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Ohio Family Law Questions & Answers
1 Answer | Asked in Family Law for Ohio on
Q: I am currently 16 years old. and I just had my daughter. The father is 18 and provides for us. We currently live with

my aunt whom has custody of me. I was looking into how I could get guardianship of myself so that we could move into our own home. I am also finished with school. I did not know if it would be a waste of time trying to get help. There are more details about the situation but I would rather explain... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 20, 2019

You cannot get guardianship of yourself. You are a minor until you are 18, and until then, your aunt has custody. If you have not filed for child support, do that to make it an official court order, since the father could stop paying and disappear at any time, which is not uncommon for teenage... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Husband is mentally unstable. Will it look badly in court if i allow my children to continue to go to house

Police have been called numerous time of threats of suicidal issues

Joseph Jaap
Joseph Jaap answered on Nov 20, 2019

It could. Use the Find a Lawyer tab to retain a local family law attorney to review the situation and advise you.

1 Answer | Asked in Family Law for Ohio on
Q: i’m 16 and i’ve been living with my boyfriend for 7 months and his mom is asking me to leave but i pay here

and i’m trying to get emancipated if i do where would i live?

Joseph Jaap
Joseph Jaap answered on Nov 19, 2019

Ohio does not allow emancipation for your situation. See this link:

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

If she wants you to leave, then you must leave. Where are your parents? If you will...
Read more »

1 Answer | Asked in Family Law for Ohio on
Q: I am 16 years old. Less then half a year from being 17. Can I legally move out without emancipation?

Living with my parents have gotten harder and almost everyday they yell at me and show me that I am not welcomed at home. There is a lot more that they do but I won’t get into that. But I know if I asked to move out they wouldn’t allow it. If needed I will go through the emancipation process... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 19, 2019

No, you can't move out. You could go to juvenile detention. Ohio does not have emancipation for your situation. Check this link:

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

Teens often object to...
Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Live in Columbus, Ohio. Ex will not give ESA back to me, he agreed to keep until I found a place.

All of the animals paperwork is in my name, shots, tags, everything. When he agreed to take her, when I became homeless for a while ( 4 months ) . He wanted me to transfer all of paperwork into his name ( I refused ) now I cannot even get weekend visits, he states " she has just calmed down and I... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 19, 2019

A dog is personal property. Use the Find a Lawyer tab to retain a local attorney to file a lawsuit to recover the dog. You could also report it to police, but they are unlikely to get involved.

1 Answer | Asked in Family Law for Ohio on
Q: My husband has moved out and he has taken all of the vehicles.

All if the vehicles are in his name. He is refusing to let me drive any. Is this legal?

Joseph Jaap
Joseph Jaap answered on Nov 18, 2019

It isn't against the law. But if you file for divorce, then you can also file with the court asking for an order that he return a vehicle to you to use. The vehicles all are considered marital property, even if only in his name, so the court can decide how to divide them between you both during... Read more »

1 Answer | Asked in Family Law, Child Custody and Patents (Intellectual Property) for Ohio on
Q: my girlfriend is 17 and her dad is trying to put her i jail can he do that?

her mom and dad are in a custody battle and her father is upset that she doesn't want to be with him anymore so he wants to punish her by sending her to jail can he do that? without good reasoning?

Joseph Jaap
Joseph Jaap answered on Nov 14, 2019

If she is deemed "unruly" and fails to follow the court-ordered custody, she could go to juvenile detention.

1 Answer | Asked in Family Law and Real Estate Law for Ohio on
Q: What is the law with unmarried couples and house equity? If one partner leaves, are they entitled to 1/2 the equity?

My significant other and I bought a home. He wants out, and will not be able to afford the house. He is asking for 1/2 the equity in a buy out, to sign off on a refi to get his name of of the mortgage. i have been told there are no laws citing splitting equity in non married couples. Is this true?... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 13, 2019

There is no law for unmarried couples sharing equity, only married couples who divorce. Whoever of the unmarried couple is named on the deed -- is the owner. If the unmarried couple splits up, and there is no written contract between them directing what happens with the house and its equity, then... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Are there legal agreements that can be made in Ohio between married couple similar to a post-nuptial?

I have been offered a short term teaching position out of the country and would like to have a legal agreement between my wife and I that would outline terms directly related to this situation (care of property, finances, limits of employment duration, ...)

Joseph Jaap
Joseph Jaap answered on Nov 12, 2019

An agreement would only be enforceable between spouses if entered by a court. You could file for legal separation, which would result in a written agreement for separating your finances, paying debts, providing support, employment, etc. The agreement would be approved by the domestic relations... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Do I need to re-enroll my separated wife (not legally) in my employer's healthcare plan during 2020 annual enrollment?

