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.

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.

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

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

It sounds as if this person has an attorney. If so she should follow that professional's advice. That being said, I believe that the birth certificate could be voidable rather than void. I think you will need to show that it is more likely than not that the birth certificate was issued... View More

Typically a benefit is only calculated into support if the child is receiving it as a derivative benefit associated with the obligor.

I do not understand why you would not absent a court Order restraining your contact.

The quick answer is "yes" and a court with jurisdiction over the children's custody can issue further Orders modifying visitation which may supersede a protection order. This is a very nuanced area requiring the advice of an attorney who regularly practices in that court.

Having additional distance between you and mother will not help you establish shared parenting. If you do not already live in Ohio, then the residence for the child for the past six months is the presumptive jurisdiction.

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

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

You should be extremely weary of any agreement concerning the custody of your child. Do not agree to anything you do not understand. There are agreements whereby the natural parent keeps a lot of rights and opportunities to change things down the road and there are agreements that really limit your... View More

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

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

It is up to the Court. Paternity has been established. If Mom wants to change your child's last name, then you are entitled to notice of the proceedings, and you can present your case as to why it would not be best for the child's last name to be changed.

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

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

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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

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answered on Mar 27, 2023

With mom being primary caretaker and paying for most things, a likely starting point for any parenting plan will be the standard parenting time guidelines of whatever court the divorce is pending. Would need a lot more information on the emotional abuse part for anything further.