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Ohio Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Is my child's father entitled to a portion of the child tax credit I receive on taxes?

We are in Ohio and the child is 2.5. Her father and I have been separated for over a year and I have always claimed her. He has her 3-4 days throughout the week, so physical custody is about even. He doesn't claim her due to his child support for his other child is extremely behind. There is... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Feb 2, 2023

If you were not married and there is no custody or support order then he cannot claim her on his taxes.

1 Answer | Asked in Family Law for Ohio on
Q: My brother had POA for my mother. However he started having I’ll intentions and my mother wanted me to have POA.

However we signed and notarized the POA in the hospital as she is competent. He is going to try and say she wasn’t competent, what can I do to protect my mother and the POA we signed in the hospital?

Joseph Jaap
Joseph Jaap
answered on Jan 31, 2023

When a new POA is executed that revokes the prior POA, until people are notified that the old POA has been revoked, they might still honor it and follow instructions from the old agent. So the new POA should be given to health care providers, banks, financial advisors, insurance agents, etc. so... Read more »

2 Answers | Asked in Estate Planning and Family Law for Ohio on
Q: I would like to know how to revoke a power of attorney. My mother is competent, and wants POA moved to me.
Aaron Epling
Aaron Epling
answered on Jan 25, 2023

The most common way is for her to sign a new POA that includes language revoking any prior POA. You may want to consider recording the new POA as well.

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2 Answers | Asked in Estate Planning and Family Law for Ohio on
Q: I would like to know how to revoke a power of attorney. My mother is competent, and wants POA moved to me.
Joseph Jaap
Joseph Jaap
answered on Jan 25, 2023

Along with executing the new POA that specifically revokes the prior POA, anyone who received the prior POA should be notified that the prior POA is revoked, and provide a copy of the new POA. Until someone is notified that the prior POA has been revoked, they will have no way to know there is a... Read more »

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1 Answer | Asked in Family Law for Ohio on
Q: In ohio if I want to sign poa to my 24yr old daughter over my 15 yr old daughter do I have to go thru the court
Joseph Jaap
Joseph Jaap
answered on Jan 24, 2023

She would have to apply to the probate court to be appointed guardian. Use the Find a Lawyer tab to retain a local attorney who handles guardianships to review your circumstances and advise you.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: My sons and I name pops up whenever our name is searched on google. This case is over 10 plus years old. And would remov

I would like this case removed expeditiously. As I feel it violates my son and I privacy and protection.

Matthew Williams
Matthew Williams
answered on Jan 24, 2023

Depending on what type of case it is, there may be avenues to seal the official records. But that doesn't mean that news reports or entries on websites like mugshots.com will disappear. Talk with a lawyer privately.

1 Answer | Asked in Family Law and Probate for Ohio on
Q: My children were born at home in the US (Ohio). How can I get birth certificates for them?

Unassisted home birth, no medical records. Baptismal records exist. More than 1 year since birth.

John Michael Frick
John Michael Frick
answered on Jan 22, 2023

Please follow the steps below to file the certificate:

Download and fill out the New Born Birth Certificate Packet

Gather required documentation. See page 1-9 of the New Born Birth Packet

Contact the Vital Statistics Registrar at (513)732-7499 to schedule an appointment to...
Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Is it necessary to have legal representation if I am in the process of becoming my fathers legal Gaurdian?

My father currently has a court appointed Gaurdian. I am currently in the process of becoming successor Gaurdian. The court hearing date is set. I am just wanting to know if legal representation is necessary.

Also, the hearing is via Zoom.

Joseph Jaap
Joseph Jaap
answered on Jan 18, 2023

Legal representation is not required. But there are significant legal and fiduciary responsibilities of being a guardian, reports that must be filed with the court, etc. You should retain a local probate attorney who handles guardianships to represent you at the hearing and to provide continuing... Read more »

1 Answer | Asked in Estate Planning, Family Law, Foreclosure and Personal Injury for Ohio on
Q: Is the surviving male child of the decedent's deceased brother's deceased daughter referred to as the Great Grand Nephew
Aaron Epling
Aaron Epling
answered on Jan 17, 2023

I'll refer you to the table of consanguinity.

https://heirsearch.com/wp-content/uploads/2019/06/consanguinity_chart_web.pdf

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Do we file contempt for not being allowed any contact with our kids or do we file for visitation first?

Maternal grandmother has legal custody. At the court hearings on the stand she said she wanted the kids to see us and that she'd allow supervised visits for now but we'd need to set it up ect. The court order just left it as a general reasonable visitation and stated they didn't feel... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 17, 2023

File both. The contempt should seek as a sanction that she return to Ohio. The court will not be happy that she left the jurisdiction.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: What are my rights as far as child support? I wanted a civil dissolution but now ex hasn't helped in 4 months.

