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Ohio Family Law Questions & Answers
1 Answer | Asked in Family Law for Ohio on
Q: Our daughter who is 17 will be 18 in a month. Can she move out if she is still in high school?
Joseph Jaap
Joseph Jaap answered on Sep 14, 2020

If there is no court order for parenting in effect, then when she is 18, she is considered an adult and can live where she wants, unless she has some mental or physical limitation for which you can seek guardianship. Remind her when she turns 18, she becomes responsible for her own medical and car... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: When my 16 yr old daughter doesn’t like how I am parenting her, she decides to leave and go to her dads.

How can I put a stop to my daughter leaving home without permission or just not coming home because she is upset with me? When I parent in a way she dislikes, she drives to her dads house. We have shared parenting, but these are not his days and with him continuing to allow that, it undermines any... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 14, 2020

Nobody has the answers on dealing with unruly and disobedient teens. Advise the father that he must comply with the court ordered parenting, and that and your daughter and letting her stay with him when she feels like it, is not doing her any favors. If he does not cooperate in the shared... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My ex girlfriend isn't letting me see my daughter the last 4 weeks. Our agreement was meet at 10am every saturday.

She was always 2+3 hours late.I drove an hour to meet, I need to get legal visitation.I will pay child support if I have to. I paid $1000s for her child support to keep her out of jail, paid $800 past due to her past electric bills so she can have it on for her/daughter in her apartment ,she lost... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 14, 2020

If there is no court order giving you parenting time, then you will have to file with the court for parental rights, and that could take a while, since some courts are operating more slowly because of the virus and backlog of cases. Use the Find a Lawyer tab to retain a local family law attorney... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Ohio on
Q: Can csb use a domestic violence against me when I wasn’t actually charged with one

Me an the mother of my children were arguing an sometimes we hit things never eachother an never around the kids an we were never actually charged with domestic violence can csb still use it against use if all there was was a police report?

Joseph Jaap
Joseph Jaap answered on Sep 14, 2020

Yes, they can consider that, especially if police were called and a report of the incident was made indicating angry behavior. They could consider that sort of physical anger could endanger a child.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: Separated not divorced. Two separate states non court shared parenting can My ex Keep our child ? Is that legal.

Separated not divorced. We live in two separate states. I have my son all the time he goes to school while with me and I let his dad take him for visits.

we go outside of the court system for visitation. I have our son enrolled at school with me. I have him on my welfare case and medicaid.... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

If there is no court order for legal separation or parenting, then you will have to file with the court to start that process. With two states, it will be complicated, time-consuming, and expensive. Use the Find a Lawyer to retain a local family law attorney to review the situation and advise you.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: My son that is 14 years old wants to come live with me. Would the court let me move him out if state support group is

I do not have visitation setup as his mother and I have always worked that out between each other. Child support is setup through court. If he can come live with me I would need to move to Indiana where my support group is as my family doesn't live here. How do I go about doing this

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

The court will consider all the testimony and evidence to determine whether moving away is in the best interest of the child. Use the Find a Lawyer tab to consult a local family law attorney who can review all the facts and advise you.

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: My mother is the custodial parent. Is there anyway I can live with other guardians without her consent.

I’m 15

Cathy Cook Esq
Cathy Cook Esq answered on Sep 6, 2020

Parents have superior rights. Your other parent could seek custody but must show a change of circumstances since custody was given to mother and that it is in your best interest for the other parent to have custody. For a non-parent to gain custody, your mother must be shown unfit.

1 Answer | Asked in Family Law, Child Custody and Municipal Law for Ohio on
Q: My mother filed for custody of my daughter in Ohio. What will happen if I don't go to any of the hearings?
Joseph Jaap
Joseph Jaap answered on Sep 1, 2020

If you don't attend the hearing, the judge will conclude you don't care, and so your mother will likely get custody.

1 Answer | Asked in Family Law for Ohio on
Q: I am still married and not legally separated, but my husband took my daughter after visit and blocked me from everything

What can I do to be able to see her we had an agreement switching throughout the week but now he took her completely and will not let me see her he blocked me from all contact with him our daughter is 5 months old and not in harm's way with neither parties what can i do?

Joseph Jaap
Joseph Jaap answered on Aug 31, 2020

Without a court order, there is not much you can do if you are married. If you file for divorce or legal separation, the court will decide the issue of child custody and will issue an order regarding parenting. Then if one parent doesn't follow the order, the other parent can file for... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: I am a 16 year old who lives at home in Ohio, would I be able to move out without my parents agreeing?

My parents are emotionally and mentally abusive but they are portrayed as good, rich people. My dad owns a company in our town and everyone thinks they are great people but they treat me terribly. I have a job and with alittle time could afford a place for my own. I get good grades in school and... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 31, 2020

Until you are 18, you are a minor and your parents are responsible for you. If you leave, a landlord will not rent to a minor. And if you leave, you could be apprehended and end up in juvenile detention. Anyone who assists you in leaving also could face criminal charges. Talk to your parents.... Read more »

1 Answer | Asked in Domestic Violence, Divorce, Family Law and Child Custody for Ohio on
Q: I have a hearing tomorrow regarding the restraining order on my ex. She has my other ex, her husband and their attorney

I have a hearing tomorrow regarding the restraining order on my ex.

