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Ohio Child Custody Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: I’m filing to switch custody of my nephew from maternal aunt to myself, paternal aunt.

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?

Bridget Sciscento
Bridget Sciscento
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

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: I am wanting to legally sepe/divorce from my husband and we have minor children I would like support ordered for him to

I'm not able to afford and honestly don't even know where to start to get the process going

Joseph Jaap
Joseph Jaap
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

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Ohio on
Q: I am being harassed over text. Should I take action?

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

Nicholas P. Weiss
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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

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: What are my rights as far as child support? I wanted a civil dissolution but now ex hasn't helped in 4 months.

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

Nicholas P. Weiss
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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.

1 Answer | Asked in Criminal Law and Child Custody for Ohio on
Q: Custody battle turned nasty. Can I get help for this situation?

In a custody battle. I’m close to getting my kids due to their mother being abusive. Yesterday my ex’s mother posted a video to Facebook playing a song about murdering the man who hurts her daughter. I was then sent a video of her mother saying if I got custody that basically she knows a guy... View More

Patrick DiChiro
Patrick DiChiro
answered on Jan 12, 2023

It seems threatening. But that it to be determined by police or prosecutor. Due to the serious nature of this communication, I would report it to the police. Even if they decide not to pursue it, you will have something on file. Plus, I would print/document/copy the threats. You may be able to... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: my parents are getting dicorced soon and idk how to convince the court in unsafe at my moms and abused with no pictures

the divorce might be this summer but idk, im scared my dad wont get custody and my mom will hurt me for trying to live with him, i never get a chance. to record her or anything and she isnt psychically abusive, but i have been sent to mental wards twice because of the stree, im only 13 and i want... View More

Nicholas P. Weiss
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answered on Jan 5, 2023

Your father needs to seek a guardian ad litem to represent you in the divorce. Talk to the guardian once they are appointed and tell them this information. It is very likely that the guardian will recommend custody to your father if they hear you say that, even without proof.

If you are...
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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: representing myself for a third party custody trial how can i find out if 1 of the parents has recently been in rehab?

How to I obtain this information

Nicholas P. Weiss
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answered on Dec 12, 2022

You would send discovery responses to the parent asking them to assert that. You could also send subpoenas to their health care providers.

Getting health information of a party is extremely tricky. I do not recommend that you try this without counsel.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I am graduating high school and entering college at 16. How can I emancipate myself?

Our family resides in Ohio. I plan to go to college in Pennsylvania. I do not believe my parents will give consent for emancipation. I am currently working on opening a bank account and securing a part-time job, and I eventually would like to obtain a debit card. I'm not sure if this would... View More

Joseph Jaap
Joseph Jaap
answered on Dec 1, 2022

Parents are legally responsible and make the decisions until a child turns 18. Ohio does not allow a minor to seek emancipation. Emancipation cannot be accomplished by an act of the child alone. Emancipation is generally through the act of the child's parents regarding terminating child... View More

1 Answer | Asked in Child Custody for Ohio on
Q: Mother of my child hasn’t picked up my child yet it’s late at night no court paperwork child lives with mom full time
Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

If you are not married to the mother, and there is no court paperwork, then the mother has full custody. If the child is staying with you without any court-approved agreement, then that is a risk for you. Use the Find a Lawyer tab to retain a local family law attorney to work out a custody... View More

1 Answer | Asked in Child Custody for Ohio on
Q: Is it legal to leave home at age 16 in ohio without being emancipated?
Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

A parent or guardian has responsibility until a child reaches 18. Ohio does not allow a minor to seek emancipation, so talk to a teacher, school counselor, or other trusted adult about your situation. Emancipation cannot be accomplished by an act of the child alone. Emancipation is generally... View More

1 Answer | Asked in Appeals / Appellate Law, Family Law and Child Custody for Ohio on
Q: what can be dismissed in the appeals 11th.district ohio permanent custody from my case

from the date of filing of permanent custody to evidentiary hearing was 314 days. Magistrate was wrong on more than four reasons she used to determine her decision for permanent custody to agency. The judge would take over a year and status hearing to address case and grant CPS permanent custody.... View More

Matthew Williams
Matthew Williams
answered on Nov 11, 2022

The court of appeals could reverse the lower court. In order for that to happen you need to promptly file a notice of appeal and then a brief. It would be a good idea for you to hire an attorney to help you with this.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: Question about my first court date after objection of child support order.

Will I need a lawyer for this court date, for the tax exemption, and my Fathers rights? And will a shared parenting plan be a separate court hearing after this one?

Nicholas P. Weiss
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answered on Nov 9, 2022

Custody and child support are held in separate proceedings. If you are still at the administrative level, which I suspect you are if you filed objections, then CSEA has very little wiggle room on child support calculations. Typically you would seek to have the order adopted by the Juvenile court... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Is my daughter’s mother allowed to withhold my visitation for COVID scares and positive tests even though I was exposed?

My 4 year old was exposed (supposedly) on Friday, but had surgery on her arm on Saturday, with no precautions taken by the hospital. I spent all day with her and her mother in the hospital on Saturday. Now, the mother states my daughter has tested positive and refused to appear at our exchange... View More

Nicholas P. Weiss
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answered on Oct 26, 2022

No. The covid emergency orders explicitly stated that you could NOT do this. If she is doing this in violation of a parenting order then you can file a motion to show cause.

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: Can I win against an adoption petition?

I pay my ordered child support, but haven't seen my kids in almost 9 years. Their mother prevented contact. I know I should have filed for visitation long ago. My kids want nothing to do with me. What should I do?

Nicholas P. Weiss
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answered on Jul 3, 2024

You are in a very tough position. A biological parent's consent is not needed for a step-parent adoption if they have had less than de minimus contact with the minor children for more than one year without reasonable excuse. A court will have a hard time concluding that your failure to file... View More

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.

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