My ex moved out in May. He stopped paying on the car i drive months ago and we had an agreement for him to help financially weekly but he stopped back in November and only has our 2 kids overnight 2 times a week. Now he is moving in with his current girlfriend who has 4 kids, 2 seniors 2 freshman,... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 16, 2023

If you are married, you should file for divorce and seek a temporary child support and spousal support award as part of your filing. If you are not married, you should go to your county's child support enforcement office to obtain an administrative child support award.

1 Answer | Asked in Family Law for Ohio on
Q: I have a durable family POA for my granddaughter. Her biological father has filed for custody. Can I ensure visitation?

I live in Pa and her biological father lives in Ohio. I don't mind that he has filed for custody. I just want to make sure I can still see my granddaughter. Her mother is currently incarcerated in Florida.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 13, 2023

If the case is in Ohio: So long as the parents were never married you can intervene and seek visitation rights.

1 Answer | Asked in Family Law and Elder Law for Ohio on
Q: In Ohio does a Power of Attorney grant an adult child the right to place a parent with Alzheimer's in a nursing home?

Is a Power of Attorney the appropriate and ethical way to do this or is obtaining guardianship more appropriate?

Moshe Toron Esq
Moshe Toron Esq
answered on Jan 12, 2023

A properly signed Healthcare Power of Attorney grants you the right to place someone in a nursing home.

The person signing it granted you that power.

1 Answer | Asked in Estate Planning and Family Law for Ohio on
Q: My papaw had a will drawn up before he was diagnosed with dementia, his wife then got a letter from their doctor saying

He was no longer competent my dad is his beneficiary to his will, my granny then made another will and is saying she gets all my papaws estate money & vehicles. Is my papaws will null and void now that she made another will for herself and my dad gets nothing?

Aaron Epling
Aaron Epling
answered on Jan 9, 2023

You must have "testamentary capacity" to execute a will. Testamentary capacity means that your Papaw does:

1. Understand the nature of the business in which he is engaged;

2. Comprehend generally the nature and extent of the property which constitutes his estate;...
Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: What county should you file a complain for parentage in ?

My fiancé has two boys. He wasn’t married to their mom. He has a child support order in summit county. He’s on their birth certificates , he’s had parenting time with them bi weekly since they were born. Their mom sometimes will withhold visits and he can’t access their medical records or... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 5, 2023

If there is a child support order then you do not need to file a complaint for parentage. You need to file a complaint for visitation or custody. You should file it in the county where the children reside.

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: my parents are getting dicorced soon and idk how to convince the court in unsafe at my moms and abused with no pictures

the divorce might be this summer but idk, im scared my dad wont get custody and my mom will hurt me for trying to live with him, i never get a chance. to record her or anything and she isnt psychically abusive, but i have been sent to mental wards twice because of the stree, im only 13 and i want... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 5, 2023

Your father needs to seek a guardian ad litem to represent you in the divorce. Talk to the guardian once they are appointed and tell them this information. It is very likely that the guardian will recommend custody to your father if they hear you say that, even without proof.

If you are...
Read more »

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: If a judge says no contact with ur children can the parents still get supervised visitation with their children?

The prosecutor and judge said no contact with our children, can we still get supervised visitation through children services?

Matthew Williams
Matthew Williams
answered on Jan 5, 2023

If there is a no contact order arising out of a criminal case, or out a juvenile court case, children's services cannot override such an order and permit visitation because they would literally be facilitating a crime. It is against the law to violate a no contact order.

1 Answer | Asked in Family Law for Ohio on
Q: 10 years ago a judge ruled that the non custodial parent can claim the child on their tax return every other year.

The child spends very little time with the non custodial parent. Does the IRS requirements to claim a dependent override what the court ordered

Bridget Sciscento
Bridget Sciscento
answered on Dec 28, 2022

No. However, if you go back to Court, then the Court will likely allocate the dependency exemption/ credit to you.

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Is using a false address on a marriage license application enough to consider a marriage invalid in Lake County Ohio?

Both parties lived out of Ohio state as US citizens at the time of application but spouse listed a false former Lake County address on the application. Marriage ceremony took place in Lake County, OH. Provide Next Steps Please.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Dec 27, 2022

We cannot provide legal advice and guidance here. Ohio does not require residency to marry. Outsiders simply file for a marriage license in the county where the ceremony will take place. Using an old address means nothing. Also, there are no easy outs. An error in providing pedigree information... Read more »

1 Answer | Asked in Estate Planning and Family Law for Ohio on
Q: How do I find the paperwork from the sale of the house that my father owned
Moshe Toron Esq
Moshe Toron Esq
answered on Dec 26, 2022

The title company that handled the sale.

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