Ohio Family Law Questions & Answers
Q: Hi sorry how much it will cost from start to finish to do dna paternity test to establish if a child is my sons or not,,
Matthew Williams' answer
There’s no way to quote an accurate figure here without being a local attorney who knows whether there will be a fight about the test, and who the judge would be to resolve such a fight. Obviously, if everyone is willing to have the test performed, it will be a lot cheaper than fighting about it.
There’s no way to quote an accurate figure here without being a local attorney who knows whether there will be a fight about the test, and who the judge would be to resolve such a fight. Obviously, if everyone is willing to have the test performed, it will be a lot cheaper than fighting about it.
Q: My husband is in the hospital and his ex-wife is trying to say she should get my 12 year old stepson.
Joseph Jaap's answer
Check the parenting or custody agreement for anything that covers this situation. Also check the standard court guidelines for parenting that typically are incorporated into a custody agreement. The mother could file in court to make a change to the custody depending on the circumstances. Use the Find a Lawyer tab to retain a local family law attorney to review all of the documents and circumstances and advise you.
Check the parenting or custody agreement for anything that covers this situation. Also check the standard court guidelines for parenting that typically are incorporated into a custody agreement. The mother could file in court to make a change to the custody depending on the circumstances. Use the Find a Lawyer tab to retain a local family law attorney to review all of the documents and circumstances and advise you.
Q: My ex son-in-law was awarded parental rights of my 3 grandchildren, although my daughter is a good mother.
Joseph Jaap's answer
She must file with the court to try to change the custody or visitation order. The court must determine what is in the best interest of the children based on all the testimony and evidence presented to the court. The court might or might not make a change. So your daughter should retain a local family law attorney to review all the facts with her, and advise her how best to proceed.
She must file with the court to try to change the custody or visitation order. The court must determine what is in the best interest of the children based on all the testimony and evidence presented to the court. The court might or might not make a change. So your daughter should retain a local family law attorney to review all the facts with her, and advise her how best to proceed.
Q: : How can you get a dna paternity test order , my sons ex girl friend says it’s his child but will not let him see her??
Matthew Williams' answer
You can file a paternity lawsuit in court seeking an order for DNA testing. But beware, once paternity is established, she can get support, and back support, and contribution to medical expenses from the birth.
You can file a paternity lawsuit in court seeking an order for DNA testing. But beware, once paternity is established, she can get support, and back support, and contribution to medical expenses from the birth.
Q: my twin daughters are 18 and want to come home and live with me their mother can they?
Joseph Jaap's answer
Unless there is a court order that remains in effect, if they are 18, they are no longer minors and can live where they choose. Use the Find a Lawyer tab to retain a local attorney to review any court orders.
Unless there is a court order that remains in effect, if they are 18, they are no longer minors and can live where they choose. Use the Find a Lawyer tab to retain a local attorney to review any court orders.
Q: My ex and I have a 5 yo daughter together. I have legal custody and he has visitation. We were never married.
Joseph Jaap's answer
You need to retain an attorney to discuss all the facts of the situation, answer your questions, and advise you how to best present the facts to the court at the hearing. There is no way to guess the court's decision in advance. The court will have to hear all the facts and testimony from both you and the ex to determine what is in the child's best interest. Use the Find a Lawyer tab to retain a local family law attorney.
You need to retain an attorney to discuss all the facts of the situation, answer your questions, and advise you how to best present the facts to the court at the hearing. There is no way to guess the court's decision in advance. The court will have to hear all the facts and testimony from both you and the ex to determine what is in the child's best interest. Use the Find a Lawyer tab to retain a local family law attorney.
Q: 17 years old and pregnant her mom refused to get her medical treatment and she wants to move out Can she
Joseph Jaap's answer
If proper medical care is not being provided, she should contact children's services.
If proper medical care is not being provided, she should contact children's services.
Q: Can I file a motion or modification
Philip Allan Logan Esq's answer
Filing anything and getting a hearing would take much longer than a week, so you probably should give her another week. However, do it in writing and ask for a written acknowledgement and agreement. If she doesnt comply your remedy is not contempt, but a motion to compel and for fees if you had to hire an attorney, which is what you should probably have done.
Filing anything and getting a hearing would take much longer than a week, so you probably should give her another week. However, do it in writing and ask for a written acknowledgement and agreement. If she doesnt comply your remedy is not contempt, but a motion to compel and for fees if you had to hire an attorney, which is what you should probably have done.
Q: Am I able to transfer child support from the county it was started in because my ex wife hasn't lived there for 3 years?
Joseph Jaap's answer
She should file a change of address in Wayne with CS and the court. Check CS and the court web sites for the forms to file. If Wayne CS is refusing to review because you don't live there, and if filing the change of address doesn't change it to Lorain, then file to change it over to Lorain.
She should file a change of address in Wayne with CS and the court. Check CS and the court web sites for the forms to file. If Wayne CS is refusing to review because you don't live there, and if filing the change of address doesn't change it to Lorain, then file to change it over to Lorain.
Q: I have a 13 year old daughter who wants to live with me and that has lived with me for almost a year because her mother
1 Answer
| Asked
in
Family Law, Child Custody and Child Support
for
Ohio
on
Answered on Mar 27, 2019
Answered on Mar 27, 2019
Joseph Jaap's answer
If you are not married to the mother, and if a court has not granted you parental rights or custody, then the mother has sole custody, and gets to decide where she lives and when or if you can see her. File to establish paternity and for parental rights. Use the Find a Lawyer tab to retain a local family law attorney to represent you. Mother can then apply for child support from you.
