My daughters father has seen her 2 hours in the last 18 months and very minimal phone contact. Nothing from him since may of this year. Do I have to hire an attorney to file abandonment? I’ve recently found he’s on drugs so I’d like him out of her life
answered on Oct 2, 2023
I agree with my colleague but please also understand that the term "Abandonment" only has a meaning insofar as establishing whether a court has jurisdiction over a child. It does not impact whether a parent continues to have rights and responsibilities regarding a child. Generally, that... View More 
My daughters father has seen her 2 hours in the last 18 months and very minimal phone contact. Nothing from him since may of this year. Do I have to hire an attorney to file abandonment? I’ve recently found he’s on drugs so I’d like him out of her life
answered on Oct 1, 2023
First, this is a very difficult situation to be in as a mother, and I want to commend you for asking a legal forum before taking action. Second, "abandonment" in Ohio is governed by Ohio Revised Code 3127, which says that a parent who fails to maintain contact with the child for 90 days... View More
What can he be charged with how do I find a lawyer legal aid ?
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answered on Sep 29, 2023
You may be able to file for contempt of court for violating the visitation order. Additionally, moving out of state without permission could be grounds for a custody modification. You can find a lawyer through local bar associations, and there are also legal aid organizations that may be able to... View More
I just found out the grandparents who drive the mother during child exchange have recent history of losing their license. There currently is an active bench warrant for the grandfather for failure to appear for a court case dealing with driving under suspension and uninsured. Can I refuse to allow... View More
answered on Sep 23, 2023
You may refuse. This may not stop Mother from filing a complaint. You will simply have a defense should the matter go to court. It is vital that you not refuse outright but simply as to this mode of transportation. Should you wish to amend your parenting plan you would need to file a motion to... View More
Legal guardian to two girls (15yo and 13yo) for the past three years. They came from abuse and neglect. Bio mom is now one year sober. 15yo wants to reconnect with bio mom. 13yo wants nothing to do with bio mom and still wants us to adopt her. Can we adopt 13yo without parental consent?
answered on Sep 23, 2023
Maybe, was this guardian appointed by the court as part of a permanent custody determination in the DN case? If so then yes. If not then the prospective adoptive parents may need to make additional showings. Whether parental consent is required can also depend on the specific facts and details... View More
answered on Sep 20, 2023
A parent doing this in the above described situation does so at their own peril. The parent who is being prevented from exercising would have the facts where they could file a motion to have custodial parent Show Cause why they should not be held in contempt for obstructing the parenting time.
The bio mother gives me her mothers (the grandmother) phone number stating this is her contact. I know 100% that she has her own phone number and the grandmother is just controlling the situation. Can I block the grandmothers phone and tell the bio mother that if she wants communication with me... View More
answered on Sep 10, 2023
Your question is whether you can block her number, you should not do this. First, I see your point here, and mother is definitely breaching your order by failing to provide you her phone number. However, if you then block the grandmother's number, the court will see this as a somewhat-petty... View More
The bio mother gives me her mothers (the grandmother) phone number stating this is her contact. I know 100% that she has her own phone number and the grandmother is just controlling the situation. Can I block the grandmothers phone and tell the bio mother that if she wants communication with me... View More
answered on Sep 10, 2023
Your question for all ita detail does not state what the temporary order says. Follow the order and write grandmother to ask for mother's information. If that is hoe she wished to be contacted so be it. The important part for you is to demonstrate that you are communicating.... View More
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answered on Aug 28, 2023
If you are facing a divorce and cannot afford an attorney, there are resources available to help you navigate the legal process. Many states have legal aid organizations that offer free or low-cost assistance to individuals who meet certain income criteria. These organizations can provide guidance... View More
answered on Aug 23, 2023
The terms of the final judgment entry would govern. If she's currently living with your parents, and you become the residential custodian/legal guardian, then they would need to return her to your care.
My ex is active duty Army, and stationed in GA. Although we have a shared parenting plan, I have our children 90% of the time. Between school, sports, and extracurriculars working part time is hard enough. I worked part time for the entirety of our marriage (10 years), so that I could still parent... View More
answered on Aug 23, 2023
It is certainly possible for a court to impute income. It is at the court's discretion. You make compelling arguments as to the limits on your availability. There are many factors that can be considered by the Court.
