Everything was ordered in court but still waiting on entry
answered on Jan 23, 2024
Generally speaking, the judgment entry will be issued after the magistrate's decision. Generally speaking in Ohio, the court is expected to do so "timely" following an adjudicative hearing. If a magistrate is issuing a decision, you will have 14 days to file any objections to that... View More
He still wants his family to go on the cruise but his wife is threatening not to go and saying if he goes, he is abandoned his kids. But there’s no refund for the cruise and he doesn’t want me to go by myself. Will he be abandon his kids by the cord if he goes on the ship when there’s nothing... View More
answered on Jan 22, 2024
In Ohio, family law matters are typically governed by Ohio state laws, not Kentucky laws. However, if there is no existing legal agreement or court order regarding custody and visitation, your son is generally not legally prohibited from going on the cruise if his wife chooses not to attend. Until... View More
no school, if there is school then pick up time shall be after school*. The child in question is 4 years old. This school is also a daycare which is what the child attends at the time. Father is stating that means that since he is not in school, it is daycare, that pick up is 4pm everyday. I read... View More
answered on Jan 22, 2024
I would not interpret "daycare" as "school." Daycares typically provide child care services so that a parent can drop a child off somewhere relatively safe while the parent goes to work. Schools typically provide an educational curriculum in accordance with specific legal... View More
My daughter has anorexia and was diagnosed when she was 15. She’s been in a lot of treatment over the years. Last year she was in a treatment center that cost $15k out of pocket. My seperate agreements states we split medical bills. Does the splitting of medical bills stop when my daughter turned... View More
answered on Jan 22, 2024
In general the duty to support goes to age18 or graduation from high school, whichever comes later. If she hasn't graduated you may be able to enforce payment. If she has graduated then she is no longer part of your divorce decree and he has no duty to support.
In the state of Ohio
answered on Jan 18, 2024
In shared parenting situations, the rules regarding a child's possessions, like a phone, often depend on the specific custody agreement and parenting plan. It's important to review your custody agreement to understand if there are any guidelines or rules about personal items and... View More
This biological parent also changed the child's birth certificate to reflect the new spouse as the birth father. Also did not have permission from the other biological parent (me) for adoption. This parent did ask if the child could be adopted and change her name and was verbally told... View More
answered on Jan 16, 2024
In general, it would be highly irregular and potentially illegal for a biological parent to initiate an adoption process for a child without the consent of the other biological parent, especially if there is a legal divorce decree in place. Adoption typically requires the consent of both biological... View More
I have a therapist and after going for a few months I told her I wanted to move out at 18 to live with my grandma. I'm looking for a new job and have my own means of transportation, I plan to help with bills, and my grades are good. but I won't graduate for another 4 months and my mother... View More
answered on Jan 16, 2024
Yes, but while you are still in High school and living at home, your parents are responsible for your reasonable care, accommodation, and feeding. If you move out, you will relieve them of those responsibilities and they won't have to take you back if it turns out you can't cut it on your... View More
My boyfriends home parents are split up but neither home situation is healthy and/or safe for him. It is deteriorating his mental health and he needs to move out as soon as possible for his own well being. emancipation is not available in Ohio. However hes working on getting a job and already has... View More
answered on Jan 15, 2024
The only way he can legally move out of his parents house karma is with the involvement of the court. If his home life is truly presenting a substantial danger to him, a child protective agency needs to be involved. The only way a non-relative could succeed in transferring custody is if they have... View More
I am a minor at 15 years old(female) my aunt has continuously hit me, smacked me, and grabbed me roughly throughout my whole life. Today it got really bad and she almost choked me out and she had thrown me to the ground a few times. I am very skinny and weak and I can't do much when it comes... View More
answered on Jan 14, 2024
The answer depends on whether or not you reside with this aunt. If so, you may wish to speak with the child protective the service agency in your county. If not, you need to have a discussion with your parents, if they will not take action you may which to file an incident report with the police.
