Ohio Family Law Questions & Answers
Q: My niece is wanting my husband and I to adopt her unborn baby. What do we need to do for this to be legal and not cost?
Joseph Jaap's answer
Talk to the probate court and review the forms and procedures for adoption on the court's web site. The biological father would have to consent. You probably will need an attorney to assist you with the process. You can use the Find a Lawyer tab to retain a local attorney who handles adoptions.
Talk to the probate court and review the forms and procedures for adoption on the court's web site. The biological father would have to consent. You probably will need an attorney to assist you with the process. You can use the Find a Lawyer tab to retain a local attorney who handles adoptions.
Q: What happens if mom dont show up to court when dad is the one fighting for custody..
Joseph Jaap's answer
If mother is not there, then the court could reschedule the hearing, or the court could proceed with the hearing and decide what custody arrangement is in the best interest of the child, based on the evidence and testimony presented by the father. Use the Find a Lawyer tab to retain a local family law attorney to review the circumstances and represent you.
If mother is not there, then the court could reschedule the hearing, or the court could proceed with the hearing and decide what custody arrangement is in the best interest of the child, based on the evidence and testimony presented by the father. Use the Find a Lawyer tab to retain a local family law attorney to review the circumstances and represent you.
Q: I lost custody 8 years ago and haven't been allowed to see my her. I finally have my life together. What can I do to...
Joseph Jaap's answer
Use the Find a Lawyer tab and retain a local family law attorney to review all the facts and advise you of your options. You could file in court to re-establish contact. The court would decide if that is in the child's best interest considering all the facts. If you are not paying child support, the court could order you to begin paying.
Use the Find a Lawyer tab and retain a local family law attorney to review all the facts and advise you of your options. You could file in court to re-establish contact. The court would decide if that is in the child's best interest considering all the facts. If you are not paying child support, the court could order you to begin paying.
Q: I have a shared parenting plan with my ex and I am residential for school purposes. Can I homeschool if he disagrees?
Joseph Jaap's answer
The plan probably requires the parents to discuss things, and if they don't agree, then go to mediation. So talk to him about it. If that or mediation don't succeed, then either can file a motion to have the court decide.
The plan probably requires the parents to discuss things, and if they don't agree, then go to mediation. So talk to him about it. If that or mediation don't succeed, then either can file a motion to have the court decide.
Q: how would a 17 year old with a 3 month old baby become emancipated without parental consent?
Joseph Jaap's answer
She can't. Ohio does not allow that. See this link:
https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/
She can't. Ohio does not allow that. See this link:
https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/
Q: How do I file a contempt order for parenting time
Joseph Jaap's answer
Check your local court web site for the form to file for motion for contempt. Some courts or local law schools offer legal clinics for those without an attorney. But check your parenting time order. It might require mediation before filing a motion for contempt.
Check your local court web site for the form to file for motion for contempt. Some courts or local law schools offer legal clinics for those without an attorney. But check your parenting time order. It might require mediation before filing a motion for contempt.
Q: Never married we have 2 children I'm in allowed to take my children around my new boyfriend if my ex says no?
Joseph Jaap's answer
An unmarried mother in Ohio is the sole legal custodian of her children, unless and until a court grants the biological father parental rights. So until then, the mother makes all decisions on who can see the children and when. But if the biological father files in court for parental rights, and the mother has been exposing the children to bad influences, the court can impose restrictions or even give custody to the father.
An unmarried mother in Ohio is the sole legal custodian of her children, unless and until a court grants the biological father parental rights. So until then, the mother makes all decisions on who can see the children and when. But if the biological father files in court for parental rights, and the mother has been exposing the children to bad influences, the court can impose restrictions or even give custody to the father.
Q: I'm 16, am I able to change my custody to my mom from my dad to switch schools & get out of a bad environment wout court
1 Answer
| Asked
in
Divorce, Family Law, Child Custody and Education Law
for
Ohio
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
Joseph Jaap's answer
The court makes that determination. Your mother would have to file with the court to ask for a change. The court will take your desire into account, but might not agree to the change.
The court makes that determination. Your mother would have to file with the court to ask for a change. The court will take your desire into account, but might not agree to the change.
Q: Hello there. My question I want to ask is, how do I go about making a complaint against a visitation order?
Joseph Jaap's answer
Are you paying child support? If not, and if you pursue this, you likely will have to start paying. You can file a motion with the court to have the mother held in contempt for not allowing the visitation. But you will have to locate her. If you cannot find her on your own, you can hire a private investigator.
Are you paying child support? If not, and if you pursue this, you likely will have to start paying. You can file a motion with the court to have the mother held in contempt for not allowing the visitation. But you will have to locate her. If you cannot find her on your own, you can hire a private investigator.
Q: I got divorced in Cleveland Oh and i have shared Parenting. My Decree and shared parenting Plan are All in Cleveland
1 Answer
| Asked
in
Child Custody, Civil Litigation, Divorce and Family Law
for
Ohio
on
Answered on Jan 22, 2019
Answered on Jan 22, 2019
Joseph Jaap's answer
She should have filed a change of address with the OH court which handled the divorce, and it would retain jurisdiction. She could file something in MI, but the MI court would likely say it belongs in OH court.
