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Ohio Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Ohio on
Q: 45 yrs living & paying property tax in brothers house. Do I have a claim now that he died with deed in his name?

I have lived in family house about 30 years, maintained all of it, paid all taxes to date. My mom used priest many years ago to put house in me and my bro name when she died but house only went in his because of a nasty divorce I had when younger and I cannot find the priest or have paperwork. My... Read more »

Andrew Popp
Andrew Popp
answered on May 23, 2022

There is no short answer to this question. I highly recommend sitting down with an attorney to see if there are any avenue's you can take in trying to keep the house.

Best of luck.

2 Answers | Asked in Family Law for Ohio on
Q: I live in Oregon and my children live in Ohio with their father. I have the kids during the summer and holidays. Today

A detective called me and said my ex husband is under investigation. I need to file for emergency custody, but I'm not sure how to.

Joseph Jaap
Joseph Jaap
answered on May 18, 2022

What you do depends on if you are currently married to the father, never married to him, or divorced with a court-ordered parenting plan currently in effect. Use the Find a Lawyer tab to contact a family law attorney in the county where the children reside review the situation and advise you of... Read more »

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1 Answer | Asked in Family Law for Ohio on
Q: Grandparent visitation. I’m the mother the paternal grandmother is requesting a schedule that is unrealistic.
Joseph Jaap
Joseph Jaap
answered on May 18, 2022

If you can't resolve it with her to find a mutually agreeable schedule, then attend the hearing and present your plan to the judge. Use the Find a Lawyer tab to retain a local family law attorney to assist you.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Q: I know this is asking for a miracle. Are there any pro bono or low cost lawyers in Columbus Ohio for Father's Rights?

I have had both of my children ripped from underneath me. I pay child support for one and they left the state and I have no clue where she is. My son had an incident last year with his mother where children services were called on her and nothing was done and now she has moved out of state. I feel... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on May 12, 2022

The Legal Aid Society of Columbus may be able to help. The Legal Aid Society of Columbus (LASC) exists to provide free assistance and guidance to those attempting to navigate our complex legal system. In order to qualify for free services at The Legal Aid Society of Columbus, you must meet income... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: My lawyer said i didnt need to put my sons legal last name on anything that was not a legal document. Is that still true

We have legally changed his name but Have not yet gotten his birth certificate changed. His new name is hyphenated and for football he'd like to go by just one of the last names but we were told he cannot.

Raquel Ann Parish
Raquel Ann Parish
answered on May 9, 2022

Parents who need to make corrections or edits to a child's birth certificate can fill out a birth certificate Affidavit of Correction and submit it to any county local public health office. Information to change a birth record, form and locations of health offices can be found at this link:... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: I have many questions on family law and how to get these laws changed. Contempt charges are a joke.

Most divorce laws are ridiculous and something needs to be done. No wonder divorce is so stressful. I am having so many problems with my almost ex not doing anything or giving me paperwork and he gets away with it

Raquel Ann Parish
Raquel Ann Parish
answered on May 9, 2022

The Ohio Supreme Court has provided forms concerning filing for Contempt at this link: https://www.supremecourt.ohio.gov/JCS/CFC/DRForms/courtOrderEnforcement.asp

Other Ohio Family Law forms are also available from the Supreme Court on their website. Ohio Revised Code Section 2705.031...
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1 Answer | Asked in Family Law and Animal / Dog Law for Ohio on
Q: Can I be sued even though he left her for a month with no check ups?

In 2019 we got a dog. Then she became everyone’s since I worked. He would always say it’s his dog but no legal papers saying he has ownership. Recently he moved. And I registered her under my name and now he is threatening to sue me. And he didn’t care about her for over a month since he’s... Read more »

Joseph Jaap
Joseph Jaap
answered on Apr 27, 2022

A dog is considered personal property. If he sues you to get the dog, the court will determine who is the rightful owner based on all the evidence and testimony. You can use the Find a Lawyer tab to retain a local attorney if he sues you. Until then, you don't have to respond to him.

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: If i have kinship care of a child for a longer period of time and then family steps forward requesting to adopt her.

Will i have any say or pull to adopt her? Can the guardian say she's bonded to us?

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 26, 2022

A kinship caregiver can file for legal custody or adoption of a child. The difference is that parents can still have residual rights when a third party has legal custody but in the course of an adoption the parental rights are permanently terminated. The court will not necessarily grant a kinship... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Can my baby daddy's family take custody of my unborn child for no reason

I am currently in foster care, and I planned on going back to my home and they wanna take the baby because they said he will not be safe there so if there is no evidence of him not being safe can they take him?

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 20, 2022

Pursuant to Ohio Revised Code 3109.42 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. The Father or his... Read more »

1 Answer | Asked in Family Law, Federal Crimes and Sexual Harassment for Ohio on
Q: Hi, I know that this is a big question, but what is the statute of limitation for Childhood sexual abuse?

