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Ohio Family Law Questions & Answers

1 Answer | Asked in Family Law and Child Custody for Ohio on

Q: My ex is living with my daughter and a sex offender who was charged for being with a minor. What can I do to get her out

We have a shared parenting custody agreement in the divorce and I pay child support. He is her main source of child care since he is out of work and on house arrest. Is there any way I can become the resident parent?

Denise Rini Esq answered on Jul 18, 2019

File a Motion to Modify the Shared Parenting Plan and Motion for a Guardian ad Litem to be appointed in the Court where the divorce was granted. If you think it is an Emergency, file an Emergency Motion, though depending on the Jurist will depend how quickly you receive a hearing.

1 Answer | Asked in Family Law for Ohio on

Q: I’m 16 and want to go out, can i legally leave the house without my parents permission as long as i am safe

Joseph Jaap answered on Jul 17, 2019

No, you can't leave. They are legally responsible for you. Your parents could have you apprehended, and you could go to juvenile detention. Most teens dislike the rules their parents set. But it is the job of parents to set rules and limits. If there are problems at home, then talk to your... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on

Q: In the state ohio if a man pays child support and the child's mother signs her rights over to her mother does she still

Can she still recieve child support for that one kid since she signed that child's right over to her mother in Florida

Denise Rini Esq answered on Jul 16, 2019

Greetings from a steamy afternoon on the North Coast. No, the child support should be directed to the person who has Legal Custody. The Child Support Enforcement Agency can assist with the necessary paperwork.

1 Answer | Asked in Family Law and Child Custody for Ohio on

Q: What rights does my daughters dad have, we have never been married and he has not taken me to court for rights?

My daughters dad and I have shared custody (nothing legal just an agreed upon timeframe). On my time, he constantly is calling and texting me and harrases me if I don't answer his calls. He calls/texts anywhere from 5-20 times per night. It is excessive and he gets nasty when I do not respond. I... Read more »

Joseph Jaap answered on Jul 15, 2019

If you were not married, and no court granted him parental rights, then you have sole legal custody, and you do not have to allow him any contact at all. He has no rights until the court grants him rights. If he is harassing you, you can block him. If he is not paying child support, then file... Read more »

2 Answers | Asked in Family Law and Child Custody for Ohio on

Q: I need a lawyer to help me with my case with CPS but j dnt have alot of money

I need a pro bono or payment plan

Joseph Jaap answered on Jul 15, 2019

Check with local legal aid. If they are unable to assist, then call around to various attorneys to find one who would do a payment plan.

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2 Answers | Asked in Family Law for Ohio on

Q: My son wants to stay with father and go to school in his town until I get my own house. Do I have give temporarycustody

We were just evicted from our house and I have to stay with family until I can get a job and get back on my feet. My son doesn't want to stay there, he wants to stay with his dad and go to school there until I get my own house. How do I go about doing that ? Do I have to give him temporary custody... Read more »

Joseph Jaap answered on Jul 11, 2019

Check with the school in father's district to find out what they will require to allow him to enroll in that district. They might need a copy of the court's custody order. You might have to file with the court for a change of custody to his father if the school requires that.

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1 Answer | Asked in Family Law and Child Support for Ohio on

Q: Can I get visitation cancelled for my daughter's father?

He fails to follow the visitation guide and support order over the past 2 to 3 years. He does not come to see/ pick her up on Wednesdays nor on his weekends. We are going back to court on August 21st. He has just started coming to pick her up on his holidays and on his weekends. He rarely shows... Read more »

Joseph Jaap answered on Jul 8, 2019

File to modify the visitation, and explain all that to the court on August 21. Use the Find a Lawyer tab to retain a local family law attorney to assist you.

1 Answer | Asked in Civil Litigation and Family Law for Ohio on

Q: My brother held my dad against his will for a year he got DPOnow wants to unplug my dad can we stop him doing it 4 spit

My dad would not even speak to my brother after he held him against his will for a year and kept his social security checks now he wants to unplug my dad after just 24 hours of life support other family members run me out of the hospital because I wanted them to leave so I could spend these last... Read more »

Taylor P Waters answered on Jul 3, 2019

You should call a lawyer for a thorough evaluation. Whether your father has a will, a living will, advance directives, and more will affect the outcome.

1 Answer | Asked in Family Law for Ohio on

Q: In the state of Ohio, how is a marriage legally Solemized? Does the license have to be present and signed at ceremony?

If it is signed 2 days later but the officiant backed dated it, is it valid?

Joseph Jaap answered on Jun 27, 2019

The officiant must be properly licensed by the state of Ohio and must then sign and file the license within 30 days. The license does not have to be at the ceremony or be signed at the ceremony. So if it is properly signed and filed, it will be ok.

1 Answer | Asked in Family Law for Ohio on

Q: What can I do to make sure non custodial parent returns children

My ex lives in Illinois where the divorce was done. The children and I reside in Ohio. The last time he had the kids for the first of his two weeks in the summer, he refused to release them back to me. I had to get the sheriff involved. I am worried to release the kids for second week because... Read more »

Joseph Jaap answered on Jun 25, 2019

You can tell him if he does it again, that you will again call the sheriff, and then you will file a motion with the court to have him held in contempt.

1 Answer | Asked in Family Law for Ohio on

Q: My 14 year old granddaughter doesn't want to visit her mom. Her mother abandoned her for 8 months.

Do I have to make her go? Her mother has mental and physical and emotional problems. My granddaughter has a learning disability and anxiety. She doesn't want to go. Please help me.