She has my other ex, her husband and their attorney as witness.

We have a pending case for custody.

Can they be used as witnesses in the restraining order which is a different case and different person... Read more »

Matthew Williams
Matthew Williams answered on Aug 31, 2020

Witnesses generally need to have personal knowledge of something relevant or else their testimony is going to be very brief. I suspect they disagree agree with your assessment that they lack personal knowledge of the events.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: I filed for a divorce with children. My ex has the paperwork. Shes not responding to it. What happens next?

We have a year old daughter who lives with me. She is not responding to the divorce. What will happen?

Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 24, 2020

If she's been appropriately served, the court will convert the divorce to an uncontested case. This means you will need to submit a proposed judgment entry ahead of time and present some evidence as to the divorce.

1 Answer | Asked in Child Support and Family Law for Ohio on
Q: My ex is refusing to pay child support because he gave me a "gift" and now wants that to be considered support.

After he mailed me the (10k) gift he went on to get his 3rd DUI in under 10 years and decided he wanted the gift back. Since he didn't get it he stoped paying support and is now saying he will take me to court over it. Can his "gift" be considered support if it was made outside of... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 20, 2020

If the support order required child support payment only through CSEA, then his payment would not be counted. CSEA can pursue him for unpaid child support, and you can file in court to have him held in contempt if he doesn't pay child support. Use the Find a Lawyer tab to retain a local... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: My wife was supposed to receive her part of the QDRO over three years ago. How can she get the QDRO reassessed?

The date went back to the separation date, 3/17/2014, but it hasn't been paid out yet. As for as we know her ex has been profiting from her share still being in the fund. Decree says loses and gains. This should include the entire time period he has not paid it out. Correct?

Cathy Cook Esq
Cathy Cook Esq answered on Aug 17, 2020

Normally, the person receiving the money is responsible for preparing, filing, and sending the QDRO to the company to get the money paid. Look at the decree to see who was to do this. If your wife, obtain an attorney to assist you with it. If her ex was supposed to do it, file a motion for contempt... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Identity Theft for Ohio on
Q: My wife of 10 years with 2 kids cheated on me and had a fake pregnancy. She had her tubes tied after my youngest, used

ultrasounds of my children and a baby picture of my friends baby, the "baby" wasn't going to survive or go home. We have confronted her and everyone knows the truth, she used fake phone numbers to pretend to be me and my friends to him. I want to get a divorce and for her to get the... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 17, 2020

Use the Find a Lawyer tab to retain a local family law attorney who can review all the facts, advise you of your options, and file the divorce, asking for custody of your children.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Ohio on
Q: I want to get emancipated. I live in Ohio i am 16 but I have questions to see if I have a chance.
Joseph Jaap
Joseph Jaap answered on Aug 17, 2020

A minor cannot be emancipated in Ohio. It is normal for there to be friction between teens and their parents. Talk to your parents, other family members, a teacher, or other trusted adult if there are problems. Here is a link to more information about emancipation in Ohio:... Read more »

1 Answer | Asked in Adoption and Family Law for Ohio on
Q: Can my boyfriend adopt my daughter

my boyfriend has been there since I found out I was pregnant and has stepped up to be my daughters father. Her biological father has not been in her life at all. I told him i was pregnant. There was a possibility either one could be the biological father. I did a dna test on my boyfriend and came... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 14, 2020

He can't adopt unless you marry him, and the biological father could object. Use the Find a Lawyer tab to retain a local attorney who handles adoptions, which are handled in the probate court. Also check the court's web site.

1 Answer | Asked in Criminal Law, Estate Planning, Family Law and Civil Litigation for Ohio on
Q: I want to add a document to an answer, do I add them to the plaintiffs documents or start my own set of documents?

The plaintiffs documents are false and I do not really want to use them but I don’t want add those to my answer. I haven’t referred to them at all in my answer but I want to add an original will, do I add it to my own as exhibit a or do I add it onto the plaintiffs as exhibit E?

Taylor P Waters
Taylor P Waters answered on Aug 13, 2020

Hi there, your question is a bit too complex to ask over this medium. A good probate attorney should be able to point you in the right direction.

1 Answer | Asked in Child Support and Family Law for Ohio on
Q: Child support order contested.

I took my daughter's father for child support and he's been dragging it on. We had our hearing over the phone and he wouldn't answer and he never even sent in any of his information regarding pay stubs and what not. He doesn't want to pay for her at all and has been marking off... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 12, 2020

If he refuses to provide information then the court will either 1) take your word for it or 2) impute a likely income for him given the information. He cannot evade child support by using a voluntary reduction in income (like FMLA). He can bring it up, but the court won't consider it.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Will subpoenaing my 10 year old daughter's upset the magistrate and hurt my chances?

I have court on the 27th and my last resort is to put my daughter's on the stand to tell their side of the story and how they are treated. Even after proving domestic violence in the home the magistrate still would not grant me temporary custody. they should have never been removed from my... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 12, 2020

If this is a child custody matter then your daughter cannot testify. Instead, you should seek to have the court conduct an in camera interview with the child. The judge will speak with the child and the GAL alone and ask about how she is treated. Her testimony will not be allowed in open court.

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