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Ohio Family Law Questions & Answers
1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: Can my 12 year old kid walk on the sidewalk alone? About 2 miles is the farthest
Matthew Williams
Matthew Williams
answered on Sep 26, 2022

This stuff has become super subjective. I’ve seen folks charged with child endangerment in some really questionable circumstances.

An officer encountering the child is likely to take a bunch of stuff into consideration. What’s the neighborhood like? And I’m not just talking about...
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2 Answers | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Ohio on
Q: If I share a deed to a house with my spouse, and her mom's over and i dont want her over, can i have her mom trespassed

I am not married, but am considering it in a couple years, I couldnt find the answer online to this and am just curious. who has the advantage, if two people own a home 50/50 and one wants a guest over and one doesnt, who legally has the advantage, and how would this issue go about being resolved... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Sep 24, 2022

You are not trespassing if a co-owner invited you in. Do not expect the police to get involved.

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1 Answer | Asked in Family Law and Business Law for Ohio on
Q: Can a wife take over financial ownership because her husband is incompetent & his sister currently has power of attorney

His sister has had power of attorney for about 25 years and his wife of 12 years (together 16) is trying to get financial ownership of her and her husband, over his sister.

Joseph Jaap
Joseph Jaap
answered on Sep 19, 2022

Spouse can file for guardianship in probate court, which would terminate the sister's POA. Spouse should use the Find a Lawyer tab to retain a local probate attorney who handles guardianships.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: In Ohio can a judge refuse to postpone a trial if one party gets a new lawyer?

In a custody battle, my friend has gotten a new lawyer. Her previous one had been caught lying to her. The judge or court has refused to postpone the case, denying the new lawyer a chance to get caught up.

Joseph Jaap
Joseph Jaap
answered on Sep 15, 2022

Yes, the judge can do that. The judge might think it is a stalling tactic, or there might have been prior delays. And the Ohio Supreme Court sets deadlines for resolving divorce cases. The new lawyer can appeal, but might have to proceed with the trial on schedule.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Can a father with shared parenting of a minor give POA to step parent

With the shared parent order, parents were never married. Can father sign a health and education power of attorney to his wife (stepmom) without needing the mothers permission or signature.

Raquel Ann Parish
Raquel Ann Parish
answered on Sep 15, 2022

A parent can grant permission for a step parent to handle certain duties and responsibilities concerning their own child. However, issues may arise concerning the minor child if the other parent finds out that their child's opposite parent is relinquishing their duties and responsibilities to... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: Ive been charged with contributing to the delinquency of a minor...he turned 18 a week after our last court date

He moved out to care for his pregnant girlfriend and now they have a baby. Can I still be in trouble?

Matthew Williams
Matthew Williams
answered on Sep 13, 2022

Yes, the law is concerned with the state of affairs on the day the offense allegedly took place, not what has changed since.

1 Answer | Asked in Family Law, Elder Law and Landlord - Tenant for Ohio on
Q: Removing abusive adult son from home legally?

BIL is systematically attempting to remove MIL from her home and keep it. Claims that there is verbal agreement and refusing to leave, threatening suites. How to get him out.

Moshe Toron Esq
Moshe Toron Esq
answered on Sep 10, 2022

She should hire an attorney, go to court and file for an eviction. However, she must follow the legal procedures regarding notice, etc.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: Do I have to let my child's father have alone visits if I get child support? He is narcissistic and has mental issues ?
Raquel Ann Parish
Raquel Ann Parish
answered on Sep 7, 2022

Pursuant to Ohio Revised Code 3109.042 an unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. This means that the... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: can i get emer. custody of my 4 y/o and her 9 y/o sister who is not mine but I have raised since age 3 as mom is in jail

I have 4 yr old. her mom has 9 yr old which I have raised since age 3 (dad not in picture.) I have the girls at least 5 nights per wk. Mom is in jail. I want to get legal custody of both girls , but I need emergency custody now to make decisions regarding school, etc. since mom in jail

Raquel Ann Parish
Raquel Ann Parish
answered on Sep 7, 2022

The best place to start for custody in Ohio when parents are unmarried is the County Court of Common Pleas Juvenile Court. When parents are unmarried and there are different Fathers two cases must be opened one for each minor child. Many county courts have help with filing packets for child custody... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: I had a question about visitation without a court order

My daughter's dad didn't want anything to do with her and didn't want anyone to know he had a child with me until there was a court order to prove that she was his now he wants to see her by himself without anyone there for more than a couple of hrs, he has seen her only a total of... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Sep 2, 2022

In Ohio, when parents are unmarried, the mother is the residential parent and legal custodian of the minor child until there a court order stating otherwise. The mother has the say if she wishes to grant the Father parenting time. The Father will need to file papers in court to allocate parental... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: How to change custody order child been staying with non custodial parent for at least a year age 13

Points child wants to stay with non custodial

Custodial not providing correct school in wrong district

Custodial sometimes has no electricity or water

Custodial refuses to give care insurance card to get child care needed

Custodial has right for schooling... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 30, 2022

When parties need updated court orders concerning child custody in Ohio they can file a Motion for Change of Parental Rights and Responsibilities in the same case where there is already a court order. There are some forms available online from the Ohio Supreme Court which can be found at this link:... Read more »

1 Answer | Asked in Divorce, Family Law, Real Estate Law and Landlord - Tenant for Ohio on
Q: I need help I'm homeless and low income. Illegal lock out and She lied on equity at the divorce. I had no lawyer

Divorced 9/07/2021 in Ohio she was awarded the house but never finished the quick deed. I never signed a quick deed.My name is on mortgage and as of now it is still on the deed. She can't refinance cause she bought a new car after the divorce. The morgage company keeps calling due to missed... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 22, 2022

Parties to a Divorce can file a Motion under Ohio Rules of Civil Procedure 60 B to request the court to grant relief from a Divorce or Dissolution judgment or order. Motions can be filed based on mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud; etc. The motion shall be... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Does this need signed in front of a notary or sent to the court before we can complete the school transfer?

