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Ohio Family Law Questions & Answers
1 Answer | Asked in Arbitration / Mediation Law and Family Law for Ohio on
Q: Mediation and our marital home

We bought our home during our 8 year marriage. Documentation does not have my name on it as owner. To save money, we opted to try to settle with a mediator we still need to get. My husband suggested buying out my equity in the home and paying off my car for me by dipping in his 401K in lieu of... View More

Joseph Jaap
Joseph Jaap
answered on Sep 9, 2024

A mediator helps the two spouses reach a settlement outcome that both spouses agree is fair, or at least tolerable. But if each spouse is not fully informed of their potential rights and all the implications of the settlement, then that spouse might be at a disadvantage in agreeing to a mediated... View More

1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Gov & Administrative Law for Ohio on
Q: What can I use against CPS that they can't loophole out of?

I lost custody of my son but still maintain my parental rights. Custody was granted to his grandma but she has lost custody of him twice. The first time she tried to kill herself, followed the case plan and got him back and then accidentally recorded a message on the Casas voicemail telling my son... View More

James L. Arrasmith
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answered on Jul 21, 2024

You can start by gathering all evidence that demonstrates your efforts to maintain contact and the barriers you've faced, including the recorded voicemail and any documentation of missed visitations due to the grandma's interference. Present this evidence clearly to the court and insist... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Is it possible to keep co-owning a house while applying for marriage dissolution in Ohio? Thanks!

Me and my husband are filling for marriage dissolution, and we agreed on everything and want to keep the house in both names, as it is, and use the property as a rental home. While filling for it, there's no option to "co-own" the property, but I read in some articles online that... View More

Samuel Patry
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Samuel Patry
answered on Jul 3, 2024

Generally speaking, the purpose of terminating your marriage is to disentangle you and your spouse from one another, including mutual obligations related to the ownership of a home. Additionally, continuing to co-own a home after the termination of your marriage (even if through a dissolution) can... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: Can I win against an adoption petition?

I pay my ordered child support, but haven't seen my kids in almost 9 years. Their mother prevented contact. I know I should have filed for visitation long ago. My kids want nothing to do with me. What should I do?

Nicholas P. Weiss
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answered on Jul 3, 2024

You are in a very tough position. A biological parent's consent is not needed for a step-parent adoption if they have had less than de minimus contact with the minor children for more than one year without reasonable excuse. A court will have a hard time concluding that your failure to file... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: my ex is in contempt 2nd time has not bought me out of my half of the house, and it is now appraised to a higher amount?
James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's a concise response to the situation:

1. Your ex-spouse is in contempt of court for the second time.

2. They have not bought you out of your half of the house as required.

3. The house has now been appraised at a higher value....
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1 Answer | Asked in Family Law for Ohio on
Q: Can I move out of the State of Ohio without the permission of my child's Father?

We have a court order-I am the Custodial parent and the Father has visitation only. I had to move out of State because I live with my parents and they moved. I did file paperwork with the courts because I have other concerns about my child going to his Father. When I filed I had not moved yet and... View More

Nicholas P. Weiss
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answered on Jun 6, 2024

It is likely that before you moved you needed to file a notice of intent to relocate. File that ASAP. You are supposed to do this prior to moving. If you do not, then the court can literally make you bring the child back to the state.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Fiance wants to adopt my daughter once married, what kind can we do?

My daughter's father has been no contact for 2 years and he never established paternal rights in court, but is on birth certificate. When I was going to file officially for custody, 6 different lawyers during consultations informed me that because we were never married and he never... View More

Nicholas P. Weiss
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answered on Jun 6, 2024

If the biological father has EITHER gone more than one year without de minimus (negligible amount) of contact with the minor child without reasonable cause OR has failed to provide support for the minor child, even without a child support order, then the biological father's consent is not... View More

1 Answer | Asked in Elder Law, Estate Planning, Family Law and Health Care Law for Ohio on
Q: My mother-in-law has dementia. Prior to his death, my father-in-law ask my husband to take care of his mom.

We moved into their house 2 weeks before his dad died. My husband's brother, David, is executor of estate and power of attorney for my mother-in-law. Per my husband, a verbal agreement was made that when my mother-in-law passed, her house would be sold and we would receive a larger portion for... View More

James L. Arrasmith
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answered on Jun 2, 2024

I'm sorry to hear about the difficult situation you’re facing. Given the verbal agreement and the substantial care your husband provided for his mother, it’s understandable that you feel entitled to a larger portion of the estate. However, verbal agreements can be challenging to enforce... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Civil Rights for Ohio on
Q: Do I still have a chance?

What can I do after permanent custody was granted to CPS from the lies that can be proven with transcripts from court, having a split decision at the 11th district Court of appeals and my attorney was 48 minutes late filing the appeal to the Supreme Court due to documented computer glitch, stating... View More

James L. Arrasmith
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answered on May 24, 2024

You still have options to pursue, even after permanent custody was granted to CPS. Given the documented issues with your attorney's late filing due to a computer glitch and the alleged lies that can be proven with court transcripts, you may be able to seek legal recourse. One potential step is... View More

2 Answers | Asked in Family Law and Immigration Law for Ohio on
Q: My boyfriend and I want to get married today at the county courthouse.

He is here by having a nonimmigrant visa - temporary stay. Will he only need to present his passport when we go to the courthouse?

James L. Arrasmith
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answered on May 24, 2024

When you and your boyfriend go to the county courthouse to get married, he will typically need to present his passport as a form of identification. In addition to his passport, he may also need to provide his visa to verify his nonimmigrant status. It’s a good idea to call the courthouse in... View More

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2 Answers | Asked in Family Law and Immigration Law for Ohio on
Q: My boyfriend and I want to get married today at the county courthouse.

