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
Me and my sons father was never married so I was told that under alabama law I had full custody. We never went to court over custody. My son and I moved to Ohio at the beginning of this yeah with the fathers permission. I took my son to visit him for around 2 weeks 3 or 4 times and when I did so I... View More
answered on Jul 26, 2023
Contact the insurance company again. Write them this time and state that at all times the child has resided with you and since January in the state of Ohio. Explain that father has not sought out his parental rights and responsibilities and that you per Ohio Law are the sole custodian. Again do... View More
So I moved to Ohio at the beginning of this year with my sons father's permission(because I moved from Alabama I was told I had to have his permission even though he dosent have any custody) I took my son to see him several times during my stay in ohio. But this last time I am being told by... View More
answered on Jul 25, 2023
This question needs additional information. Is there an existing court order? If so, out of which state? A court that makes a child custody determination has continuing exclusive jurisdiction. So if Alabama issued an order that county still has jurisdiction. You need to review that... View More
I have a daughter who is 18 months old. Her biological father is on the birth certificate but has not done Anything for her in over 6 months. Can I file for abandonment and have him removed from the birth certificate and his rights revoked? He is on child support and has not paid one payment. I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2023
If you are unmarried, he already has no rights. Ohio law does not provide for any custody or visitation for an unmarried father absent a court order. You don't have to do anything.
If you would like to strip him of any parental rights, the only way to do that is through a stepparent... View More
Paternity is established through the courts when my daughter had to go to foster care, but I’m not on the birth certificate. Her mom has had cps involved 5 times and they children had to go to foster care. I would like custody of my daughter but my question is can I keep her if she doesn’t want... View More
answered on Jul 24, 2023
Since you state there are no court orders in effect, you will likely need to file a motion in Mom's Ohio county for allocation fo parental rights and responsibilities. if the child has been with you for 6 months you might file in KY. Otherwise you might also try to file an emergency motion... View More
On June 5th 2023, the plantiff challenged DNA on two children he signed the birth certificate for so he can stall on paying child support. He was given 14 days to initiate the test and I have called and called and it's been well over 14 days and LabCorp hasn't ever heard from him. What... View More
answered on Jul 16, 2023
Please remember that this forum is no substitute for hiring an attorney of your own. If you do not have an attorney I strongly urge that you get one, especially if you're divorce has been going on for 2 years. If you do have an attorney please pay attention to the advice that you receive.... View More
She wants to get a job and be with friends more often
answered on Jul 15, 2023
This can be accomplished easily if the other parent agrees. That simply requires the filing of an agreed entry modifying the plan.
If there is not agreement you will need to file a motion to modify, Look to R.C. 3109.04 for the factors the court must consider in modifying a parenting... View More
We were not married when our child was born. Paternity was established 2yrs after birth, but nothing has been filed with the court regarding father's visitation/custody (we have a regular visitation schedule established, and he pays daycare bill, but none of this is filed with the court). Can... View More
answered on Jul 7, 2023
If there are no court orders, then you can move. But Ohio courts would retain jurisdiction until you establish residency in the new state, which could take several months, depending on that state's laws. Until then, the father could file for parental rights and custody here in Ohio, and the... View More
We were not married when our child was born. Paternity was established 2yrs after birth, but nothing has been filed with the court regarding father's visitation/custody (we have a regular visitation schedule established, and he pays daycare bill, but none of this is filed with the court). Can... View More
answered on Jul 7, 2023
Assuming you are correct that father has not filed for parental rights and responsibilities and there is no court order regarding custody, you are the sole custodian and may go wherever you wish. As a practical matter you will want to advise child support of your new address if he is paying... View More
Lawyer has not responded back to me since April mother and her partner have history of child abuse even both getting kids taken away before. Broke into home we had together lied about stealing my items then later admitting to both lawyers she has it also made false domestic violence claims causing... View More
answered on Jun 19, 2023
I am not sure I see an actual question here. Often a loosing party feels like they would have won if the Court only knew that the other side lied about something. While witness credibility is important, courts consider many non-exclusive factors when determining the best interests of a child.... View More
I filed for custody of my nephew who had both his parents give up custody 3 years ago. The mother doesn’t want me having custody so showed up to the hearing asking for her custody back. The judge set a pre trial and told her to file and get an attorney. I obtained an attorney and paid upfront but... View More
answered on Jun 19, 2023
You may ask but it is highly unlikely the court will award them. Mother may not be a good parent, but she is still exercising a fundamental right. I have only encountered a few cases in my 23 years of practice where a parent was declared a vexatious litigator and made to pay the attorney fees of... View More
Consent in a joint custody agreement
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2023
When it comes to child custody and relocation, it's essential to consult with a legal professional who specializes in family law in the relevant jurisdiction, as laws may vary depending on the specific circumstances and local regulations.