Under our court ordered parenting plan, it says that we must have a written agreement before either of us can transfer our sons school or a judge will make the decision if we can’t agree. What all needs to be included in this written letter, and does it need to be signed in front of a notary and... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 15, 2022

Pursuant to Ohio Revised Code 3109.04 (E) (2) (A) Both parents under a shared parenting decree jointly may modify the terms of the plan for shared parenting approved by the court and incorporated by it into the shared parenting decree. Modifications under this division may be made at any time. The... Read more »

1 Answer | Asked in Family Law, Personal Injury, Juvenile Law and Social Security for Ohio on
Q: Im 17 years old (18 in nov) could I take legal action against my mom for dental neglect and keeping my survivors benefit

My mother keeps my insurance cards from me so I cannot make appointments on my own and denys me dental care appointments as a form of punishment when I have an abscess tooth and a gum disease I believe. I have asked for years to go to a dentist as I've had this abcess for years. (Around 2... Read more »

Joseph Jaap
Joseph Jaap
answered on Aug 12, 2022

Talk to a teacher, school counselor, or other trusted adult about your situation. They will be able to find the help you need.

1 Answer | Asked in Family Law for Ohio on
Q: I am the defendant in an ex parte emergency motion for temporary allocation of parental rights and responsibilities.

I am the custodial parent living in NC. The father brought the complaint in Ohio. I have a deadline to answer to complaint and am wondering if i can ask for a continuace in order to retain counsel and if so how?

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 10, 2022

In Ohio, filing Motions for Ex Parte Emergency child custody orders varies county to county. They are not permitted in all counties and if they are permitted parties must meet the applicable legal standard to receive such an order. When an Ex Parte Motion is granted the court is required to hold a... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: My name is Cierra I am asking about being able to move out a few months before I turn 18

Me and my mom have been having ongoing issues between each other and it doesn’t get better and I have talked to my grandma about her and she has said I was welcome to live with her to have somewhere to go till I turn 18 in a few months or graduate highschool this school year, too specify more I... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Aug 8, 2022

Pursuant to Ohio Revised Code 2919.23 no person, knowing the person is without privilege to do so or being reckless in that regard, shall entice, take, keep, or harbor a minor child from the parent, guardian, or legal custodian. A parent guardian or legal custodian must give permission for a minor... Read more »

1 Answer | Asked in Child Custody, Family Law and Landlord - Tenant for Ohio on
Q: Grandson has DV convictions against me. He turns 18 in Jan. Do I have to evict him or can I kick him out? I have custody

I own the house. He's physically and emotionally abusive daily. He's been in detention over a dozen times in the past 5 years. He's been in short term psychiatric stays in excess of a dozen times as well. Law enforcement has been to our home multiple times and I do not feel safe.... Read more »

Matthew Williams
Matthew Williams
answered on Aug 7, 2022

If he lives regularly in the home, you have to evict him.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Ohio on
Q: Medicaid estate recovery

My mother-in-law received Medicaid benefits while she was in a nursing home. Upon her death the house and other assets were left alone as her husband was still alive. If us kids sell his house and vehicle before he dies will the state of Ohio stop the sale? If not, what happens when my... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Aug 1, 2022

If you sell the house now, Medicaid cannot take any of the sales proceeds, since your father-in-law is still alive. He can then spend the money as he sees fit on items for himself. Once he passes, then technically, Medicaid has a claim against the remaining funds from the sale. However, with some... Read more »

1 Answer | Asked in Divorce, Family Law and Small Claims for Ohio on
Q: My ex and i have a suv together. He took it from me while i was at work. Can I take it back in the same manner?

4 years ago we bought the suv together. 2 years ago I found him cheating, and kicked him out. He kept the car we paid off, and I drove (and paid for) that one. The other night I was at work, and he came and took the car. He sent me a text message saying he had it and to not report it stolen. He... Read more »

Joseph Jaap
Joseph Jaap
answered on Aug 1, 2022

It depends on if he is an ex-boyfriend or an ex-spouse. If he is an ex-spouse, then the divorce decree and property separation agreement determine who gets the vehicle. But an unmarried couple does not have the same legal process for dividing a vehicle as in a divorce when they split up. If he... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My friend needs to file for Paternity my question is the mother moved to a different state what state does he file in

He is in Ohio and she is in West Virginia the baby was born in Ohio

Joseph Jaap
Joseph Jaap
answered on Aug 1, 2022

If he establishes paternity, he will be paying child support until the child is 18, totaling tens of thousands of dollars. If the child will be staying in a different state, he will have little contact. He should use the Find a Lawyer tab to talk to an OH family law attorney first, but he might... Read more »

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