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Ohio Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Can I put airtags on my kid's befor sending them over to there mothers

I am father and I'm legal guardian Of my children mother just gets visits she is court ordered to do them at her mother's house she has only been using her mother's house as a drop off and pick up location. So I stopped her visits and Filed export On her. The judge told me I cannot... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 9, 2023

You likely can put them on but they may have limited evidentiary value. There is not any current caselaw on the use of airtags but you could certainly use them for all other times the children are in your care so perhaps if it attached to something that always goes with the child that could... View More

1 Answer | Asked in Child Support and Family Law for Ohio on
Q: My daughter with her mother moved to Tennessee in 2017. Do I have to keep paying child support after she turns 18?

She turned 18 and graduated high school. She plans joining the military and has a job. The case was transferred to Tennessee and now Ohio where I live. Legal age here is 18 but since the order originated in PR the court is going by the 21 legal age.

Todd B. Kotler
Todd B. Kotler
answered on Aug 9, 2023

The Court and CSEA must follow the language in the latest support Order. You may file a motion to terminate support based on your daughter's emancipation once she is sworn into her enlistment. The court will then arguably have authority to rule on the matter. This is no guarantee but your... View More

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: How can I file visitation/ custody forms with little to no money?

the paternal grandmother of my daughter is keeping her away from me. She was granfull custody when I was in prison without me signing any papers or going in front of a judge , she was supposed to only get temporary guardianship

Todd B. Kotler
Todd B. Kotler
answered on Aug 9, 2023

I suggest you research your county's clerk of court's website and first figure out whether your matter will be in Domestic Relations or Juvenile Court. In most Ohio counties unmarried parents resolve custody disputes in Juvenile Court. Then file a motion to modify parental rights and... View More

2 Answers | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: Will biological fathers court paper interfere with my husband and I's adoption process?

My husband and I are going to be starting the adoption process, we have had our appointment for a few weeks now. However, bio father just filed a petition to the courts for shared parenting/paternity. Paternity was never established. Bio father has not supported our child for 1 year and 1 month... View More

Nicholas P. Weiss
Nicholas P. Weiss
answered on Aug 8, 2023

You will in all likelihood prevail on your stepparent adoption. In Ohio, when a biological parent has failed, without reasonable justification, to provide support for over a year to a minor child, his consent is not necessary to proceed with the stepparent adoption.

There will be two...
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2 Answers | Asked in Family Law and Elder Law for Ohio on
Q: How to have elderly parent who refuses medical treatment deemed incompetent but not apply for guardianship?

My elderly parent is incompetent. She stopped taking her medications, stopped going to her doctor appointments. Is losing her memory. Being scammed online. The list goes on. But I am not in the position to apply for guardianship. I'm struggling with my own responsibilities. I can't be... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 6, 2023

The quick answer is that you cannot have someone deemed incompetent and not have a guardian appointed. That being said you do not have to be the guardian yourself. You can have the court appoint an attorney as guardian of the ward's estate if you cannot serve yourself. This forum is no... View More

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2 Answers | Asked in Family Law and Elder Law for Ohio on
Q: How to have elderly parent who refuses medical treatment deemed incompetent but not apply for guardianship?

My elderly parent is incompetent. She stopped taking her medications, stopped going to her doctor appointments. Is losing her memory. Being scammed online. The list goes on. But I am not in the position to apply for guardianship. I'm struggling with my own responsibilities. I can't be... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 6, 2023

The quick answer is that you cannot have someone deemed incompetent and not have a guardian appointed. That being said you do not have to be the guardian yourself. You can have the court appoint an attorney as guardian of the ward's estate if you cannot serve yourself. This forum is no... View More

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2 Answers | Asked in Elder Law and Family Law for Ohio on
Q: What to do when an elderly parent is no longer competent.

