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Ohio Family Law Questions & Answers
2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Ohio on
Q: Does SSI have to be paid back after death?

My grandfather died in june leaving his assets in trust to his son and daughter equally. His son (my dad) died before receiving his half of assets. My dad was on Supplemental Security Income at time of death and for last 10 years. The family says his half of the assets will pass into his estate to... Read more »

Andrew Popp
Andrew Popp answered on Oct 8, 2021

SSI works differently than the Medicaid program. While the federal government has mandated that state Medicaid programs are to seek reimbursement from the estate of a deceased under certain circumstances, it does not extend to SSI benefits. That being said, if an overpayment was made by SSI to... Read more »

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4 Answers | Asked in Family Law and Immigration Law for Ohio on
Q: I was legally married in Japan. Do I need an American marriage certificate?
Agnes Jury
Agnes Jury answered on Oct 1, 2021

As long as your marriage and marriage certificate is valid in Japan, your Japanese marriage certificate is fine for USA immigration purposes . Make sure to have the original and submit a Certified copy of the original document along with a translation (including certification of translation). Best... Read more »

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2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: Does the opposing attorney have to disclose evidence against me?

I am representing myself in 2 custody cases but i dont know what i need to be defending myself against. As i am my own attorney, doesnt their attorney have to disclose whatever evidence they have against me so I am able to build a proper defense?? Please help me!!

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 27, 2021

He doesn't have to just because. You have to ask him for it. This is generally done by serving 1) Interrogatories (written questions seeking information) 2) request for production of documents (documents that may be relevant to the case) and 3) admissions of fact. This is possible, but really... Read more »

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1 Answer | Asked in Family Law for Ohio on
Q: Does birth mom need permission from father?

I have a friend wanting to sign her baby over to my wife and I. Father doesn’t want to be involved with the baby and he has another child with her that he’s not involved with either. They aren’t together currently and have never been married. She’s scared of him because he has damaged her... Read more »

Andrew Popp
Andrew Popp answered on Sep 27, 2021

The analysis is too complex for this forum. You need to sit down with a family law attorney in your area to discuss the entirety of the situation in detail.

Best of luck.

1 Answer | Asked in Family Law for Ohio on
Q: My 16 year old male grandson refuses to go back to live with his single mother. The boyfriend is threatening
Andrew Popp
Andrew Popp answered on Sep 27, 2021

Your question seems to have been cut off. If he is a minor and there are delinquency issues, then contact law enforcement.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: What is considered contempt in a custody case?

Court order states no party shall block the other. The plaintiff put my messages to ignore on FB messenger so my messages were not getting delivered and if I tried to call it would automatically hang up. Would that be considered going against orders?

Cathy Cook Esq
Cathy Cook Esq answered on Sep 26, 2021

Based on what you report of the order, yes. However, I would prefer to see the entire section before stating if you would be successful on a contempt motion.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My daughter's father has tested positive for covid. Our daughter and myself have both tested negative.

She was/is with him for his time according to our shared parenting plan. He is refusing to allow me to pick up our daughter. Can I take her against his wishes and can I refuse visitation with him due to his positive covid result (

Cathy Cook Esq
Cathy Cook Esq answered on Sep 26, 2021

Generally, the Courts are not requiring parents to relinquish parenting time due to a positive COVID test. Has your daughter been vaccinated or is she too young? Does she have any health conditions? Is he wearing a mask, having her do so, and keeping distance?

You might see if her...
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1 Answer | Asked in Family Law for Ohio on
Q: My father died in April. I was never notified by his new wife. I am the only son. What should I do.

Father remarried after my mother passed. Items of mine and family members of my mother that she requested to be returned to her side of the family were never returned. I only learned of this death from a call of a debt collector trying to collect on something in my fathers name. Wife has never... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 24, 2021

It could be difficult or impossible for you find anything belonging to your father. His will might have left everything to his spouse. Use the Find a Lawyer tab to retain a local probate attorney to review all the facts and advise you of your options.

1 Answer | Asked in Family Law for Ohio on
Q: grandma is trying to kick me out of my house Grandfather left me she has residency till she passes I have power of att
Joseph Jaap
Joseph Jaap answered on Sep 7, 2021

If she has a life estate, then she can decide who can live there. Use the Find a Lawyer tab to retain a local real estate attorney who can review the deed records for the house and advise you.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Live in Ohio want to move back to TN where my mom and my kids grandma is (my mom). My husband and I may be separating.

Wanted to know if I can do this without his consent and it not be held against me or legal action be brought upon me. He has physically abused me in the past and recently threatened to.

Joseph Jaap
Joseph Jaap answered on Aug 31, 2021

Don't do anything until talking to a local divorce attorney. Use the Find a Lawyer tab to retain one. If you go to TN, he could file for divorce here in OH, the OH court would have jurisdiction, and could require you to return the children to OH. So talk to a lawyer who can review all the... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: can my parents kick me out of there house if i just turned 18 and a senior in highschool?
Matthew Williams
Matthew Williams answered on Aug 23, 2021

As long as you remain in school, your parents are required to provide housing until you graduate. Also, because you are a resident of your home, they cannot simply kick you out. You would have to be evicted.

