely you will have enough money for all the expenses without government or family assistance. Have you... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: if I leave my mom & goto my grandma & tell mom I don't want to live with her can she call the cops for "kidnapping"
Matthew Williams
Matthew Williams answered on May 11, 2021

She can call the cops sure. But that's not kidnapping. However, you risk being adjudicated unruly or delinquent, and if your grandmother helps you, she could be charged with an offense called interference with custody. In other words, your mother has a legal right to custody and if you just up... Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for Ohio on
Q: I live with my Aunt and Uncle, but my Aunt has full custody over me. She is very toxic and mainly Verbally Abusive

But i cant prove she is abusive. Ever since she got custody of me at i think the age of 3, there has never been any love and its always been basically hell. When i was younger i was constantly grounded and had to stand up with my nose pressed against a fridge for days or months on end. Because of... Read more »

Joseph Jaap
Joseph Jaap answered on May 10, 2021

Never trust people you meet on-line - even though they seem nice. Those kinds of things end up as tragedies on the news -- or else somebody disappears and is never heard from again. Talk to a teacher, school counselor, or other trusted adult about the situation at home and the people you met on... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My son's mother passed away March 12th 2021, I paid $420 for emergency custody .I was scheduled a zoom meeting on the

And my fiance at fibroids surgery the surgery took longer than expected so I missed that zoom meeting.I rescheduled another meeting I had some phone issues that were my fault.I received an email saying that the case has been dismissed without prejudice because of rule 53 and I believe rule 27 where... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Apr 20, 2021

You can refill but I would advise consulting with an attorney to assure you are doing it correctly.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Do I need a lawyer from Ohio to represent me?

In the recent years my children have lived with their father as he has sole custody of them due to circumstances in my past. However, 3 years have passed and I am capable to take care of my children however their father seems unwilling to let me get custody. I am prepared to go to court but I... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Apr 20, 2021

Normally, you would file in the state where the divorce occurred. If that was Wisconsin, the father may get it moved to Ohio because that is where the children are and where any custody investigation should occur. If it was a state neither of you live in now, you file in Ohio where the children are.

1 Answer | Asked in Child Custody for Ohio on
Q: My child’s father is not on her birth certificate. I want to know if I can move states with her without his consent.

He doesn’t have a stable relationship with her, coming for a day or two and then leaving for a week or so. She calls for him constantly and whenever I try to speak to him about it, it turns into a huge argument. I want to move states and start fresh for my daughter and I. I just want to know if I... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 20, 2021

Name on birth certificate or not, does not matter. If you are not married to the father, then he has no parental rights until he files with the court, and the court grants him parental rights. So until then, mother has sole custody, and can move wherever and whenever she wants, without... Read more »

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: A man is helping his female friend get pregnant but doesn’t want to pay support (she agrees) what should be done prior

The “donor” doesn’t want to move forward until he gets something in writing saying she will never sue for support, what’s the best way to go about this?

Cathy Cook Esq
Cathy Cook Esq answered on Apr 14, 2021

You need to engage a local family law attorney to draft a contract to cover all aspects of this agreement.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: How can we know if a guardian ad liedum is doing a fair job or just collecting her fees?

My son is in a custody battle. The guardian ad liedeum seems to be believing everything the mother tells her. Even making my son get his house inspected for structural soundness because the mother said it not structural sound. Can his lawyer make much difference in his custody battle or is it all... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Apr 14, 2021

Your son should meet with his attorney to discuss his concerns and what can be done. If he is not satisfied with those answers, he should seek another opinion.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: I fled my abusive partner with our daughter to pa. He hasnt seen her in +1 year. Can he file for custody? He cant in PA
Cathy Cook Esq
Cathy Cook Esq answered on Apr 12, 2021

If the child was conceived in Ohio, he could file here. You might be able to move the case to PA because that is where the child lives.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: I’m 19,dad doesn’t support me at all except for the house. He wants to kick me out but I’m in college at home. Can he?

Please help... I just want to be able to live independently without him. I pay for food, drinking water, my phone,car,insurance, and college. Can he kick me out or are there any options I can use to benefit me. I’m struggling in this toxic household. I work so hard....

Joseph Jaap
Joseph Jaap answered on Apr 7, 2021

Yes, he can get you out. Parents do not have a duty of support when you reach age 18. If you do not have a written lease agreement, then the home's owner can give you written notice to vacate, and if you don't leave, can file an eviction. There currently is a CDC moratorium on... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Can a mother refuse to let the father see his kids without her present?

The father pays child support but the court did not set a visitation schedule due to the mother not showing up for court. She will let him see the kids but only when she wants and she has to be there the whole time. He can't even take the kids out to the park or do anything with them. She only... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 2, 2021

If the mother and father are not married, and a court has not granted father parental rights or visitation, then the mother has sole legal custody and can prohibit contact with the father. Payment of child support is a separate issue. Use the Find a Lawyer tab to retain a local family law... Read more »

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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: i have guardianship / child support order, my child lives with me, dad wont return him ,dads environment is very toxic .

My child turned 15 , his father is an alcoholic , has lots of guns not locked up and discusses using those guns with my son, sent me photos by text with guns strapped on our son, my child doesn't realize his father actions aren't good, he allows him the freedom of making his own decisions... Read more »

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

I’m not following your legal situation. Parents don’t have guardianship. They have custody or shared parenting. If father has court ordered parenting time, he has to return your child at the end of his time. If he doesn’t, you can ask the police for help. If father refuses to return him, you... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: Should I talk to the Guardian ad litem about this issue?

My daughter confided in my that her other parent told her I’m the reason she can’t partake in cheer. The other parent said I wasn’t allowing her to participate in other activities last year before the pandemic and was unlikely to allow this in the future. I reassured my daughter that I want... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 25, 2021

Yes, you should inform the GAL.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Holiday weekends for nonresidential parents.

If a holiday falls on a weekend that a nonresidential parent is supposed to pick up their kids on, can they opt out of the weekend and pick the kids up for just the holiday hours even if the holiday falls in the middle of the weekend? Or would the weekend take presidence over pick up time. The... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 23, 2021

Which takes precedence depends on what the parenting agreement says about holiday time and any standard parenting orders of the court. Typically, holidays would take precedence. Review the parenting agreement, but sometimes the answer is not clear. The court encourages parents to cooperate and... Read more »

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