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Ohio Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Can I refuse the mother picking up her son if I know the driver doesn’t have license and insurance?

I just found out the grandparents who drive the mother during child exchange have recent history of losing their license. There currently is an active bench warrant for the grandfather for failure to appear for a court case dealing with driving under suspension and uninsured. Can I refuse to allow... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 23, 2023

You may refuse. This may not stop Mother from filing a complaint. You will simply have a defense should the matter go to court. It is vital that you not refuse outright but simply as to this mode of transportation. Should you wish to amend your parenting plan you would need to file a motion to... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Ohio on
Q: Can a permanent legal guardian adopt without parental consent in Ohio?

Legal guardian to two girls (15yo and 13yo) for the past three years. They came from abuse and neglect. Bio mom is now one year sober. 15yo wants to reconnect with bio mom. 13yo wants nothing to do with bio mom and still wants us to adopt her. Can we adopt 13yo without parental consent?

Todd B. Kotler
Todd B. Kotler
answered on Sep 23, 2023

Maybe, was this guardian appointed by the court as part of a permanent custody determination in the DN case? If so then yes. If not then the prospective adoptive parents may need to make additional showings. Whether parental consent is required can also depend on the specific facts and details... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: I am finally filing for divorce based on abuse, and theft. Would it be pointless to file alimony? I was used and abused.

I paid for everything with promises to pay me back but never did. He stole my car and everything in my apartment was stolen. Not to mention the facts that he blacked me eye swollen shut for 3 weeks, busted my mouth open and made me strip so he could search me.

Todd B. Kotler
Todd B. Kotler
answered on Sep 21, 2023

Your story is incredibly sad and it sounds like you will be better off without this guy. You should contact an attorney in your area to represent you as you present complex facts. Generally, everything you bring into a marriage remains your separate property. Any bills you paid and incurred... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: would a custodial parent be able to cancel vists if you have a court ordered agreement ?
Todd B. Kotler
Todd B. Kotler
answered on Sep 20, 2023

A parent doing this in the above described situation does so at their own peril. The parent who is being prevented from exercising would have the facts where they could file a motion to have custodial parent Show Cause why they should not be held in contempt for obstructing the parenting time.

1 Answer | Asked in Family Law, Adoption and Probate for Ohio on
Q: Request Order to Ohio Vital Statistics to obtain Original Birth Certifcate.

My son was adopted by his mother’s second husband changing his name and birth certificate.

My son has grown and his adoptive father has passed away. Son would like to have his birth certificate changed to have my name as his father. He has already changed his name back to what it was... View More

Aaron Epling
Aaron Epling
answered on Sep 18, 2023

Given these facts, I think any probate attorney may need to do some research to be truly confident as to the process needed to achieve the desired outcome. If changing the words on the certificate is truly the only desired outcome, then I'd start with the health department that issued the... View More

1 Answer | Asked in Criminal Law, Family Law, Child Support and Municipal Law for Ohio on
Q: What are my options for recourse in Ohio if a butler county juvenile court employee informed me incorrectly?

Had CS hearing for contempt- couldnt make it. Warrant issued. Paid to get recalled, was issued new hearing (employee came out, handed me new date paper & said “be there”). Again, date conflicting. I asked how to reschedule. She refused to go back (hearing was done w/ me in the lobby) to ask... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 14, 2023

The employees cannot give legal advice. There are literally signs all over every court stating this. YOU are responsible for either hiring an attorney or learning the rules through independent research. Appear before the court ASAP and make your explanation. Better yet, invest in actually... View More

1 Answer | Asked in Family Law and Banking for Ohio on
Q: Can an 18 year old get her minor account transferred to an adult account?

I am working with a student who turned 18 last week. Her father refuses to go to the bank with her to get her account transferred to her alone. She cannot access the money without his signature. She no longer lives with him as he has been abusive towards her. She has earned the money through... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 14, 2023

Depending on the language of the original contract with the bank the student may have to file a lawsuit against the father for injunctive relief. This is too dependent on facts not stated in the question to answer more thoroughly. THe student should work with an Family Law attorney that is... View More

2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: I have legal temporary custody of my nephew. The bio mother refuses to provide me her personal contact information.

The bio mother gives me her mothers (the grandmother) phone number stating this is her contact. I know 100% that she has her own phone number and the grandmother is just controlling the situation. Can I block the grandmothers phone and tell the bio mother that if she wants communication with me... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 10, 2023

Your question for all ita detail does not state what the temporary order says. Follow the order and write grandmother to ask for mother's information. If that is hoe she wished to be contacted so be it. The important part for you is to demonstrate that you are communicating.... View More

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2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: I have legal temporary custody of my nephew. The bio mother refuses to provide me her personal contact information.