In Canada, if parents have joint custody of a... View More
They are keeping my children from me. My daughter has an appointment today out in Morgantown to see if she has to get surgery the person safety plan told me that she canceled the appointment but is told other people that she does have an appointment tomorrow she will not tell me what's going... View More
answered on May 4, 2023
You need to write CPS and refer to the fact that you retain custody per your Safety Plan. Review the written plan to make sure this is the case. Ask in your writing for all documents concerning your child's medical care. Most importantly, you should seek an attorney to help with... View More
My spouse wants the child, works full time and I did not sign up to be a full-time caretaker after an unwanted pregnancy. If I abandoned the household and moved, possibly to another state, but paid my spouse a significant chunk of money every month to support the child will I go to jail for child... View More
answered on May 4, 2023
If you leave your child in the care of your spouse you will not be criminally charged. Your spouse may seek and likely get an order compelling you to pay child support. Ohio is a no-fault divorce state so the two of you may terminate your marriage for any reason, including incompatibility. Your... View More
Juvenile court judgement to terminate parental rights and grant custody to agency. Appellate files appeal with the district court of appeals. Appeals court agreed with juvenile court. Appellate then files appeal with Supreme court. Has any case ever won at that point, if so I need a case number to... View More
answered on Apr 25, 2023
Something as broad as any case the appellant has won at the Supreme Court is unlikely to help you too much but here are two from a quick search of the Supreme Court's website: In re R.K., 152 Ohio St.3d 316, 2018-Ohio-23 and In re C.F., 113 Ohio St.3d 73, 2007-Ohio-1104. Yes, the Supreme Court... View More
Ex is refusing to allow child to be with his father during his parenting time.
answered on Apr 21, 2023
No. Your ex is obligated to follow the terms of the Shared Parenting Plan provided that Shared Parenting Plan was signed by all parties and adopted as an Order of the Court. If your ex is withholding parenting time to which you are entitled or otherwise violating the Shared Parenting Plan, then... View More
The maternal aunt requested the change. She wants to have visitation in our new agreement. In addition to a motion of change in custody, does the maternal aunt need to file a motion for visitation? Or if our written agreement outlines a visitation schedule is that enough?
answered on Apr 6, 2023
If you an maternal aunt are in agreement, then you can likely draft an Agreed Judgment Entry asking the Court to adopt whatever custody plan that you come up with. So, if you and maternal aunt can negotiate an agreement outside of Court and write it, then you can file that with the Court with an... View More
I'm not able to afford and honestly don't even know where to start to get the process going
answered on Mar 27, 2023
Terminating a marriage is a difficult decision to make, even more so with children. If you file for divorce, you could ask the court for temporary child support, temporary spousal support, and for your spouse to pay your attorney fees while the divorce is in process. Use the Find a Lawyer tab to... View More
My coparent and his wife continuously harrass me over text. They attack me, my character and parenting style. No threats of harm have been made. I do not respond to these messages yet they continue to send them. I don't block their number because my son lives in their household during... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2023
If you don't have an existing custody order, I'd recommend pursuing one and making a condition of the order being that everyone uses a third-party messenger service, like Our Family Wizard, to communicate. The benefit there is that anyone, including the court or GAL, will have instant... View More
My ex moved out in May. He stopped paying on the car i drive months ago and we had an agreement for him to help financially weekly but he stopped back in November and only has our 2 kids overnight 2 times a week. Now he is moving in with his current girlfriend who has 4 kids, 2 seniors 2 freshman,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 16, 2023
If you are married, you should file for divorce and seek a temporary child support and spousal support award as part of your filing. If you are not married, you should go to your county's child support enforcement office to obtain an administrative child support award.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
