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Ohio Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Someone with my child’s school made an MUI report on me. I was not informed and now it’s being used against me in court

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

Todd B. Kotler
Todd B. Kotler
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

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My brother n his wife are still married she lied to get a restraining order on him while he was in jail she took the kid

Across state lines with out him oking it.is this illegal

Todd B. Kotler
Todd B. Kotler
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

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: The mother of my kids drop them off with me and moved out of state what rights do I have
Todd B. Kotler
Todd B. Kotler
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

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Can I file a parenting plan in Ohio without a lawyer, and are there legal aid services available?

I reside in Ohio with my children and want to file a parenting plan for the first time. Due to financial constraints, I cannot afford to hire a lawyer. The other parent is difficult to communicate with but has indicated willingness to cooperate once I've filed a parenting plan. Can I file the... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Ohio, you can file a parenting plan on your own without a lawyer, although it can be helpful to understand the process and the forms required. The court generally allows parents to file parenting plans independently, especially if both parents are in agreement. You will need to complete the... View More

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Can a father petition for temporary custody to remove child from foster care?

I am a father with visitation rights, and my child is currently in foster care due to behavioral issues. The child's mother temporarily lost physical custody due to neglect. We are both concerned about the emotional impact on our child, who has been moved between different foster homes. Can I,... View More

James L. Arrasmith
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answered on Apr 13, 2025

As a father with visitation rights, you may be able to petition the court for temporary custody of your child, especially if you believe that it is in the child’s best interest. Since your child is in foster care due to behavioral issues and the mother has temporarily lost custody due to neglect,... View More

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights, Domestic Violence and Family Law for Ohio on
Q: How to file a complaint against magistrate in custody case with bias, improper service, and additional personal safety concerns?

I need guidance on filing a complaint against the magistrate in my child custody case. The magistrate and I share the same last name, leading to potential bias concerns. I received improper service; the only notice I got was a witness list five days before court. Without legal representation or... View More

James L. Arrasmith
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answered on Apr 8, 2025

First, you’ll want to file a formal complaint with the judicial conduct board or commission in your state. Focus on the potential conflict of interest due to the shared last name, the improper service of notice, and the way the magistrate allowed your ex full control over visitation. Include... View More

2 Answers | Asked in Child Custody, Civil Litigation and Family Law for Ohio on
Q: Can I modify visitation due to mother's unstable housing and safety concerns?

I have had legal custody of my nephew since June 2024, with the mother having court-ordered visitation every other weekend. Recently, her living situation has worsened; she was evicted and has moved multiple times—including staying at a budget motel, where there have been numerous police calls.... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 26, 2025

This is not an either/or situation. You may do both. Of course if CPS makes a finding about mother's situation that raises additional concerns it would bolster your position.

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2 Answers | Asked in Child Custody, Child Support, Civil Litigation and Family Law for Ohio on
Q: Seeking advice on custody rights and response after ex-fiancée filed for sole custody and child support.

I am currently in Ohio, and my ex-fiancée and our 3-year-old son are in Oregon. We had no formal custody arrangements before. Recently, my ex-fiancée, influenced by false claims from a social media contact about my relationship status, blocked me on all platforms and filed for sole custody and... View More

Nicholas P. Weiss
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answered on Mar 25, 2025

If your child has been in Oregon for three years then Oregon has jurisdiction. I recommend you reach out to an Oregon family law attorney for a consultation.

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3 Answers | Asked in Criminal Law, Child Custody, Family Law and Legal Malpractice for Ohio on
Q: Conflict of interest with law firm representing family in Ohio custody cases?

I was assisted by a lawyer at a firm in a criminal case, while a different lawyer from the same firm represented my parents in a custody case for my son. This firm also represents my brother and now represents my daughter, who is trying to take custody of my son. This has all occurred since 2013. I... View More

Nicholas P. Weiss
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answered on Mar 19, 2025

Possibly, but if the family law attorney has been partitioned off from anything in your criminal side, it likely would not constitute a conflict. If you are concerned, you can seek removal of the opposing counsel on the basis of conflict of interest.

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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: What does a 'nunc pro tunc' order mean for my visitation rights in Ohio?

