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Ohio Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Can 2 females be on a birth certificate in Ohio?

I am fighting a nasty custody battle with my ex girlfriend. I carried the child and we used a member of my exes family as donor. The child has a "parent 1" and "parent 2" birth certificate, and my ex and I were not married. The ex only signed the birth certificate, and never did... View More

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

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

1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: I had custody of my children. The mother owed back child support. She ended up dying.

I never received the back child support she owed. I did receive survivor benefits on behalf of my 2 kids. After she died I began to have issues with my youngest child. He would run away, try to commit suicide and self harm. I would take him to the hospital but my insurance would constantly kick... View More

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

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

1 Answer | Asked in Child Custody for Ohio on
Q: After filing for custody should I still maintain contact with the child if possible
Todd B. Kotler
Todd B. Kotler
answered on May 18, 2023

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

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Can you file for partial custody or visitation rights with a protection order in place?

My fiance gets out of prison in 10 months, his children's mother filed a protection order against him claiming he threaten to hurt her in order to make it harder for him to get visitation because he refused to go home to her when he is released. She has multiple child service cases against her... View More

Todd B. Kotler
Todd B. Kotler
answered on May 15, 2023

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.

1 Answer | Asked in Child Custody for Ohio on
Q: My daughters mother just filed for custody. We live in the same state but I was planning to move to Ohio (30 minutes) fo

For work. Would this hurt me or giver her primary custody?

Todd B. Kotler
Todd B. Kotler
answered on May 4, 2023

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.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: The state was trying to take custody of my daughter so I am trying to give custody to her grandparents. Should I?

Do I have to give full custody or can I just do temporary custody until child services leaves us be? I was rushed to hand over rights to in laws so the state couldn't take my daughter but I am scared I won't get her back if I do this

Matthew Williams
Matthew Williams
answered on Apr 28, 2023

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

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: Can the mother of my child change my child’s last name without my consent in Lucas County Ohio?

We were never married. We both signed birth certificate in the hospital after child was born and was given my last name. Both parents signed affidavit of paternity in hospital.

Bridget Sciscento
Bridget Sciscento
answered on Apr 21, 2023

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.

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: How likely is the court going to sway in side of mom getting custody during a divorce because husband is mentally…

Emotionally abusive in front of the children? Will it matter who files first? Mom pays for all health insurance and healthcare, dad does not contribute. Mom works from home but is primary care taker of the kids.

Nicholas P. Weiss
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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.

1 Answer | Asked in Child Custody for Ohio on
Q: Can i move out at 18 years old if I'm still a highschool student? I live in Ohio

I have horrible narcisstic parents and I want to move out as soon as I possibly can. I turn 18 in June, and it'll be my senior year. Can i move out when I turn 18 ?

Joseph Jaap
Joseph Jaap
answered on Mar 23, 2023

Unless there is a court-appointed guardian, a person who is 18 is legally considered an adult, and can live where they want, pay their own rent, food, taxes, car insurance, health insurance, etc.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Me and my son's father are separated. If I get married and change my son's last name to my married name can I still get

Can I still get child support from the child's dad?

The guy I am going to marry is NOT adopting my son. We are just changing the child last name

Nicholas P. Weiss
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answered on Mar 4, 2023

Yes.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Which is better for child custody case , attorney that represents you or a GAL?

I’m stuck between just paying for the GAL which will help tremendously because it’s getting the background of both parents. However, I am absolutely scared to go into court without a lawyer to back me up with dealing with my child. I’m debating on just doing both at this point.

Nicholas P. Weiss
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answered on Feb 24, 2023

Do both.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Maternal aunt wants to give me, paternal aunt, resident custody of my nephew. Can we do this without bio parents approve

Maternal aunt has full legal custody for last 2.5 years. I have all rights to information and a generous visitation. She wants to switch roles so he can go to school and stay with me, and she get visitation. The bio mother is against it. She has not changed to better herself to take custody back... View More

Nicholas P. Weiss
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answered on Feb 23, 2023

I'd have to see what the court says about the bio parents signing away rights, but it is likely that you can switch residential custodian for school purposes by agreement with maternal aunt. I'd recommend a joint motion with a proposed agreed judgment entry making the modification.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: I’m 36 weeks pregnant, recently divorced from the father. He plans on signing his rights over, how do we go about it?

I have a two-year protective order in place, and recently moved due to the military. He is in Texas; and I am now in Ohio.

Nicholas P. Weiss
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answered on Feb 9, 2023

The only way to terminate his rights completely would be by stepparent adoption.

1 Answer | Asked in Child Custody, Divorce, Family Law and Juvenile Law for Ohio on
Q: If I need to get emergency full custody of my daughter to get her out of an abusive situation, how do I go about it?

I was divorced in one county in Ohio, I live in another county in Ohio and my daughter lives in another county in Ohio different than the divorce and myself. She is in an abusive situation with her mom and her mom's family, including sexual abuse by her stepdad. I really need help and... View More

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Feb 3, 2023

You can file for an emergency custody order. Generally, your motion has to state the child is in imminent danger.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Is my child's father entitled to a portion of the child tax credit I receive on taxes?

We are in Ohio and the child is 2.5. Her father and I have been separated for over a year and I have always claimed her. He has her 3-4 days throughout the week, so physical custody is about even. He doesn't claim her due to his child support for his other child is extremely behind. There is... View More

Nicholas P. Weiss
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answered on Feb 2, 2023

If you were not married and there is no custody or support order then he cannot claim her on his taxes.

1 Answer | Asked in Child Custody for Ohio on
Q: If grandma had custody of a child and the grandma die what happens to the child and both parents r unfit
John Michael Frick
John Michael Frick
answered on Jan 27, 2023

They will preferentially be placed with a willing relative who is not unfit, and failing that, with willing fit foster parents

1 Answer | Asked in Criminal Law, Child Custody, Child Support and Probate for Ohio on
Q: If I'm 17 and on probation can I move out of my house if I have a stable place to move to and I stay in school as well?
Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jan 24, 2023

That is a question for your probation officer.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: My sons and I name pops up whenever our name is searched on google. This case is over 10 plus years old. And would remov

I would like this case removed expeditiously. As I feel it violates my son and I privacy and protection.

Matthew Williams
Matthew Williams
answered on Jan 24, 2023

Depending on what type of case it is, there may be avenues to seal the official records. But that doesn't mean that news reports or entries on websites like mugshots.com will disappear. Talk with a lawyer privately.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Do we file contempt for not being allowed any contact with our kids or do we file for visitation first?

Maternal grandmother has legal custody. At the court hearings on the stand she said she wanted the kids to see us and that she'd allow supervised visits for now but we'd need to set it up ect. The court order just left it as a general reasonable visitation and stated they didn't feel... View More

Nicholas P. Weiss
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answered on Jan 17, 2023

File both. The contempt should seek as a sanction that she return to Ohio. The court will not be happy that she left the jurisdiction.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: What county should you file a complain for parentage in ?

My fiancé has two boys. He wasn’t married to their mom. He has a child support order in summit county. He’s on their birth certificates , he’s had parenting time with them bi weekly since they were born. Their mom sometimes will withhold visits and he can’t access their medical records or... View More

Nicholas P. Weiss
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answered on Jan 5, 2023

If there is a child support order then you do not need to file a complaint for parentage. You need to file a complaint for visitation or custody. You should file it in the county where the children reside.

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