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Ohio Family Law Questions & Answers
1 Answer | Asked in Child Support and Family Law for Ohio on
Q: How do I get child support stopped?

I have three children ages 12, 8, and 5. Current child support order. No court visitation schedule. Dad is harassing me. Threatening me. Telling me if I do not drop support order "I will see what happens. Children barely see him. I tried to go through child support they said only way they... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 5, 2021

Do you really believe he will not bother you if you drop support? If so, and you want to do this, either you or he would have to file a motion to modify support. You can agree to do so, unless you are receiving government assistance.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: I have shared custody of my daughter me an the mom agreed each year we will file my daughter as a dependent.

With the stimulus payment she feel she is guaranteed all of it. I agreed on half. What should happen next

Matthew Williams
Matthew Williams answered on Mar 5, 2021

You two should work this out like adults. That's what should happen next. It's not nearly enough money to get the lawyers involved.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: What are a father's legal rights to kids without custody agreement? Is a mother required to let his take the children?

He signed an affidavit of paternity at birth. There is no custody order in place. He moved out. He wants to take them to a place I feel is unsafe.

Joseph Jaap
Joseph Jaap answered on Mar 4, 2021

If the parents are not married, and a court has never granted the father any parental rights, then the mother is the sole legal custodian of the children and makes all decisions about the children. She does not have to let the father have any contact with the children. But the biological father... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: I had a dissolution in 2017. We agreed to no child support for either of us. Can she take me back to court for support?

We agreed in our dissolution, to no child support. She came to me shortly after that, and demanded I paid her. So I have been paying support, since then, though I was not ordered by any court to do so, so she wouldn’t move my child a long distance from me. Now she has brought up going through the... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 4, 2021

Yes, she can file to have a child support order issued. Even after a marriage terminates, the court retains jurisdiction to review child support issues until the child is 18 or graduates high school. Ohio uses a calculation worksheet. Here is a link where you can enter amounts and get a... Read more »

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2 Answers | Asked in Family Law for Ohio on
Q: I have a shared parenting agreement however my ex is using covid not to get his son. He hasn't gotten him since 3/2020.

Can I do anything about it? Also if my son is too much for me, can give temporary custody of him to his father? How do I do that? His father doesn't speak to me at all and I have asked for his help before and he will not help at all. Medically I can no longer live with him as he gives me... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 4, 2021

The past year has been very difficult and has had adverse affects on mental health. The father needs to step up. Start by talking to your son's father about the situation. Also talk to your son's school counselor, who could advise you about family counseling services that are... Read more »

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: children services case got closed but I signed temporary custody over to my brother can i get my son back in court?
Matthew Williams
Matthew Williams answered on Mar 3, 2021

You can file for legal custody and attempt to convince the court it is now appropriate to have your son back.

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Ohio on
Q: My son is 15. I'm wanting a 50/50 agreement. Do I need to file a motion to modify custody, or just visitation?

We currently have a shared parenting agreement. I have him twice a week after school until 8 and every other weekend. We split all holidays and breaks from school. But the magistrate said she still considers it basically standard visitation, and the mother the primary guardian or custodial parent,... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 2, 2021

Yes, you should file to modify parenting time. It would be best to have an attorney assist you in how best to present your arguments. You will probably want to ask the magistrate or judge to interview him on what time he’d like with you.

1 Answer | Asked in Family Law for Ohio on
Q: Can I get in trouble for my 18teen year old not going to school
Cathy Cook Esq
Cathy Cook Esq answered on Mar 1, 2021

No. An 18 year old is an adult over whom you have no legal control. It’s unfortunate you can’t convince your child to complete high school

.

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: My daughter is 15 and her bio dad isn’t on the birth certificate or around , can my husband of 8 years adopt her?

My daughter’s biological father is not listed on the birth certificate and has never paid child support. We have proved paternity. He has never shown any interest is her whatsoever. My husband and I have been together since she was two and would love to adopt her. Do we have to get her biological... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Feb 28, 2021

Based on the facts you’ve provided, a step-parent adoption can occur. You will have to notify father, but don’t need his permission based on no support and no contact for one year.

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Ohio on
Q: I would like advice before going to child support court. My son's father was jailed for domestic violence on me

Will I need to be prepared to be questioned about this in court?

Joseph Jaap
Joseph Jaap answered on Feb 25, 2021

Be prepared to discuss it if it comes up. Talk to your attorney, or use the Find a Lawyer tab to retain a local family law attorney to review all the facts and advise you.

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1 Answer | Asked in Family Law for Ohio on
Q: I'm 18 and my guidance councler wont let me drop out even though I wont be able to graduate
Cathy Cook Esq
Cathy Cook Esq answered on Feb 23, 2021

Sounds like your guidance counselor is trying to help you. You should look into how you can complete school to help you with employment.