2 Answers | Asked in Estate Planning, Family Law and Probate for Ohio on
Q: My God daughter's parents would like to name me as a stand by guardian in case they become incapacitated or die.

Both parents both children and myself live in Montgomery County Ohio. It looks like we want the designation of guardian form according to revised code 2111.121 written out with 2 witnesses and a notary public. I want to know if we're on the right track.

I did try contacting the... Read more »

Andrew Popp
Andrew Popp answered on Aug 12, 2021

In short, yes you're on the right track. You may want to contact the probate court clerks in Montgomery County. Each county is different, and some have specific documents for you to complete. The Court clerks can usually assist you or point you in the right direction.

Best of luck.

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1 Answer | Asked in Family Law for Ohio on
Q: she got the cpo and then 2 weeks later snuck and moved in while i was at work
Andrew Popp
Andrew Popp answered on Aug 9, 2021

Call the police. If she is trespassing in your property they need to remove her. Otherwise, if she has a legal right to be there, or if you fail to act you may run into tenancy issues and need to pursue eviction proceedings. You may want to sit down with an attorney in your area to discuss in... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: I'm currently working overseas and in need of legal representation to challenge the courts ruling.

The ruling has me in contempt of court and subject to 30 days in jail if I do not reimburse my ex-wife and pay her attorney fees within 30 days. I have a compliance hearing scheduled for 30 September.

Matthew Williams
Matthew Williams answered on Aug 6, 2021

You've indicated that you need a lawyer. You've also said you are overseas, and Justia has the question in the Ohio section with a location in Virginia. So the first step here is to figure out where you have court so you can seek out an attorney who practices in that area. You want to... Read more »

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Do my boyfriend and I (not married), who live in Ohio, have joint custody of our son who was born in another state?

I lived in Louisiana when my son was born. I was not married. My boyfriend and I filled out paternity paperwork and he is on the birth certificate. We now live in Ohio. Do we have joint custody or do I have sole custody?

Matthew Williams
Matthew Williams answered on Jul 27, 2021

While a lawyer would have to look at the laws of the various jurisdictions involved, it is very likely you have joint custody at this point. The whole point of filing out paperwork acknowledging paternity and getting yourself named the father on the birth certificate is to establish that... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Judge placed a no contact order against me and my spouse against my wishes. Is it possible to get the order lifted ?

She told me the order was temporary, However my spouse and I live together and have a infant . He is the breadwinner in the home and I am currently out of work with no income and he was ordered to leave the home . I am to have no contact with him whatsoever, not even through a third party . This is... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 22, 2021

Maybe. Use the Find a Lawyer tab to retain a local attorney who can review all the facts and advise you of any options and the workings of your local court. But it depends on the judge.

1 Answer | Asked in Family Law for Ohio on
Q: I'm a 16 year old wanting to go through a process of emancipation from my parents. Is this difficult to achieve?

I have a job, car, and can prove self-efficient.

Joseph Jaap
Joseph Jaap answered on Jul 14, 2021

Ohio does not have emancipation for your situation. Here is more information at this link:

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/family-relations/circumstances-say-whether-minors-are-emancipated/

It is normal for teens to want to escape their...
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1 Answer | Asked in Family Law, Child Custody, Child Support and Landlord - Tenant for Ohio on
Q: My Daughter is trying to get her ex boyfriends name off her apartment lease. He hasn't lived there for almost a year.

She has had major problems with him she finally got his key back and absolutely nothing in the apartment is his. They are going to be going through a custody battle come November and she needs to get on assistance for insurance for the child and she can't until his name is off the lease.... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 13, 2021

If she doesn't have an attorney, she should use the Find a Lawyer tab to retain a local family law attorney to assist her with the custody and child support issues, and communicate with the landlord about the problem. with the lease.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: How can I get Divorce, custody, child / spousal support help?

Hi, I'm a stay at home mom to 4 kids including a breastfed infant. My husband works 12 hours a day and 3 days off, but is not present when home as he smokes weed outside for hours on end. Or he's asleep because of medical issues and can't be woken up. I have a support system and do... Read more »

William Lehner
William Lehner answered on Jul 5, 2021

You should talk privately with a divorce lawyer. Don't be afraid. From what you said, it is most likely that it is in the best interest of the children for them to be with you. A Guardian Ad Litem can be appointed who would probably say that the kids should not be with a pot head. He would... Read more »

2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: Am I able to just leave with my children legally?

I'm 22 i have 2 children with my fiance, 26 whos abusive. I cant go anywhere else in the house or he'd get so upset.

He said i can leave him any time i want but my 2 boys have to stay with him. He doesn't do anything i have to tend to his every need while tending to my... Read more »

Joel Allen Holt
Joel Allen Holt answered on Jul 7, 2021

He's wrong. Mothers are presumed to be the custodial parents if unmarried at time of birth and if paternity is not established.

You are free to leave with your children. If he is abusive, you may want to consider contacting an attorney, legal aid, or your local domestic relations...
Read more »

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