My 2 young children, my wife and I have lived with my elderly mother in her house (that she owns) for the past 5 years to help care for her, as well as the home. She has recently stopped taking her medications and seeing her doctor. She drives her car recklessly. (Has new, lrg damage to drivers... View More

Nicholas P. Weiss
Nicholas P. Weiss
answered on Aug 4, 2023

Unfortunately this is likely a time to seek guardianship over your mother. If she is declining and isn't able to take care of herself, you will need to petition the probate court to obtain guardianship over her. If she refuses to see a doctor who can perform a competency exam, you will also... View More

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2 Answers | Asked in Elder Law and Family Law for Ohio on
Q: What to do when an elderly parent is no longer competent.

My 2 young children, my wife and I have lived with my elderly mother in her house (that she owns) for the past 5 years to help care for her, as well as the home. She has recently stopped taking her medications and seeing her doctor. She drives her car recklessly. (Has new, lrg damage to drivers... View More

Joseph Jaap
Joseph Jaap
answered on Aug 4, 2023

Check your local court web site for the information required for guardianships. Many courts post that on-line. Use the Find a Lawyer tab to retain a local attorney who handles guardianship cases and discuss the situation and what will be required, which might be complicated a bit because you... View More

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2 Answers | Asked in Divorce and Family Law for Ohio on
Q: Husband filed a disillusion and is pushing me to sign it I told him I want spousal support

He redid the paperwork and said his lawyer said we come up with an amount not the judge

Todd B. Kotler
Todd B. Kotler
answered on Aug 3, 2023

All i can state based on the information provided is that you have a right to have the dissolution petition and proposed separation agreement reviewed by an attorney. You may certainly agree to anything you actually wish, however you really should have a local lawyer review your facts and the... View More

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1 Answer | Asked in Family Law and Gov & Administrative Law for Ohio on
Q: Can I get help replacing all lost documents?

My adult daughter was homeless and staying with us (her parents) from time to time but moving around and had lost most of her documents. She's trying to get her life back on track and is staying with us more and more and we're on the road to replacing what she's lost and we've... View More

Tim Akpinar
Tim Akpinar
answered on Aug 2, 2023

An Ohio attorney could advise best, but your question remains open for a week. Most large agencies have provisions for replacing lost cards or other documents. Depending on what it was that was lost, you could approach the respective agencies (Department of Motor Vehicles, Social Security... View More

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Can we terminate biological mothers rights in Ohio?

Soon-to-be stepson's (he is almost seven) biological mother has had no contact with him since January 2021. We have had full custody since December 2020 (she didn't show up to his custody hearing) after she was arrested for felony drug charges in December 2019. We are getting married soon... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 2, 2023

It sounds like you are wanting to do a stepparent adoption.

The Petition for Adoption must be served upon the step-child's "other" natural parent. Typically, both natural parents must sign a written form consenting to the adoption. If the "other" natural parent...
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1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: How can I get my son back from his dad?

My son is 4, his dad & I are not & never have been married. I had an accident in October so he’s had him but every time we make a date for me to get him back he doesn’t answer or tells me to come with the police because he is not giving him to me. What can I do ?

Joseph Jaap
Joseph Jaap
answered on Aug 1, 2023

Call the police yourself and go pick up your son. If no court has granted parental rights to the father, then he has no legal right to keep him. But he could go to court and seek parental rights. Use the Find a Lawyer tab and retain a local family law attorney to assist you.

1 Answer | Asked in Family Law, Divorce and Child Custody for Ohio on
Q: I am leaving my husband due to mental abuse to me & our child can I move to another state there is no court orders

I had our daughter in 2018 and me and him was not married we got married in 2021 she was diagnosed with Autism in 2020 and she's always with me he doesn't take care of her or anything even tho we live in the same home, he tells me to take her and move where I came from and he says a lot... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 29, 2023

The simple answer is if there is no Order in place, either of you could move. However, be aware that you could not file for divorce or a custody in that other state until you have resided there for at least 6 months and at least 90 days within the same county, due to the Uniform Child Custody... View More

2 Answers | Asked in Family Law and Estate Planning for Ohio on
Q: Is it illegal to write someone's will the way their wife wants it wrote?