He is here by having a nonimmigrant visa - temporary stay. Will he only need to present his passport when we go to the courthouse?

Stephen Arnold Black
Stephen Arnold Black
answered on May 24, 2024

It depends on the county policy for what identification is required. Some counties require unexpired passports while others will accept expired passports. However, if you’re a US Citizen you can immediately sponsor your spouse for a green card right after marriage. Some of us immigration lawyers... View More

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2 Answers | Asked in Divorce and Family Law for Ohio on
Q: Is there any other way to be legally divorced other than a dissolution or divorce?

I have been separated for 18 months. My spouse and I have absolutely nothing together. She refuses a dissolution even though she is asking for nothing and neither am I. She says I'm going to have to spend the money on an attorney out of spite just to get her to appear. What other options do I... View More

Joseph Jaap
Joseph Jaap
answered on May 14, 2024

Check if your local domestic relations court has a legal clinic with volunteer lawyers who help with the divorce paperwork. Or check local law schools for any legal clinics they have. The forms for divorce are typically available on your local court's web site, although it is recommended... View More

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2 Answers | Asked in Divorce and Family Law for Ohio on
Q: Is there any other way to be legally divorced other than a dissolution or divorce?

I have been separated for 18 months. My spouse and I have absolutely nothing together. She refuses a dissolution even though she is asking for nothing and neither am I. She says I'm going to have to spend the money on an attorney out of spite just to get her to appear. What other options do I... View More

Nicholas P. Weiss
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answered on May 14, 2024

If you truly don't have assets to split, you might consider filing the divorce yourself without an attorney. Many courts have their own forms to assist in low-asset divorces. The most you would pay in that case would be the filing fee.

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1 Answer | Asked in Adoption and Family Law for Ohio on
Q: Can hcjfs (cps) tell my wife and kids to not have any contact with me the father, or is that parental alienation?

My wife over the past 10 years has filed 4 dv cpo's. She does it to kick me out of the house, and has recently admitted in court to purjuring them...on the record under oath. Hcjfs(cps) has convinced her there is to be no contact with kids and i or her and i. Is this parental alienation and... View More

Nicholas P. Weiss
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answered on May 6, 2024

You need to get, if you haven't already, an enforceable custody/parenting time order. If you have one of those, then you can enforce it unless it is superseded by another order regardless of what CPS says. If you DON'T have an order, then she can do whatever she wants.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I need help trying to get visitation for my 2 daughters, I don’t have a lot of money, and I’m trying to get help
Nicholas P. Weiss
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answered on May 2, 2024

Visitation and parenting time is a pretty low bar to clear. Unless you have serious background issues (drug addiction, violent crime, child endangerment) you have a good chance of getting temporary parenting time and a parenting plan in place even without counsel. Portage juvenile court has some... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: I have parenting issue with ex spouse with mental illness. He was been non compliant . He wants to modify the agreement.

When he doesn't agree with we agreed to, he's constantly is wanting to change things. We both are supposed to have an ROR, which includes talking to the psychiatrist and or doctors. I agreed to be transparent about my medical health, even though i do not have any psychotic disorders. He... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 11, 2024

I don't see a specific question here. It sounds like you may wish to either file a motion to enforce your present agreement, or in the alternative terminate your agreement in favor of you having custody reserving visitation to the other parent. It sounds like you may wish to have a Guardian ad... View More

2 Answers | Asked in Family Law, Child Custody, Internet Law and Communications Law for Ohio on
Q: If I share my Facebook login with my son in a text message does that give my ex wife permission to login to messenger

She logged into my messenger account and read my personal messages and now is trying to use them against me to take away my shared parenting.

The messages are not to and from my son she used my sons old phone to obtain my personal password for my private messenger account and she logged... View More

Nicholas P. Weiss
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answered on Apr 8, 2024

No, it doesn't give her permission.

On the other hand, though she may have "hacked" your account, there is nothing private about private facebook messages. All of those are routinely subpoenaed in custody proceedings and are discoverable information, particularly if they...
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2 Answers | Asked in Family Law, Child Custody, Internet Law and Communications Law for Ohio on
Q: If I share my Facebook login with my son in a text message does that give my ex wife permission to login to messenger

She logged into my messenger account and read my personal messages and now is trying to use them against me to take away my shared parenting.

The messages are not to and from my son she used my sons old phone to obtain my personal password for my private messenger account and she logged... View More

James L. Arrasmith
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answered on Apr 16, 2024

No, sharing your Facebook login information with your son does not give your ex-wife permission to access your personal Messenger account. Logging into someone else's account without their explicit consent is a violation of privacy and may be illegal, depending on the laws in your... View More

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Going through a divorce, what all can I legally get? Husband refuses to let me have anything!

Me and my husband are going to be going through a divorce. After obtaining legal martial status, we had bought a house, had a child, bought vehicles and appliances for the home. Husband refused to move out so I left, he states he is entitled to everything and I only get my clothes and custody of... View More

Nicholas P. Weiss
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answered on Apr 8, 2024

IN GENERAL: Anything purchased or acquired after a couple is married is considered marital property. That means that if the parties divorce, all of that property must be equitably divided between the parties. This includes houses, cars, personal property, retirement accounts, bank accounts, etc.... View More

2 Answers | Asked in Divorce and Family Law for Ohio on
Q: My huband said he filed for a divorce in February of this year 2024.

My husband said he hired an attorney in the beginning of February, he told me his attorney would write up the papers then email to him so he could look over them before signing. My husband then told me his attorney was going to mail me the papers so I could then look at them and if I did not agree... View More

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 3, 2024

Parties to dissolution or divorce in Ohio have a right to have their own attorney review any documents they receive from another attorney who represents their spouse. When an attorney represents one party the attorney will most certainly write the documents in a way that is advantageous to their... View More

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