I filed for visitation for my daughter two months ago, after being clean from drugs for two years. I lost custody six years ago due to my drug use. Recently, my daughter's father went to prison for r*** charges, and I believe her grandmother now has custody. I received a court date two weeks... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 6, 2025

a Nun Pro Tunc order is simply a correction filed by the Court clarifying an earlier order. Your question does not state what the order itself actually says so it is impossible to answer further. Good luck.

1 Answer | Asked in Child Support, Tax Law and Child Custody for Ohio on
Q: Can non-custodial parent file child on taxes despite custodial arrangement?

As the custodial parent, can the non-custodial parent file the child on his taxes because he pays child support? My child lives with me for more than half of the year. The non-custodial parent only gets the child for two overnights a month, starting from January 2025. This is the first time this... View More

Alena Miles
Alena Miles
answered on Mar 6, 2025

Generally speaking, and this is not legal advice, for tax, non-custodial parent can only claim the child if you (custodial parent) provide a written declaration releasing your claim.

1 Answer | Asked in Family Law, Child Custody, Child Support and Civil Rights for Ohio on
Q: Leaving father of my kids do I have to let him see the kids or can I keep him away till court comes into it?

I’m leaving my abusive boyfriend and his family and going to my parents. His family is also abusive as well. And would voice recordings be enough proof of them being abusive to keel them away from my kids. Ps I’m leaving today Jan 31 2025

James L. Arrasmith
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answered on Feb 9, 2025

Leaving an abusive situation is never easy, but your safety and your children’s well-being come first. If there is no existing custody order, you are not legally required to allow him to see the kids right now. However, he may have rights as their father, and the court will ultimately decide... View More

1 Answer | Asked in Child Custody for Ohio on
Q: I am a 14 year old child in ohio looking to choose to live with my father in Colorado. Can I choose to live with him?
Nicholas P. Weiss
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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.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: There was a custody trial 9/27/2024 and still no decision from the Magistrate. What can I do to get a decision?
Nicholas P. Weiss
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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.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: How to file for a temporary change of Parental time
Nicholas P. Weiss
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answered on Oct 14, 2024

This would be a motion to modify parenting time. This is a very common motion, and many courts have self-help forms that you can use to file the motion yourself if you go to the court in-person.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I have a court ordered parenting agreement, my children’s father is threatening to keep them from me.

I have called the cops and they said they couldn’t do anything but make a report but I’m not sure what I need to do.

Nicholas P. Weiss
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answered on Oct 8, 2024

Police seldom get involved in withholding matters, even though they should. It is likely that you will need to file a motion with the court to hold him in contempt and modify parenting if he actually violates the parenting time order.

1 Answer | Asked in Child Custody, Criminal Law and Family Law for Ohio on
Q: What to do when a grandparent that has no court order or rights is stalking my child and making them feel unsafe?

She has already shown up at my house at random times demanding to see my kids. Has made false accusations and called the police on me. I have full custody and need some advice. I tried to get a protection order but was told I didn’t have enough evidence at that time.

Nicholas P. Weiss
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answered on Sep 17, 2024

When she shows up call the police as she is trespassing.

1 Answer | Asked in Child Custody, Domestic Violence, Family Law and Juvenile Law for Ohio on
Q: How to formally inform child welfare court that both parents moved states?

Married parents are pro se defendants regarding a child welfare case that moved states because the barrier to obtain secure and maintain stable housing. This was due to the tort harassment events by government agencies, community servicing organizations, and the courts that assign hopeful people to... View More

John Michael Frick
John Michael Frick
answered on May 1, 2024

You should file a Notice of Change of Address with the court giving the court your new physical address, mailing address (if different), telephone number, and email address.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: I am a single unwed mother. Can I ensure no visitation due to lack of contact even though I receive child support?
Nicholas P. Weiss
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answered on Apr 23, 2024

If there is no custody order, and unmarried father in Ohio has no parental rights. That said, it is extremely unlikely that you would be able to prevent the father from getting parenting time if he sought a court order.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Where can I get a probono lawyer? also if my case just ended am I able to now file a new case in a different county ?
Nicholas P. Weiss
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answered on Apr 8, 2024

There is not enough information here to answer your questions. Assuming that this is a custody issue in fairfield, ohio, jurisdiction follows where the children reside, so you would have to file any custody action there. In addition, courts will not allow you to relitigate custody actions unless... View More

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