My wife of 22 years separated from me several months ago (not legally) and has indicated she wants to divorce but she still hasn't taken any legal action. She is currently covered by my employer's healthplan. She is a physician who typically has earned substantially more than I do (~1.5X-2X my... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 11, 2019

She would have to consent to being removed from your health plan. If there is a divorce, then she could enroll separately under COBRA with your employer after the divorce is final, or find her own insurance elsewhere. Talk to your HR person. If you file for divorce, the health insurance will be... Read more »

1 Answer | Asked in Family Law and Criminal Law for Ohio on
Q: My wife and I are separated not legally but living apart we have been since November 2012.

I have been trying to get her to sign dissolution paperwork for years. I pay child support but I haven't been able to for a couple of months due to being unemployed. She has now told me which I have text evidence of that she will not sign the paperwork till I pay the child support. This sounds like... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 6, 2019

Use the Find a Lawyer tab to retain a local family law attorney to prepare and file as a divorce. That does not need her to sign. The divorce process will proceed whether or not she participates.

1 Answer | Asked in Family Law for Ohio on
Q: Do I have to legally have ask my 16 y/o daughters father permission for her to go to a dance while she is with me?

We have never gone to court. We sat with a mediator and came to a parenting agreement where we agreed to share custody. This was filed with the clerk of courts .I am residential custodial parent . He has her 2 nights per week. We agreed to share custody.

Daughter is 16 and he tries to... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 5, 2019

If you and he have never been married, and if no court has granted him parental rights, or designated you the "residential custodial parent," then you are automatically the sole legal custodian and make all parenting decisions. Father has no parental rights unless and until a court grants him... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: what is considered a week 7 days right sunday-saturday

for example if I drop my son off Monday morning at 9am then sunday at 9am or 6pm I would be able to pick him back up correct because that is exactly 7 days

Joseph Jaap
Joseph Jaap answered on Oct 22, 2019

It depends on how the agreement or court order is written, and if there are any standard guidelines set by the court for determining parenting time or resolving disputes. Use the Find a Lawyer tab to retain a local a family law attorney who can review the documents and facts of the situation,... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: How to field to suspend and be reimbursed for spousal support.

My divorce was finalized on 1 october. There is a provision that if she cohabitates in such a manner as marriage spousal Support is terminated. My Ex has been living with her boyfriend since before our separation date. i have several forms of documentation to prove it.

Joseph Jaap
Joseph Jaap answered on Oct 21, 2019

Check with the attorney who handled your divorce, or check the court web site for the form for a motion to modify spousal support.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My kid is 18 (with an iep)ran away to stay with a friend. She's in high school. How can I get her home?
Joseph Jaap
Joseph Jaap answered on Oct 21, 2019

If she does not have any mental disability, then at 18, she is an adult and can make her own decisions. Talk to her school counselor.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I have a very complicated situation. I haven't seen my 14 month old daughter in 5 months. Can I get her back soon?

My 14 month old daughter's father and I are no longer together. We were never married. May 5, her father was charged with domestic violence and assault against me. He is pending trial. Immediately after he kicked my daughter and I out of our home. During this time, I relapsed (recovering... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 11, 2019

Yes, your situation is complicated -- much too complicated to work out on line. Use the Find a Lawyer tab to retain a local family law attorney who can then meet with you to review all the facts of the situation with you and advise you of your options.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: What are my rights in this case?

I had a dissolution of our marriage two and a half years ago. We have a three year old daughter. We have shared custody. I get her every other weekend. I pay child support and allow the mother to claim her on taxes every year. My problem is when we got divorced she upped and moved 2 and a half... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 7, 2019

If that is what you agreed to in the dissolution and for her relocation, then you will have to try for a change. Use the Find a Lawyer tab to retain a local family law attorney to discuss the situation and your options for negotiating a change of the parenting schedule with your ex, or filing with... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: In Ohio can I get married at 18 even if I’m still in high school and living with my mom
Joseph Jaap
Joseph Jaap answered on Oct 7, 2019

An 18 year old can get married without parental permission. But the parent might not continue to provide health insurance, car insurance, or financial support to continue education beyond college if the parent thinks the marriage is a mistake and not well thought-out. An 18 year old is considered... Read more »

1 Answer | Asked in Criminal Law and Family Law for Ohio on
Q: Are there laws against a man having a vasectomy without his wife's knowledge?
Matthew Williams
Matthew Williams answered on Oct 1, 2019

No.

1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Child Support for Ohio on
Q: I turn 18 in 30 days. I cant stand being at my house anymore. Is it illegal if i was to leave right now and move out?

My friend has an apartment. Me and him both have jobs. I would still be going to school and getting my education.

Joseph Jaap
Joseph Jaap answered on Sep 30, 2019

It could cause problems for you and for him if you leave before 18. Hang on for 30 more days. But consider that if you leave now or when 18, you might no longer have any health insurance, car insurance, or other support from your family. If your friend later kicks you out, then that could be... Read more »

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