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.

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

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

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

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

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

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

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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

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

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.

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

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

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

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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

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

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

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

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

You do not need his permission, unless he has filed for and received an order allocating parental writes and responsibilities to him as well.

Sadly. It sounds like the critical decisions were made 4 years ago. That is well outside the 30 day time-line for appeal. As mother you can always file for a change of legal custody of you can show a change of circumstances of either the child or the child's caregiver.