The bio mother gives me her mothers (the grandmother) phone number stating this is her contact. I know 100% that she has her own phone number and the grandmother is just controlling the situation. Can I block the grandmothers phone and tell the bio mother that if she wants communication with me... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Sep 10, 2023

Your question is whether you can block her number, you should not do this. First, I see your point here, and mother is definitely breaching your order by failing to provide you her phone number. However, if you then block the grandmother's number, the court will see this as a somewhat-petty... View More

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2 Answers | Asked in Family Law and Civil Rights for Ohio on
Q: My sons father and I have a court order 50/50 but I’ve have found out his gf is signing papers at school!? What can Ido

She said well they’re getting married until then and even then she doesn’t know enough as I do to be entitled to any paper work

Todd B. Kotler
Todd B. Kotler
answered on Sep 9, 2023

Your question does not detail whether this is addressed in your parenting plan. You need to raise the issue with your kid's dad in writing. Explain your concern and how it actually relates to your child's best interest. Separate your own ego the argument of not liking this because... View More

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2 Answers | Asked in Family Law and Civil Rights for Ohio on
Q: My sons father and I have a court order 50/50 but I’ve have found out his gf is signing papers at school!? What can Ido

She said well they’re getting married until then and even then she doesn’t know enough as I do to be entitled to any paper work

Kelly A Rochotte
Kelly A Rochotte
answered on Sep 10, 2023

The answer depends on what your orders say to some extent, and also the papers that she is signing. If she's signing items directed to a parent or custodial guardian, that's inappropriate. If your order directs that an authorized person or person known to the child may do certain things... View More

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Can you someone help me with a dissolution with children, little to no income

My husband and I have been living apart for almost 5 years now. He lives in Pennsylvania and I live in Ohio he has physical custody of our son. I need help with getting a dissolution we share no assets. I need financial aid help in getting a dissolution. I have little to no money to do so. Since... View More

Todd B. Kotler
Todd B. Kotler
answered on Sep 5, 2023

The Wayne County Domestic Relations Court has resources for parties of modest means. Go to this URL https://www.waynecourtofcommonpleas.org/resources/domestic-relations-templates

You will need to submit the first 4 affidavits, a petition for dissolution, a poverty affidavit / motion to...
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1 Answer | Asked in Family Law for Ohio on
Q: i have cancer and want to move to another state with my children to be closer to my family

dad probably wont support this decision

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

First, i sympathize with your struggle and understand why you would want to move closer to you those who can best support you through your battle. However, Ohio courts make custody decisions based on the best interests of the children. You will need to demonstrate to the court why moving the... View More

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Wife trying to get unjustified tpo and kick me out with nothing. What are my options

I'm 44, with mental and physical disabilities. she has been my 100% provider for 10 + years, we have 2 children. She has been denied twice I believe but now it goes to court.

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

You need to get counsel ASAP. Appear at the first hearing and at least ask for a continuance so you can retain counsel. In order to get a DVCPO your wife will need to demonstrate by a preponderance of the evidence that there is sufficient evidence of immediate and present danger to her, her... View More

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: If I am summond to court for divorce how can I get help with an attorney if I do not have funds and she has one
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answered on Aug 28, 2023

If you are facing a divorce and cannot afford an attorney, there are resources available to help you navigate the legal process. Many states have legal aid organizations that offer free or low-cost assistance to individuals who meet certain income criteria. These organizations can provide guidance... View More

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: If I am awarded full custody of my daughter. Do my parents have to immediately return her to me
Kelly A Rochotte
Kelly A Rochotte
answered on Aug 23, 2023

The terms of the final judgment entry would govern. If she's currently living with your parents, and you become the residential custodian/legal guardian, then they would need to return her to your care.

2 Answers | Asked in Family Law for Ohio on
Q: Can an 18 year old move in with her 17 year old boyfriend and his family in Ohio?

The 18 year old has not graduated high school.

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answered on Aug 15, 2023

In Ohio, individuals who are 18 years old are legally considered adults and can typically decide where they want to live. However, it's important to be aware of the age of consent laws if there's a romantic relationship between an 18-year-old and a 17-year-old. Additionally, factors like... View More

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2 Answers | Asked in Family Law for Ohio on
Q: Can an 18 year old move in with her 17 year old boyfriend and his family in Ohio?

The 18 year old has not graduated high school.

Todd B. Kotler
Todd B. Kotler
answered on Aug 16, 2023

What does the 18 year old's parents have to say in the matter? An 18 year old that has not graduated High School has not fully emancipated. The parents may still have an obligation to send their 18 year old to school, so the 18 year old in this situation may have to file in the Juvenile... View More

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2 Answers | Asked in Family Law for Ohio on
Q: In Ohio can you file abandonment charges against a father if they’re not helping and don’t want to be a father anymore?

Dad left out of state and will not help or take his child. Says he doesn’t always want to be a father. He won’t work so that leads to my question.

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answered on Aug 15, 2023

In Ohio, a parent can't typically be charged with abandonment for simply not being involved in their child's life or not providing financial support, unless there is a court order in place that requires them to do so. However, if there is a court-ordered child support agreement and the... View More

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1 Answer | Asked in Child Custody, Civil Rights and Family Law for Ohio on
Q: Is it illegal in Ohio for a CPS agent to give a drug screen at your home?
Todd B. Kotler
Todd B. Kotler
answered on Aug 14, 2023

No. It is not. CPS may ask for a drug test. A parent may refuse, but CPS is free to conclude that this means the parent will test positive and treat the refusal as an equivalent to that result. This is not placing a parent in jeopardy of arrest so the warrant requirement / probable cause... View More

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