2 Answers | Asked in Child Support and Family Law for Ohio on
Q: I make $960 per month. My ex is asking for $940 a month in child support. Would a judge grant that?

We share custody. Judge said I don't have to pay child support which is documented in the parenting agreement, which she won't sign. Without that signed agreement, she is looking to have custody changed to the standard of 1-day a week and every other weekend. When I have been present his... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Feb 23, 2021

Glad you received equal time. Not sure how you were ordered to pay $774 per month, if you earn $940 per month. You may want someone check the numbers.

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2 Answers | Asked in Child Support and Family Law for Ohio on
Q: I make $960 per month. My ex is asking for $940 a month in child support. Would a judge grant that?

We share custody. Judge said I don't have to pay child support which is documented in the parenting agreement, which she won't sign. Without that signed agreement, she is looking to have custody changed to the standard of 1-day a week and every other weekend. When I have been present his... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 23, 2021

A judge is not going to leave you with only $20/month. Ohio uses a new child support calculation. You can access it at this link:

https://ohiochildsupportcalculator.ohio.gov/home.html

The judge can deviate from the calculated amount depending on all the family and financial...
Read more »

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3 Answers | Asked in Family Law for Ohio on
Q: If I have full custody do I have to let my daughter go visit her mother in another state if I don't feel it's safe to do

I have full custody in ohio and she doesnt have any legal rights as moved to california. Shes demanding I send her to California during the pandemic and I have no clue who she lives with or would be around if something happened.

Joseph Jaap
Joseph Jaap answered on Feb 23, 2021

It depends on what the custody order or parenting plan says about time with the other parent. Review those, or use the Find a Lawyer tab to retain a local family law attorney to review all the circumstances and advise you.

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I'm 17 years old I got the mind of 21 year old I want to move out and better my life cuz my mom treats me like I'm in

A prison can I get emancipated to live on my own a give my self a better life

Cathy Cook Esq
Cathy Cook Esq answered on Feb 21, 2021

Sorry, but we don't have such emancipation in Ohio. If she is physically abusive, you can call 241-Kids for assistance.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I lost my kids around halloween. I have been seeking help for my drug addiction since june. I need to know my rights

I have not taken this time to do what i need to do like go to treatment or get clean. I need to and i have every intention. But im not able to see children

Cathy Cook Esq
Cathy Cook Esq answered on Feb 17, 2021

You should be able to get supervised time with your children. See if you can obtain a public defender to file a motion for you. You need to make treatment your number 1 priority.

1 Answer | Asked in Family Law for Ohio on
Q: Father has standard visitation. Recently hasn’t been showing up for visits and is leaving the kids with his parents.

His parents come pick up the kids. Sometimes he would ride along. Now he’s not coming at all and I find out tat he isn’t there for the visits at all. What can I do?

Cathy Cook Esq
Cathy Cook Esq answered on Feb 17, 2021

You can file a motion to modify parenting time based on his failure to exercise his time. His parents may file a motion for grandparents rights.

2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Ohio on
Q: The father of my daughters child has held him from her & us for over a month.

They are not married to each other but he is married to another woman. He has withheld their son from my daughter & us for a month now for revenge. My daughter has offered to appear for mediation with him but he won't answer. His wife has threatened my daughter with violence, has attacked... Read more »

Matthew Williams
Matthew Williams answered on Feb 11, 2021

Anyone can certainly file a police report, and there may be an interference with custody criminal offense here but there probably is not kidnapping since that is against the wishes of the person, not their parents. Who has legal custody of this child?

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Rights to ask for in court for visitation

I have not seen or heard from my daughter or her mother since April 2017. She completely cut off all contact and accuses me of abuse. I have never hurt my child or ever left a mark on my daughter. I do spank her when needed but give multiple chances for getting that point. She has no proof of abuse... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Feb 6, 2021

You have the right to parenting time with your daughter. Unfortunately, because you waited so long to take action, you will have to become reacquainted with your daughter. That means gradually increasing your time with her. If the mother claims abuse, you will have to defend yourself. If that... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Q: How is this going to be legally viewed by the courts?

Father abandoned children 4 yes ago.

Children’s counselors have found evidence of mistreatment and abuse during the initial visitations with him and his girlfriend. The councilor”s filed reports with CPS.. the children are fearful and do not want to return to visitations. Does his... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Feb 4, 2021

The court will always try to reunite children with a parent, barring any proof of ongoing abuse. I'm surprised the initial visits have not been supervised. You might be able to get them supervised now if the counselor will testify about concerns for the children's well being.

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