In Ohio, child support is determined following state guidelines... View More
answered on Aug 14, 2023
No. It is not. CPS may ask for a drug test. A parent may refuse, but CPS is free to conclude that this means the parent will test positive and treat the refusal as an equivalent to that result. This is not placing a parent in jeopardy of arrest so the warrant requirement / probable cause... View More
I am wanting to get custody of my son back because I signed the custody paperwork with the understanding that the custody would be temporary custody and I was tricked into giving my mom full permanent custody. She told me that Franklin county, Ohio does not do temporary custody so I was told I... View More
answered on Aug 12, 2023
You will need to hire an attorney who practices family law in Franklin County. You will need to file a motion to modify custody. It will be crucial that you show that there is a change in circumstance regarding either child or the current guardian. Once you cross that threshold the analysis will... View More
I have a loved one that was wrongfully convicted and his ex has his children not wanting to talk with him and I as a best friend no law experience but trying to get this overturned and him reunited with his children.
answered on Aug 11, 2023
Parent alienation Syndrome and Malicious Parent Syndrome are not recognized by the American Psychiatric Association as actual "Syndrome". A Divorce or Custody case in Ohio based solely on the issues of alienation and malicious parent fails to take into the consideration the best interest... View More
I am father and I'm legal guardian Of my children mother just gets visits she is court ordered to do them at her mother's house she has only been using her mother's house as a drop off and pick up location. So I stopped her visits and Filed export On her. The judge told me I cannot... View More
answered on Aug 9, 2023
You likely can put them on but they may have limited evidentiary value. There is not any current caselaw on the use of airtags but you could certainly use them for all other times the children are in your care so perhaps if it attached to something that always goes with the child that could... View More
the paternal grandmother of my daughter is keeping her away from me. She was granfull custody when I was in prison without me signing any papers or going in front of a judge , she was supposed to only get temporary guardianship
answered on Aug 9, 2023
I suggest you research your county's clerk of court's website and first figure out whether your matter will be in Domestic Relations or Juvenile Court. In most Ohio counties unmarried parents resolve custody disputes in Juvenile Court. Then file a motion to modify parental rights and... View More
My husband and I are going to be starting the adoption process, we have had our appointment for a few weeks now. However, bio father just filed a petition to the courts for shared parenting/paternity. Paternity was never established. Bio father has not supported our child for 1 year and 1 month... View More
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answered on Aug 8, 2023
You will in all likelihood prevail on your stepparent adoption. In Ohio, when a biological parent has failed, without reasonable justification, to provide support for over a year to a minor child, his consent is not necessary to proceed with the stepparent adoption.
There will be two... View More
Soon-to-be stepson's (he is almost seven) biological mother has had no contact with him since January 2021. We have had full custody since December 2020 (she didn't show up to his custody hearing) after she was arrested for felony drug charges in December 2019. We are getting married soon... View More
answered on Aug 2, 2023
It sounds like you are wanting to do a stepparent adoption.
The Petition for Adoption must be served upon the step-child's "other" natural parent. Typically, both natural parents must sign a written form consenting to the adoption. If the "other" natural parent... View More
My son is 4, his dad & I are not & never have been married. I had an accident in October so he’s had him but every time we make a date for me to get him back he doesn’t answer or tells me to come with the police because he is not giving him to me. What can I do ?
answered on Aug 1, 2023
Call the police yourself and go pick up your son. If no court has granted parental rights to the father, then he has no legal right to keep him. But he could go to court and seek parental rights. Use the Find a Lawyer tab and retain a local family law attorney to assist you.
I had our daughter in 2018 and me and him was not married we got married in 2021 she was diagnosed with Autism in 2020 and she's always with me he doesn't take care of her or anything even tho we live in the same home, he tells me to take her and move where I came from and he says a lot... View More
answered on Jul 29, 2023
The simple answer is if there is no Order in place, either of you could move. However, be aware that you could not file for divorce or a custody in that other state until you have resided there for at least 6 months and at least 90 days within the same county, due to the Uniform Child Custody... View More
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