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Ohio Child Custody Questions & Answers
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.

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 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.

1 Answer | Asked in Child Custody for Ohio on
Q: Can I put airtags on my kid's befor sending them over to there mothers

I am father and I'm legal guardian Of my children mother just gets visits she is court ordered to do them at her mother's house she has only been using her mother's house as a drop off and pick up location. So I stopped her visits and Filed export On her. The judge told me I cannot... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2023

Placing tracking devices, such as Apple AirTags, on a person without their consent can potentially raise privacy and legal concerns, especially when it comes to minors.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Can I take my son out of state when I'm not married to the father and we don't have a court order?

I have a child with my boyfriend. He is on the birth certificate. We live in Ohio, but our son was born in Louisiana. I want to take my son out of state to visit family for 10 days, but my boyfriend will object. Do I need his permission?

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

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

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Child Support for Ohio on
Q: Can I file an appeal from someone in falsifying court documents and getting custody of my kids? And terminating my right

My aunt is a CPS supervisor here in Franklin County, and she offered to help me with my children until my youngest child was raised in at about 10 months. I was talking to her about getting my kids back and she was telling me that I was doing good and there’s not in the other and then oddly I get... View More

Todd B. Kotler
Todd B. Kotler
answered on Jun 24, 2023

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.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: It's been over 30 days waiting for my retainer fee and still nothing. What should I do it's 2300

My case was for child custody and my daughter decided to live with her. Mom so I canceled services before I ever seen this lawyer after I gave him the money now they don't want to give it back. It's been well over a month and it was $2300. They keep saying they're going to return it... View More

Todd B. Kotler
Todd B. Kotler
answered on Jun 21, 2023

WRITE the attorney ask for the refund and an itemized accounting of all activity done on your behalf. Also ask for any and all work product created for you. Give the attorney two weeks and if you do not hear back contact the local bar association and initiate a fee dispute with them.

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