Joseph Jaap answered on Jun 25, 2019

You don't have to force her to visit. But if there is no custody order granting you custody, then mother could come and get her and call the police if you don't allow it. But if mother is unfit, then talk to children's services or use the Find a Lawyer tab to retain a local family law attorney to... Read more »

2 Answers | Asked in Immigration Law, Family Law, Child Custody and Juvenile Law for Ohio on

Q: Can a permanent resident get emancipated without fear of deportation?

I’m a minor who wants to be emancipated when I graduate at 17 and 4 months old. My father and I are permanent residents. If I can completely support myself by graduation and petition the court for emancipation, will I have a chance for them to allow it? Will I be an illegal immigrant then because... Read more »

Joseph Jaap answered on Jun 24, 2019

Ohio does not provide for emancipation in most situations. Here is more information:

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

When you turn 18, you are then legally an adult. Use the Find a...
Read more »

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1 Answer | Asked in Divorce, Family Law and Adoption for Ohio on

Q: I am married but I also pay child support and there is no court order is it legal for her to keep my children from me?

I live in celina ohio my wife currently keeps the kids from me for long periods of time like hides for no reason. She currently moved out of this trailer and her neighbors said a bunch of crazy things about her and what happened when she lived there but any ways. There is No court custody agreement... Read more »

Joseph Jaap answered on Jun 24, 2019

If there is no court order for custody, then each married parent has equal rights to the child. Use the Find a Lawyer tab to retain a local family law attorney to review your situation and advise you of your options.

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Ohio on

Q: Me an my wife are technically still married she has not let me see my child talk to or let me know if he is ok

Ia this legal...she supposely went an filed harassment charges on me but i have yet to get any paperwork.. It has been over 3 weeks since ive seen him an she also wont let me get any of my daughters cloths or childhood things that mean alot to her. She sold all of my mowers weedeaters mini bikes... Read more »

Joseph Jaap answered on Jun 24, 2019

Use the Find a Lawyer tab to retain a local family law attorney who can review the situation and advise you about filing for divorce and getting temporary orders so you can see your child.

1 Answer | Asked in Family Law for Ohio on

Q: My 16 year old daughter wants to live with me, but her mother has been the resident parent since she was little.

My daughter has decided that she wants to live with me. Her mother is putting her through a unstable living arrangement. I was wondering the procedure in Ohio for changing custody?

Joseph Jaap answered on Jun 24, 2019

You would have to file with the court for a change in custody. The court would determine what is in the best interest of the child. The court can take into consideration what she wants, but not liking to live under her mother's rules would not be sufficient. Use the Find a Lawyer tab to retain a... Read more »

1 Answer | Asked in Family Law for Ohio on

Q: With a shared parenting agreement is my ex allowed to make medical decisions about our children without talking to me?

Agreement only states I'm residential for school. Doesnt cover anything else.

Joseph Jaap answered on Jun 19, 2019

Check your parenting agreement for what it says about those decisions. If ex is residential parent for that purpose, then ex makes the decision. Of course, the parenting agreement expects the parents to communicate all important decisions about the children, and requires sharing of medical... Read more »

1 Answer | Asked in Divorce, DUI / DWI and Family Law for Ohio on

Q: My stepson recently informed us that his mother drove drunk with him in the car. What is our best course of action?

My stepson is 13 and they were at a park for a party. His mother reportedly had been drinking, and then proceeded to drive home. Prior to leaving the park, she drove into a tree, as well, and her husband continued to allow her to drive home. My stepson advised that he was very scared, and my... Read more »

Joseph Jaap answered on Jun 19, 2019

The first step would be to talk to her about it. Does she have a problem? Is she alcoholic? Would her husband deny what your stepson says? Was an insurance claim filed for hitting the tree? If so, if you file with the court for a change in custody, and you could get a copy of that. Use the... Read more »

1 Answer | Asked in Family Law for Ohio on

Q: How do I file contempt of court papers in a family court?

Ex wife is not allowing visitation of child. We have shared parenting agreement and she is the residential parent. She also has possesion of vehicle we purchased together while married and is responsible for the payments and is chronically late on them. My wish is that she refinances the loan in... Read more »

Joseph Jaap answered on Jun 19, 2019

Check the court web site for the form to file a motion for contempt. If the web site does not have a form, check these links to forms:

https://www.supremecourt.ohio.gov/JCS/CFC/DRForms/Form21.pdf

https://www.supremecourt.ohio.gov/JCS/CFC/DRForms/Form22.pdf

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on

Q: My boyfriend and I have been together 3 years. Shortly after he got guardianship of his sisters 2 boys.

We are not married so my name is not on the paperwork, but for the better half of 3 years I have been their mom. They call me mom. I am the only one who works, he lives off the money the state provides him. I am the one who does 90% of everything for those boys. My boyfriend and I are not working... Read more »

Joseph Jaap answered on Jun 19, 2019

Unfortunately, you currently have no legal standing in relation to those boys. If your boyfriend is unfit, you could petition to have him removed as guardian and you be appointed their guardian instead. Otherwise, if you and he separate, he would determine when and if you can continue to spend... Read more »

1 Answer | Asked in Family Law for Ohio on

Q: Can CBS take 24 hour Custody Of children and can they remove the kids for 2 months with out A judge proval

My ex hit my kid While I was at work I rush home Because my mom called me and told me my son had a bruise on him I rushed him to the hospital and they called CSB. Csb told me that they were taken 24 hour Custody And removing the children from the home they went to my brothers but I was allowed... Read more »

Denise Rini Esq answered on Jun 17, 2019

CSB may not remove your child without an Order from a Court, either telephonic or in-person Court hearing.

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