If you are not married to the mother, and if a court has not granted you parental rights or custody, then the mother has sole custody, and gets to decide where she lives and when or if you can see her. File to establish paternity and for parental rights. Use the Find a Lawyer tab to retain a local family law attorney to represent you. Mother can then apply for child support from you.
Q: Wife and I are still married. No court set up. Kids live with me primarily. School in my district. She lives
Joseph Jaap's answer
If there is no pending divorce, and no court custody orders, then she can do that. You can file for divorce and also file a motion for temporary custody at the same time. The court will determine the living arrangements for the children during the divorce process. Use the Find a Lawyer tab to retain a local family law attorney to represent you.
If there is no pending divorce, and no court custody orders, then she can do that. You can file for divorce and also file a motion for temporary custody at the same time. The court will determine the living arrangements for the children during the divorce process. Use the Find a Lawyer tab to retain a local family law attorney to represent you.
Q: My ex will not allow my visitation due to the criminal background of my family and fiance. Can he refuse my visitations
Joseph Jaap's answer
The parents must follow any order of the court regarding visitation. In making its determination about visitation, the court can consider any facts that the parents submit to the court to determine what is in the best interest of the child. The court could limit or prohibit contact with certain family members and others. But a parent cannot decide on their own to limit visits by the other parent, or that other parent can file for contempt.
The parents must follow any order of the court regarding visitation. In making its determination about visitation, the court can consider any facts that the parents submit to the court to determine what is in the best interest of the child. The court could limit or prohibit contact with certain family members and others. But a parent cannot decide on their own to limit visits by the other parent, or that other parent can file for contempt.
Q: I am filing for visitation of my daughter and my ex is saying she will ignore the summons and possibly leave state?
Joseph Jaap's answer
Start by retaining a local family law attorney to represent you in the court process. If she does move to a different state, and you want to pursue the matter, then it will be more complicated, and you will need an attorney, and possibly an attorney in the state to which she moves. Use the Find a Lawyer tab to retain a local family law attorney.
Start by retaining a local family law attorney to represent you in the court process. If she does move to a different state, and you want to pursue the matter, then it will be more complicated, and you will need an attorney, and possibly an attorney in the state to which she moves. Use the Find a Lawyer tab to retain a local family law attorney.
Q: I am 17 years old in Ohio, and my negligent grandparents have legal custody of me. Could I call CSB on them?
1 Answer
| Asked
in
Child Custody, Child Support and Family Law
for
Ohio
on
Answered on Mar 13, 2019
Answered on Mar 13, 2019
Joseph Jaap's answer
Before doing that, if you have any other family members, teachers, or trusted adults to talk to about it, you should do that first. But you can call the local children's services office. They will investigate and could move you into foster care.
Before doing that, if you have any other family members, teachers, or trusted adults to talk to about it, you should do that first. But you can call the local children's services office. They will investigate and could move you into foster care.
Q: Can a mother withdraw a minor from school and not re-enroll the child in another school?
Joseph Jaap's answer
The mother would have the opportunity to appear at the guardianship hearing, and the court could subpoena her to appear. Use the Find a Lawyer tab to retain a local attorney who handles guardianships to review the facts and advise you.
The mother would have the opportunity to appear at the guardianship hearing, and the court could subpoena her to appear. Use the Find a Lawyer tab to retain a local attorney who handles guardianships to review the facts and advise you.
Q: Sons wages were garnished more than he can afford they said because it already went to court there was nothing we can do
Joseph Jaap's answer
If he did not appear at the hearing that set the garnishment, and if the time for appeal has passed, then he might not be able to change it. He could use the Find a Lawyer tab to retain a local consumer law attorney or a bankruptcy attorney.
If he did not appear at the hearing that set the garnishment, and if the time for appeal has passed, then he might not be able to change it. He could use the Find a Lawyer tab to retain a local consumer law attorney or a bankruptcy attorney.
Q: I dont know if I am in the right place but I am trying to do a minor last name change. Its confusing.
Matthew Williams' answer
You can obtain the necessary paper work and instructions at your county’s probate court. You fill it out and file it. Then there will be a hearing. If you think the father will oppose it, you may want to engage an attorney.
You can obtain the necessary paper work and instructions at your county’s probate court. You fill it out and file it. Then there will be a hearing. If you think the father will oppose it, you may want to engage an attorney.
Q: Can a residential parent take a vacation during the school year our paperworks says during summer break not school year
Joseph Jaap's answer
Courts assume that parents will act reasonably and responsibly to resolve these issues. If the parents cannot agree, then most parenting orders require the parents to go to mediation to try to resolve it before they are permitted to file with the court for the court to decide. Contact the court to initiate mediation.
Courts assume that parents will act reasonably and responsibly to resolve these issues. If the parents cannot agree, then most parenting orders require the parents to go to mediation to try to resolve it before they are permitted to file with the court for the court to decide. Contact the court to initiate mediation.
Q: I am 17 years old and I will be 18 in 6 months. Is it legal for me to run away and not face any punishments by the law?
1 Answer
| Asked
in
Family Law, Child Custody, Child Support and Juvenile Law
for
Ohio
on
Answered on Mar 5, 2019
Answered on Mar 5, 2019
Joseph Jaap's answer
You can be apprehended and placed in juvenile detention if you are under 18. If there are problems, talk to a teacher, school counselor, or other trusted adult.
You can be apprehended and placed in juvenile detention if you are under 18. If there are problems, talk to a teacher, school counselor, or other trusted adult.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
