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Ohio Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Can my guardian give guardian ship to another person in another state for me to attend college underage at the age of 16

I am working on graduating high school early and plan to attend college afterward at the age of 16. The college I want to go to is in California and I live in Ohio with my guardian. How would it work for me to attend college out of state without my guardian being able to move?

Todd B. Kotler
Todd B. Kotler
answered on Nov 1, 2023

You will want to confer with a California family law attorney as well. Have you identified with whom you would reside while attending college there? You will need to also hire an attorney in the county that granted custody to your present guardian. This is a novel question that will require any... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: We have a custody agreement father has physical custody are they allowed to keep me from communication with our son ?

My son's dad and I have a custody agreement where he has physical custody and some things were said. The girlfriend of my son's dad said we're going to get me for defamation of character Because my son said something to me and I didn't tell them that he told me. Now they're... View More

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

Your rights and responsibilities should be spelled out in your parenting plan and/or Order setting out your custody agreement. I doubt it contains an ability of one parent to cut off communications from the child to the other parent. More likely, it contains a right of the child to have frequent... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Hello, My parents have my daughter who is 9 years old and they are not letting me talk to her or see her.

I have full rights. They have no rights to her as far as guardianship goes. I do not live with them as we do not get along or see eye to eye so I live in Vandalia. But now I cannot contact my child and I am very scared.

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 27, 2023

That is actual kidnapping. Have you made a police report? Are there any arguments on your parents’ side regarding the well-being of the child while in your care? You should speak with a custody attorney right away.

1 Answer | Asked in Divorce, Child Custody and Family Law for Ohio on
Q: Can a modified judgement entry for parenting be enforced if it wasn’t signed by either party or the magistrate?

I have an agreed judgement entry that defines my ex’s visitation. We went to court to modify it with a new agreed judgement entry. It was not signed by the magistrate or us because there are issues with it. However I expected it to be edited and gave him his modified weekend with the kids. 2... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 25, 2023

The only entry that can be enforced is one signed by the Judge and filed with the court. Anything that has not been filed is invalid. In some instances a signed copy is filed with the court and unsigned copies are time stamped at the same time as "service" copies which are for... View More

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: Can I take my daughters dad to court in Ohio?

I moved to Ohio in September.. Ohio is my home of record. I recently got out of the military. My daughter was born in Virginia. Her father resides in Virginia. If he takes me to court will I have to go back to Virginia? Can I take him to court in Ohio?

Todd B. Kotler
Todd B. Kotler
answered on Oct 22, 2023

Ohio adopted the Uniform Child Custody Jurisdiction and Enforcement Act many years ago. This means that in order for Ohio to have jurisdiction regarding your daughter, she needs to reside here for at least six months and in one county for at least 90 days. You may file next spring according to... View More

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1 Answer | Asked in Child Custody for Ohio on
Q: can i file against caseworker for disclosing what i told her in confidence to mother of child I cared for.

i got child march 22 2023 , was given care may 1 2023 wanted tempory custody to get assistance.

i did not want paid just needed money to care for him , when i told them you need to help me with that they came took him put in fostor...what can i do mother is granddaughter and is blaming me... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 22, 2023

Most likely not. These facts do not seem to imply that the Caseworker disclosed something about a child to other than the Court, agency counsel, or the agency. That is the only confidence that is owed within a dependency and neglect case.

1 Answer | Asked in Child Custody, Civil Rights, Domestic Violence and Criminal Law for Ohio on
Q: Do I have a case, when my rights was refused to be read to me?

I was rescent arrested do to my soon to be ex husband falsely told police I hit him. When he was the one who attacked me. He new the police on the screen. They didn't read me my rights and said it wasn't necessary. Refused my phone call. Then would let me reach out to my lgbtq advocated... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 19, 2023

In Ohio, as in the rest of the United States, the Miranda warning is a legal safeguard designed to protect an individual's Fifth Amendment rights against self-incrimination. If a law enforcement officer fails to provide a Miranda warning before a custodial interrogation, the primary legal... View More

1 Answer | Asked in Tax Law, Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: In divorce creed dated in 2015, Father was entitled to daughte as tax exemp as long as child spp and medic were current.

