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Ohio Family Law Questions & Answers
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...
Read more »

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 »

Matthew Williams
Matthew Williams answered on Jul 2, 2021

If you were unmarried when the children were born, and paternity has not been established and there is no court order, then you have custody, not him.

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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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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: At what point in paperwork, during a complaint for custody, do you state all the reasons you want custody of your child?

My nephew is trying to file for custody of his 5 month old son and was given a packet of documents to read and fill out, then file. The docs include, motion for visitation, complaint for custody, complaint or custody change, affidavits and service notifications, etc. When and where does he state... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 28, 2021

Your nephew can use the Find a Lawyer tab to call other lawyers to find one who he can afford and will work with him to assist in filling out the forms. Or your nephew can check with the court to find out if they have a legal clinic to assist those without an attorney.

2 Answers | Asked in Family Law for Ohio on
Q: Common Law Marriage in Ohio?......

my fiance and i lived together in OHIO for over 3 years. we both have proof of residency, wedding rings, joint car loans, we both have utility bills at the same residence... can i get proof of Common Law Marriage in Ohio ? if so what forms do i need ? how do i get the forms and Where ?

Joseph Jaap
Joseph Jaap answered on Jun 28, 2021

Ohio does not recognize common law marriage after 1991. So if your 3 years together were after 1991, then you cannot claim marriage in Ohio.

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1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: Need advice on what legal recourse I have when it comes to my unruly son?

I'm at my wits end. He won't listen to me or his dad. He has been truant from school most of the past school year. He has run away and continues to threaten to run away even after the cops found and brought him home. What do I do?

Matthew Williams
Matthew Williams answered on Jun 21, 2021

This is not a legal question. I would suggest you get family counseling. These sorts of behavioral issues are better addressed by psychologists and psychiatrists than by lawyers.

1 Answer | Asked in Family Law for Ohio on
Q: My 12 year old doesn’t want to see her dad why can I do
Matthew Williams
Matthew Williams answered on Jun 18, 2021

I really depends why she doesn't want to see if. If he is abusive, you can file a private custody action seeking to keep her away from him. If she's just 12 and being difficult, you may have to tell her the visitation schedule in the visitation schedule and it isn't optional anymore... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Ohio on
Q: My husband left me. I want the kids to live with me. What do I do?

Together seven years. Married two. I've been an at-home-parent most of that time. I am looking for work, but currently unemployed.

Joseph Jaap
Joseph Jaap answered on Jun 9, 2021

You can file for divorce and ask for child support and spousal support. Use the Find a Lawyer tab to retain a local family law attorney.

1 Answer | Asked in Family Law, Personal Injury, Legal Malpractice and Military Law for Ohio on
Q: My lawyer signed away my rights without me knowing. Should I sue?

I'm an active duty Marine stationed in NC. I'm from OH. Mother of my child was homeless and on meth so my mother assumed emergency temporary custody. She hired my attorney to protect my rights and then hired herself one by recommendation from my attorney. Both attorneys said for me not to... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 5, 2021

Ohio law governs the custody case. If you want to find out if you can sue your lawyer for malpractice you need to speak with a legal malpractice attorney in Ohio. You may also want to consult with a new family law attorney about the order in your custody case. You will need a copy of the entire... Read more »

1 Answer | Asked in Foreclosure and Family Law for Ohio on
Q: foreclosure notice Ohio help

We received a foreclosure notice for our house. The house has late payment for nearly a year. The house mortgage and deed is in my dad’s name. My dad traveled out of the US in Feb-2020 and he has a police warrant so he probably not coming back. My mom and two young brothers living in the house... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on May 24, 2021

They can continue to make payments. The bank doesn't care where the money comes from.

As to transferring the property the easiest way would be to obtain a divorce from your dad and take the house in the divorce subject to obtaining a refinance of the mortgage.

Call the attorney...
Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Can a non biological grandfather get visitation under grandparents rights?

Daughter died Dec 18th 2020. My significant other and I have been together as husband and wife for 13 years. Daughter and bio father separated but not divorced for 1.5 years. I (maternal grandmother) cared for baby while she was at work, since birth. We've filed for grandparents rights for... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on May 23, 2021

You need to refile under your name solely to have any hope here. Grandparents have no rights to visitation if the parents of the grandchild are legally married. They can get custody, but only if they are able to prove that the biological parent is unfit or abandoned the child.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: my step daughter is 17 years old. will be 18 in 6 months. Her mother kicked her out, took her house key,

her car keys, her phone and put her, clothes in trash bags on the porch and said good luck. She has been living with her father and i for a month. Now is telling her she has to come home. my step daughter does not want to go back. there was never any "custody" papers ever done and yes her... Read more »

Joseph Jaap
Joseph Jaap answered on May 21, 2021

Name on birth certificate does not matter. If the father and mother were never married, and no court ever granted parental rights to father, and did not issue a custody order, then the mother has legal custody. Mother could call the police to get daughter back, but mother could get in trouble for... Read more »

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: If my daughters biological dad hasn’t been in her life and is in prison for 5 years can my current boyfriend adopt her

Without his consent. He hasn’t been in her life at all hardly since she was born he has made threats and death threats to my family , his daughter and I

Joseph Jaap
Joseph Jaap answered on May 17, 2021

You and you boyfriend must get married before adoption is allowed.

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: if I leave my mom & goto my grandma & tell mom I don't want to live with her can she call the cops for "kidnapping"
Matthew Williams
Matthew Williams answered on May 11, 2021

She can call the cops sure. But that's not kidnapping. However, you risk being adjudicated unruly or delinquent, and if your grandmother helps you, she could be charged with an offense called interference with custody. In other words, your mother has a legal right to custody and if you just up... Read more »

2 Answers | Asked in Family Law for Ohio on
Q: Can I make my siblings contribute financially for parents housing?

My parents are on public assistance. They've lived with me or in my owned home for 20 years. My 2 siblings got married, had kids out of high school. I have an additional sibling (23 in school) living with them whom I supported as well. I put my life on hold 20 years ago to work to pay for... Read more »

Joseph Jaap
Joseph Jaap answered on May 11, 2021

Children do not have a legal obligation to support their parents. But they often it do for moral and ethical reasons. Some siblings have more morals and ethics than others. If you buy a house, your siblings have no obligation to contribute toward your mortgage or to compensate you for the... Read more »

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1 Answer | Asked in Adoption and Family Law for Ohio on
Q: I am a female in a domestic partnership. My partner has a son and the father is unknown.

How would my partner go about establishing custody or be able to get custody papers? It isn't something we've encountered until this year. Any suggestions would be appreciated.

Andrew Popp
Andrew Popp answered on May 7, 2021

You can check with the putative father registry. You can find information here:

https://jfs.ohio.gov/pfr/

Best of luck.

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