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Ohio Child Custody Questions & Answers
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

1 Answer | Asked in Child Custody for Ohio on
Q: Is it legal for an ex to use my Facebook password to access my messenger messages

I shared my Facebook password with my son and his mother used it to login to my personal messenger account and read my messages between me and my family and friends and is trying to use them against me to take away my shared parenting is this legal

Nicholas P. Weiss
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answered on Apr 8, 2024

Though she may have "hacked" your account, there is nothing private about private facebook messages. All of those are routinely subpoenaed in custody proceedings and are discoverable information, particularly if they relate to the kids themselves.

You should take some solace...
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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: If I share my Facebook login with my son in a text message does that give my ex wife permission to login to messenger

She logged into my messenger account and read my personal messages and now is trying to use them against me to take away my shared parenting.

The messages are not to and from my son she used my sons old phone to obtain my personal password for my private messenger account and she logged... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 7, 2024

Your messages to and from your son are both discoverable and likely admissible. At the very least, a guardian ad litem would be able to consider them as part of preparing recommendations to the court.

1 Answer | Asked in Divorce and Child Custody for Ohio on
Q: I am getting ready to file for a dissolution. Our truck is a lease in my name only. Who's truck is it?
Todd B. Kotler
Todd B. Kotler
answered on Apr 2, 2024

The truck belongs to the dealership or whichever lender has the actual title to it. It is a monthly expense to whoever is paying on it.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My lawyer said something to me and will not explain, we are independancy. "They are going to give mother"---ship" its-

Like remand. but you guys are married.

Todd B. Kotler
Todd B. Kotler
answered on Mar 31, 2024

This question doesn't really contain enough facts for one to even answer generally. I recommend that you write your attorney and explain that you don't understand. For the attorney to explain it again, but do so in writing so there is something to point to if for some reason you make a... View More

2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: My son has 3 kids, 5 and under. Never married to the Mother. They are now split. He pays her bills but no legal rights

Basically… There is no support order, visitation, or father’s rights set up. She does not work.My son has a good job, works 7 days a week. Came back home(parents) to get his bills back on track. he is behind on many. What direction can He take to get paternity, visitation, support all legal in... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 24, 2024

Depending on the county a paternity action (sometimes called a motion to establish parental rights and responsibilities) costs anywhere between $6-7K. Look for an attorney who practices family law in your grandchildren's county.

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1 Answer | Asked in Child Custody for Ohio on
Q: Hello my question is can a plaintiff write,serve, deliver a subpoena duces tecum in child custody case Sandusky Co court

Grandmother trying for full custody. Subpoena duces tecum to a temp service /previous employer for work history/pay stubs ECT(which I feel is illegal) well the copy of subpoena to company has "if have any questions contact....." Instead of courts information it has grandmother email and... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 21, 2024

Is the plaintiff representing him or her self? Was the Subpoena filed with the court? How was is served? So many unstated facts needed to judge whether it was valid. Have it reviewed by your attorney. If you do not have one, it will serve you well to get one in your county.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Is it legal for a minor who is NOT emancipated to live states away from their legal guardian?

My 19 year old brother is dating a 17 year old girl. Back in August she moved in with us, we have no guardianship over her and aren't even able to check her grades. She shares a room with my brother and her parents live all the way in Georgia (We're in Ohio). We have no rights over her,... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 19, 2024

I am trying to figure out how she managed to be enrolled in your school district. CPS could send her back to GA. Depending on how soon she turns 18 they may figure it is not worth the bother.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: How do I go about filing abandonment charges on a father who knows about the child and has never been there?

He is currently on child support and hasn’t paid. I currently have sole legal custody of the child for him wishing death on him.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2024

There isn't really a charge for abandonment. If he has not paid child support yet, it is likely that CSEA has not yet started garnishing his wages. I recommend contacting CSEA for a status update on garnishment.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: If I have a baby with someone not my husband can they try for custody even if my husband signs the birth certificate?

He’s 32 years older and married. We agreed that he doesn’t want anyone to know but I’m worried he’ll change his mind.

Todd B. Kotler
Todd B. Kotler
answered on Jan 13, 2024

Yes that person can. He will have to file a motion to establish paternity as your husband is the presumptive father.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: An amendum was made to a grant of legal custody of my 9 year old daughter is not being honored.

An amendment was made to a grant of legal custody of my 9 yr old daughter. after a case brought on by their son was dismissed, his parents filed 4 custody. they threatened to disconnect me from my daughter for months, among other things. My attorney at the time wrote up an agreement and she said it... View More

Todd B. Kotler
Todd B. Kotler
answered on Jan 10, 2024

Based on your description, it sounds like you will have to take the case to trial. Hopefully you've retained counsel who will able to assist you in collecting documents that will help you tell your story and line up the witnesses who created these documents so they may be properly admitted.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Should I get an attorney to speak on my behalf for this first time parenting time hearing? I’m confused and concerned.

My child’s father summoned me to court, stating that I’ve denied him parenting time. That’s not true and I can prove it. I’m afraid to go against him in court because he’s been abusive to me and has threatened to kill me just in April.

Todd B. Kotler
Todd B. Kotler
answered on Dec 30, 2023

Wild the first hearing is merely for initial findings, It's important to establish your theory of the case. The best way to do that is with an attorney.

1 Answer | Asked in Child Custody for Ohio on
Q: Can I have my attorney subpoena records showing the bio mother is fraudulently receiving snap using her son.

I’m the aunt and the mother hasn’t had custody in 4 years, I recently found out she had been receiving food stamps using her son, saying he is in her household. I have custody and he lives with me. We are currently going to court because she wants custody back.

Todd B. Kotler
Todd B. Kotler
answered on Dec 28, 2023

In a word, yes. You're attorney can conduct discovery upon any relevant matter, within the scope of civil rule 26.

1 Answer | Asked in Child Custody for Ohio on
Q: Can I still be drug tested when my child custody case will be dropped bc of jurisdiction?

My child custody case is being dropped bc the people that have my kids lied and filed in Ohio even though we live in Kentucky. When I go to court to prove this can the judge order me to take a drug test when the case is dropped?

Todd B. Kotler
Todd B. Kotler
answered on Dec 9, 2023

Assuming you are successfull, and a case is dismissed, that Judge may not order a drug test. HOWEVER, a judge with competent jurisdiction CAN order a drug test when a new case is filed somewhere else. It sounds like you really should hire an attorney.

2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Joint custody Ex filed custody case after I filed contempt for his years of unpaid childsupport. Can his case trump mine

He hasn't been served due to false address and no job on file for years. $30K behind

Kelly A Rochotte
Kelly A Rochotte
answered on Nov 11, 2023

If he filed a pleading and you've responded, the court will set it for a hearing. At that preliminary hearing, and if he shows up, you should make it known to the judge on the record that you believe the address he used to file is not correct, and order him to produce his correct address right... View More

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