I have shared legal custody with my child’s mother. She lives in Ohio and I live in Pennsylvania. She is the custodial parent for school purposes as that is what we agreed upon initially during our original custody case when she was 5. My daughter is now 12 and wishes to move out here to... View More
answered on Jan 11, 2024
This is a very fact specific question. It is possible, given your daughter's age, that a court would lend more weight to her wishes. However, she's been established in Ohio for seven years. A court is going to be hesitant to upend her like that especially if she is doing well academically in Ohio.
answered on Jan 11, 2024
It's difficult for an attorney answering this question to know what "very little" means. Assuming we are talking less than a couple $1000, the family could file for an administrative relief from probate / summary administration. If the assets are even less than 1000 the family may... View More
The AO has since been modified to state that he carries the insurance starting in 12/23. He believes that since the order has changed, he is not liable for the 10 months he refused to pay, while under the previous order. The total owed is just over $2000.
answered on Jan 8, 2024
Since you're talking about the enforcement of a specific order, it's not possible to render in general education about that. Does the new order contain language settling and releasing your ex-husband from his obligations? What does the old order say about potential defaults? The specific... View More
Husband is in active addiction, I don't want a divorce because I'm hoping he'll get clean at some point but I will need to get custody of my daughter so he can't have her while in active addiction
answered on Jan 8, 2024
In the situation you've described, you will need to file a complaint for legal separation. It is similar to a divorce with the key exception that it will not terminate the marriage. However, once this is filed your husband may file a motion to convert the action into a divorce. Nevertheless,... View More
How much would it cost or where can I file for free
answered on Jan 4, 2024
The filing fees for a divorce vary from county to county. You need to contact the clerk of courts for the domestic relations court in the county in which you've resided for the past 90 days assuming you have been in the State of Ohio for at least six months. If that cost is unduly burdensome,... View More
answered on Jan 4, 2024
The parent seeking retroactive child support will have to file a formal petition with the court. Their petition must specifically ask for retroactive payments for certain dates and needs to include reasons that justify the support award. Reasons to seek retroactive child support include:... View More
My girlfriend has invited me into the home. Her mother doesn't want me there. She threatens to call the cops and get me removed. The roles were reversed a while ago and my mom wanted my girlfriend to leave the house but the dispatcher told her there was nothing they could do about it because... View More
answered on Jan 4, 2024
As a practical matter, this will be at the discretion of police arriving at the scene. Generally, no 17 year old as a minor can grant an invitation over the will of the adult who owns the premises. I do not believe the prior police officer's statement was a correct statement of law. One thing... View More
I spoke to a school official about my friend's safety at home. They made a report with CPS and CPS did a wellfare check. Somehow my friend's parents found out I instigated the report. Was my counselor or CPS allowed to share my name?
answered on Jan 3, 2024
If you ask for your name to be kept anonymous, it ought to have been. It doesn't seem clear from your question, however, how the parents you mention the actually stand out your name. They may have guessed it from the context. When you determine how you're information what's... View More
Hello,
I have sole custody of my teen.
The father was diagnosed with a serious mental illness over a decade ago.
This year the father's family had to take guardianship of him, and he was declared incompetent due to the course of his illness. Out of an abundance of... View More
answered on Dec 31, 2023
In Ohio, petitioning the court to terminate a parent's rights is a serious matter and typically reserved for extreme situations. Given the father's mental illness and recent declaration of incompetence, you have valid concerns about your child's safety.
You can petition the... View More
Hello,
I have sole custody of my teen.
The father was diagnosed with a serious mental illness over a decade ago.
This year the father's family had to take guardianship of him, and he was declared incompetent due to the course of his illness. Out of an abundance of... View More
answered on Jan 1, 2024
I agree with my colleague. When confronting a parent with mental health issues, one needs to gather all the relevant medical and therapeutic information. You should also keep in mind that Ohio law was recently amended to specifically direct courts that having any kind of disability cannot be the... View More
As this money was a marital asset, is it too late to try to get any of it back?
answered on Dec 28, 2023
In order to fully answer this question, an attorney will need to review the dissolution paperwork, including the separation agreement. Was this 20,000 that you mentioned actually listed in the affidavits accompanying the petition for dissolution? Was it mentioned in the separation agreement? Is... View More
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