She should have filed a change of address with the OH court which handled the divorce, and it would retain jurisdiction. She could file something in MI, but the MI court would likely say it belongs in OH court.
Q: Can my 17 year old friend come live with me if her step mom and dad is mistreating her & cutting people out her life
2 Answers
| Asked
in
Criminal Law, Family Law, Child Custody and Juvenile Law
for
Ohio
on
Answered on Jan 21, 2019
Answered on Jan 21, 2019
Joseph Jaap's answer
The friend is a minor and must follow the directions of her parents. If there are problems at home, she should talk to a teacher, school counselor, or other trusted adult.
The friend is a minor and must follow the directions of her parents. If there are problems at home, she should talk to a teacher, school counselor, or other trusted adult.
Q: My nephew live and is from Bolivia, South America, he's girlfriend is back in Ohio and pregnant.
Matthew Williams' answer
He will need to establish paternity to secure parental rights and should be aware that doing so will trigger support obligations.
He will need to establish paternity to secure parental rights and should be aware that doing so will trigger support obligations.
Q: My father died with will (no copy for me) I want the house in which I grew up in Ohio. Lineal descent cover this?
Joseph Jaap's answer
Ohio law specifies the order in which family members share in property when there is no will. But the deed to his house might have had joint ownership and survivorship, or transfer on death provisions. If so, then those would control, and the house would not be subject to probate, and would transfer according to those instructions, not Ohio law for descent and distribution. Consult a local attorney where he lived to review the deed and any other documents recorded for the house and advise...
Ohio law specifies the order in which family members share in property when there is no will. But the deed to his house might have had joint ownership and survivorship, or transfer on death provisions. If so, then those would control, and the house would not be subject to probate, and would transfer according to those instructions, not Ohio law for descent and distribution. Consult a local attorney where he lived to review the deed and any other documents recorded for the house and advise...
Q: I need help getting emancipated or get me to be legal adult early. Can you please help?
Joseph Jaap's answer
Ohio does not have emancipation. See this link:
https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/
You will no longer be a minor when you are 18 - in June.
Ohio does not have emancipation. See this link:
https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/
You will no longer be a minor when you are 18 - in June.
Q: My daughter is going on vacation for 4 days. Does her exboyfriend have a right to say no? No paternity established.
Matthew Williams' answer
If he has not established paternity, he has no rights with regard to your daughter's child.
If he has not established paternity, he has no rights with regard to your daughter's child.
Q: What is the process for a father to receive visitation from court?
Joseph Jaap's answer
As the unwed mother, you have sole legal custody of your child. You decide who gets to spend time with your child, or not. The father must go to court and prove paternity with DNA, and the court will then consider granting him visiting time, if he is proven to be the father. The court determines what is in the best interest of the child for father's visits, based on all the evidence presented to the court at a hearing that you and he attend. For a newborn, the court might grant a father...
As the unwed mother, you have sole legal custody of your child. You decide who gets to spend time with your child, or not. The father must go to court and prove paternity with DNA, and the court will then consider granting him visiting time, if he is proven to be the father. The court determines what is in the best interest of the child for father's visits, based on all the evidence presented to the court at a hearing that you and he attend. For a newborn, the court might grant a father...
Q: My 12 year old daughter came back from her summer visit with her father saying that she never wanted to see him again.
Joseph Jaap's answer
The parenting order issued by the court must be followed until it modifies its order. If circumstances have now changed, then you can file with the court asking for a change to the order, and the court will evaluate all the facts, and determine what is in the best interest of the child, and whether to make any change. Review the current order, which might require mediation before going to court to ask for changes. You should have a discussion with your daughter to determine what are the...
The parenting order issued by the court must be followed until it modifies its order. If circumstances have now changed, then you can file with the court asking for a change to the order, and the court will evaluate all the facts, and determine what is in the best interest of the child, and whether to make any change. Review the current order, which might require mediation before going to court to ask for changes. You should have a discussion with your daughter to determine what are the...
Q: Can a 17 y/o (18 in June) be emancipated due to mother not enrolling in school?
Joseph Jaap's answer
Ohio does not permit emancipation except in certain circumstances. See this link:
https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/
Ohio does not permit emancipation except in certain circumstances. See this link:
https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/
Q: I live in ohio and am not sure who my babys father is. One of the potential dads has a violent past (assult and drug
Joseph Jaap's answer
The father would first have to prove paternity with a DNA test, and then file in court seeking parental rights. The court will decide what is in the best interest of the baby. It could grant father rights, but with an infant, it would only be short amounts of time at first. And you should then apply for him to start paying child support. Until the court grants father any rights, mother is the sole custodian, and makes all decisions, and does not have to let anyone else see the infant. Use...
The father would first have to prove paternity with a DNA test, and then file in court seeking parental rights. The court will decide what is in the best interest of the baby. It could grant father rights, but with an infant, it would only be short amounts of time at first. And you should then apply for him to start paying child support. Until the court grants father any rights, mother is the sole custodian, and makes all decisions, and does not have to let anyone else see the infant. Use...
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