Hi, I had a simple question about claiming my daughter on my taxes. I have been her sole guardian since May 2021 when child support stopped. I am also on three of her college loans and make monthly payments on all of them. I provide her with all essentials such as room/board, toiletries, food,... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Oct 18, 2023

If your daughter has her own income by which she's paying taxes, you can claim her on your own tax return but will also need to acknowledge the income she's receiving. It will be imputed as income to your household for the purposes of tax assessment. Simply paying on her loans does not... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I am in need of assistance with a custody issue.

I have my four grandchildren. I had emergency custody but can't get full custody because I can't get any of the parents served, I don't have addresses for them, they either live in drug houses or are homeless. I need legal help desperately

and cannot afford to pay an... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 17, 2023

CHeck with legal aid in your county and with the child protective services agency in your county.

1 Answer | Asked in Child Custody for Ohio on
Q: I am seeking information as to the best way in getting legal counsel in order to regain custody from CPS in Adams County

My kids have been in custody for 6 months. All case plan requirements have been met. I am continuously getting the run around. No one will give me straight answers. In the six months they are now in their second foster home. In the time they have been there, all three kids are now failing all their... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 17, 2023

Typically counsel is appointed to parents in these cases. Have you requested appointed counsel?.

1 Answer | Asked in Child Custody for Ohio on
Q: We recently went to court and have a right of first refusal in the agreement.

Our daughter is nonverbal Autistic and has providers. I want to know if my ex wants her any day for the week on Sunday. He says he doesn't have to tell me until the before or even the day of.

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

The specific language of the parenting plan is what will control. You need to review this with your attorney. This is a general information forum. It is no substitute for the advice and guidance of a lawyer reviewing the orders and agreements in your specific case.

1 Answer | Asked in Child Custody, Estate Planning and Child Support for Ohio on
Q: Can I dismiss an exparte order for custody that I jumped the gun on filing without it looking bad on me
Todd B. Kotler
Todd B. Kotler
answered on Oct 6, 2023

A dismissal and a refile on an ex parte motion will not look good, but proceeding on a factually insufficient or incorrect motion will look worse.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Am I (stepmom) able to legally attend my step son’s doctor/dentist appointments if the father approves but not the mothe

The mother and father have joint custody. There is nothing written into their custody agreement about stepparent rights. Only that mother and father have the right to be at appointments. Can my husband sign a paper saying I’m allowed to attend the appointments? Or is that unnecessary?

I... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 6, 2023

You would definitely not be able to attend without some written permission from at least one parent. Given the circumstances outlined above Mother may still object. Is there a reason Father cannot attend? Generally, stepparents may only attend these kinds of appointments if specific instances.

2 Answers | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: The father of my child doesn’t have contact with her. Do I need to hire an attorney to file abandonment?

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

Kelly A Rochotte
Kelly A Rochotte
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

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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Father has custody moved out of state without permission and cut all contact I have visitation order . What do I do ?

What can he be charged with how do I find a lawyer legal aid ?

T. Augustus Claus
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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

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Can I refuse the mother picking up her son if I know the driver doesn’t have license and insurance?

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

Todd B. Kotler
Todd B. Kotler
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

1 Answer | Asked in Adoption, Child Custody and Family Law for Ohio on
Q: Can a permanent legal guardian adopt without parental consent in Ohio?

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?

Todd B. Kotler
Todd B. Kotler
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

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: would a custodial parent be able to cancel vists if you have a court ordered agreement ?
Todd B. Kotler
Todd B. Kotler
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.

2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: I have legal temporary custody of my nephew. The bio mother refuses to provide me her personal contact information.

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

Todd B. Kotler
Todd B. Kotler
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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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: If I am summond to court for divorce how can I get help with an attorney if I do not have funds and she has one
T. Augustus Claus
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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

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