Is it illegal to write someone's will the way their wife wants it wrote?

Is it illegal to write someone's will the way the state would distribute things instead of writing it the way the deceased wanted it wrote?

Does a wife have any say in how her husband's will is wrote?

John Michael Frick
John Michael Frick
answered on Jul 26, 2023

Ultimately, it is up to the testator (the person who is signing the will) to give clear instructions to the attorney preparing the will as to what the testator's wishes are. The testator may, but is not required to, consult with his wife and may or may not honor whatever she thinks he should... View More

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2 Answers | Asked in Family Law and Estate Planning for Ohio on
Q: Is it illegal to write someone's will the way their wife wants it wrote?

Is it illegal to write someone's will the way their wife wants it wrote?

Is it illegal to write someone's will the way the state would distribute things instead of writing it the way the deceased wanted it wrote?

Does a wife have any say in how her husband's will is wrote?

Todd B. Kotler
Todd B. Kotler
answered on Jul 27, 2023

My colleague Attorney Frick is correct. The quick answer to your questions are

Is it illegal to write someone's will the way their wife wants it wrote? No IF they are in agreement AND the wife is not exercising undue influence (threatening the testator with violence, abuse, etc,)...
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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My sons father is keeping from me.

Me and my sons father was never married so I was told that under alabama law I had full custody. We never went to court over custody. My son and I moved to Ohio at the beginning of this yeah with the fathers permission. I took my son to visit him for around 2 weeks 3 or 4 times and when I did so I... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 26, 2023

Contact the insurance company again. Write them this time and state that at all times the child has resided with you and since January in the state of Ohio. Explain that father has not sought out his parental rights and responsibilities and that you per Ohio Law are the sole custodian. Again do... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My ex is trying to withdraw his permission for me and my son to live in ohio.

So I moved to Ohio at the beginning of this year with my sons father's permission(because I moved from Alabama I was told I had to have his permission even though he dosent have any custody) I took my son to see him several times during my stay in ohio. But this last time I am being told by... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 25, 2023

This question needs additional information. Is there an existing court order? If so, out of which state? A court that makes a child custody determination has continuing exclusive jurisdiction. So if Alabama issued an order that county still has jurisdiction. You need to review that... View More

1 Answer | Asked in Family Law for Ohio on
Q: How do I go about changing my child’s last name in ohio? Her father is on the birth certificate but currently in prison.

Would I be able to change my child’s last name without the other parents consent? Me and her father were never married

Todd B. Kotler
Todd B. Kotler
answered on Jul 25, 2023

The applicant for the name change of a minor should obtain the consent of both parents of the minor child. A signed and notarized Consent to Name Change should be obtained and filed by the consenting non-applicant parent(s). If the signed consent is not obtained, notice of the hearing must be... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: How can I file for my child’s fathers rights to be revoked in ohio

I have a daughter who is 18 months old. Her biological father is on the birth certificate but has not done Anything for her in over 6 months. Can I file for abandonment and have him removed from the birth certificate and his rights revoked? He is on child support and has not paid one payment. I... View More

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jul 25, 2023

If you are unmarried, he already has no rights. Ohio law does not provide for any custody or visitation for an unmarried father absent a court order. You don't have to do anything.

If you would like to strip him of any parental rights, the only way to do that is through a stepparent...
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1 Answer | Asked in Family Law for Ohio on
Q: I have a shared parenting agreement with my kids dad and he has cockroaches and bed bugs do I need to send the with him?
Todd B. Kotler
Todd B. Kotler
answered on Jul 25, 2023

You need to follow the agreement. You should document the problem through your correspondences with Dad. FInd out what his plans are to remedy these hazards. Ask when it will be fixed. If the amount of time is unreasonably long you should then file a motion to modify or terminate the shared... View More

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