It happened in Ohio, but I live in Kansas now. There are also other witnesses to what happened to me. He also showed me C.P. as I was told by 2 key witnesses... This was my grandfather that did this to me

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 19, 2022

Pursuant to Ohio Revised Code 2305.111 (C) An action for assault or battery brought by a victim of childhood sexual abuse based on childhood sexual abuse, or an action brought by a victim of childhood sexual abuse asserting any claim resulting from childhood sexual abuse, shall be brought within... Read more »

2 Answers | Asked in Family Law and Divorce for Ohio on
Q: Dividing marital assets-does using dividend checks jointly make the principal amount on an inheritance community prop.?

The inheritance was left in one spouse’s name and in separate investment account. Quarterly dividend checks have sometimes been used for items for both spouses. Principal never been cashed or moved.

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 19, 2022

Ohio is not a community property state. Pursuant to Ohio Revised Code 3105.171 the Court must make an equitable division of all marital property. The Ohio code states that marital property does not include any separate property and that separate property can be found if one spouse has received an... Read more »

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2 Answers | Asked in Family Law for Ohio on
Q: I am representing myself in a grandparents visitation case in Ohio. Do I have to submit my evidence in advance?

My daughter was an unmarried minor when she had my grandson and they lived with me for 2 years until she graduated high school. She has kept any contact with my grandson for the past 6 months, ever since someone called CPS on her. I have tax documents, a witness, and pictures that I would like to... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 13, 2022

When parties for custody cases in Ohio wish to introduce evidence at trial they generally must follow the Ohio Rules of Juvenile Procedure, Ohio Rules of Civil Procedure, the Ohio Rules of Evidence, the local rules of court and/or any case schedule regarding submission of trial exhibits. Providing... Read more »

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: What is the age in Ohio kids can choose which parent to live with

My ex husband has full custody of my kids which is a while mother story of his deceit but he doesn’t have insurance on the kids will not take them to the doctor and there is 13 people living in his 3 bedroom ranch double wide what can I do to get my kids out of this situation my 13 year old... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 11, 2022

Pursuant to Ohio Revised Code 3109.051 (B)(2) A motion may be filed ... if the circumstances in the case have changed, at any time after a decree or final order is issued in the case (divorce, dissolution of marriage, legal separation, annulment, or child support). Where the best interest of the... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: What are the grandparents right in Ohio for unmarried couples? And if the mother say no don’t they have to listen?
Nicholas P. Weiss
Nicholas P. Weiss
answered on Apr 10, 2022

A grandparent has the right to seek reasonable visitation of grandchildren if the parents are not married and at no time were married to one-another. An analysis is conducted on the best interest of the child standard. However, special weight is given to the parent as to whether it is in the best... Read more »

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Ohio on
Q: Forgot to say in my previous post...

I forgot to say a few more things about that equity line of credit issue with my mother. Her house is in disastrous condition and is worth far, far less than what she owes the bank. So the bank simply taking the house, I don't think that will satisfy them, unless (I hope) by law that's... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Apr 6, 2022

It depends on the loan agreement.

In any event, you are not personally responsible for the loan.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Ohio on
Q: Home Equity Line of Credit -- Will I be responsible?

Years ago the bank made me a co-owner (joint checking account) of my mother's checking account. I wanted to just be POA to help pay her bills, but they made me a joint owner instead. She has a $55,000 line of credit on her home that she will never pay off. She is under hospice care and pretty... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Apr 6, 2022

They will foreclose on the house to get paid.

They can't go after you personally.

1 Answer | Asked in Family Law and Child Support for Ohio on
Q: I'm already on child support for one child an she want to put me on child support for another child would I have two.

Would I have two child support orders or 1

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 1, 2022

There is a separate case for each child in Ohio when the parents are unmarried. However parents can ask the court to combine the cases for purposes of hearings and calculations if the parties are the biological parents of the children.

2 Answers | Asked in Family Law and Juvenile Law for Ohio on
Q: Can I kick him my 16 year old out?

My 16 year old son is leaving the house and staying gone for days. He will not respond to calls when calling him and is quick to let me know he is grown and dont have to ask permission to leave or answer calls, however I pay his cell phone bill. He's also disrespectful and will often try to... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Mar 31, 2022

Under the Ohio Revised Code a minor child cannot simply apply to a court for emancipation. Generally, a parent must support a minor child until age 18, or beyond age 18 if the child attends high school on a full-time basis, is incapable of being self-supporting due to disability or if parents... Read more »

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I live in ohio, my daughter's mom bought, pays for her cell phone. by law do I have to allow the phone in my house??

My daughter live with me. Will not do chores when she has her phone

Joseph Jaap
Joseph Jaap
answered on Mar 28, 2022

It depends on what the parenting agreement says regarding communications and cell phones. Try to work it out.

Check if the agreement requires mediation of any disputes. If that doesn't work, then file with the court for a clarification.

2 Answers | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: If my children are in a different time zone than what our court order states- what time zone do we follow?

Our court order states “ Father shall be permitted to have contact with the children by phone,

Instagram, Facetime, skype or similar electronic media a minimum of three

times per week for a maximum of up to one hour. The days and times may be

agreed upon by the parties. If... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on Mar 28, 2022

The history of the parties plays a big role in how they conduct and carry out the terms of a shared parenting plan or child custody visitation order. Given the complexity of any case with a GAL etc there must have been some temporary orders in place while the case was pending. How were phone and... Read more »

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