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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 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
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
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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
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
Landlord called CPS on me because my house was not clean. (I have suffered from a bad depression spell over the past month.) They also gave me a 3 day notice to vacate the premises. I have got the house cleaned but now it is a mess due to moving. No children are at home for the time being..they are... View More
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answered on Dec 20, 2023
In Ohio, you generally have the right to refuse entry to Child Protective Services (CPS) unless they have a court order or exigent circumstances. If CPS is investigating due to concerns about your home's cleanliness, it's crucial to address the issues promptly. However, you can discuss... View More
They came out to my house because they say . That my kid asked someone (Another kid ) if they were high . And said my kid was watching something on her phone like pornhub or something like that . Cps is saying I have to drug test for that reason .
answered on Dec 15, 2023
To get a warrant the government needs to establish probable cause that a crime has occured that is "sufficient information, derived from a reasonably trustworthy source, to warrant a prudent man in believing that a felony has been committed and that it has been committed by the accused".... View More
And I was told I need to file more wondering what else I need to do
answered on Dec 15, 2023
Generally speaking, objections will be considered by the judge in that court. Your objections should lay out why you believe the magistrate's decision was incorrect. The judge will then review those objections to see if the magistrate's decision should be reversed or modified. In some... View More
My father in law passed away recently without a living will and my husband is next of kin, but his father was living with his niece at the time of death who will not contact us. We are trying to get his affairs in order and My husband was wondering if he was aloud to collect his fathers things from... View More
answered on Dec 13, 2023
Your husband will need to open an estate administration case in probate court to exercise his rights regarding his father's estate. His cousin (the father's niece) has a right to keep people out of her apartment. Thus the only way to force her to do anything will be to get an order... View More
And file now given that they have almost been in prison a year and the last incident outside of threats have been about a year and two months with witness available?
answered on Dec 11, 2023
You should file if you feel you can prove by a preponderance of the evidence that either the offender was a family or household member and caused you physical harm or caused you to fear severe physical harm, or created a pattern of activity that caused you to fear physical harm. You ought to... View More
I pay child support to him, how do I change that to my mother since she has my duagther now?. He does not help nor has he reached out since my child moved to my mother's house in Sept.
answered on Dec 11, 2023
This really should be handled by an attorney. This case could turn on many facts not stated in the question. Why did Father have custody? Why is the chlid with maternal grandmother? It is likely your mother will need to file a Motion to intervene as a party and then file a motion to... View More
He said his attorney can get us through Franklin because he works in Franklin county. Also said i would only get 42% of his retirement plan.
answered on Dec 9, 2023
Not enough facts to properly evaluate. If there are children, the county with jurisdiction will be where the children have been for the past 90 days (assuming they have been in the state for 180 days). A spouse typically gets 1/2 or the Marital Portion of the retirement plan. The marital portion... View More
The person pays the mother monthly with a portion of their paycheck even when they don't get to see the child, there is no existing child support order due the fact of paternity not being established as of yet.
answered on Dec 7, 2023
Under these facts no one is going to jail. If there is no order, there is no arrears. If there is a pending case, the Court may award arrears, however, the obligor will have an opportunity to pay back them back over time. Seeing the child is a separate matter from whether one must pay support.... View More
In 2020 I was served with a no contact order that was entered into a case that I was not apart of and there was no hearing on the matter. As part of a CPS case against my wife for neglect of my stepdaughters, that has since been closed the judge made a judgment entry in the case of no contact but... View More
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answered on Dec 2, 2023
In Ohio, a no contact order can indeed be issued as part of a judgment entry, especially in cases related to family law or child protection matters. Such orders are generally issued to safeguard the welfare of those involved, particularly minors.
Regarding the duration of the no contact... View More
A family member has been required to pay child support to his ex-wife who has basically cut all ties to her 3 kids. The children live with the father and he provides all needs for them. The mother refuses to support the children at all and instead uses the child support money paid to her on her... View More
answered on Nov 29, 2023
If he's paying child support then most likely it is Order or Judgment of the court----please contact a few family law attorneys in your area, set up a consultation and take a copy of Order and Judgment and discuss the pro and cons of going back to Court to change it where the father has... View More
If a child is with the dad from christmas til new years and the mom asks if she can take him on a cruise during that time and he says yes can he later change his mind and keep the child for Christmas and the time he has in the custody papers or since the agreement has been writen down in text does... View More
answered on Nov 28, 2023
Technically, it is the court Order that controls where the child where children should be if the parties cannot agree. That being said, having had a written agreement to a one time alteration does complicate the situation. The facts you describe will not likely give you the ability to successfully... View More
The report was made a month ago. I have an ongoing custody battle with my ex. I was never questioned or investigated. The allegations were unfounded. However, the board of DD still shared the report with the guardian ad litem and it will be mentioned in court and detrimental to my case. I did not... View More
answered on Nov 25, 2023
This question is missing some critical details neccessary to answer it fully. Has discovery been conducted? Was it conducted by an attorney for this person? If the questioner has hired counsel this is a question for that attorney. Also it is crucial to know whether or not this is a dependency... View More
Across state lines with out him oking it.is this illegal
answered on Nov 24, 2023
Obviously, it's an abuse of process to swear out of false affidavit. Unfortunately, It is nearly impossible to get law enforcement to charge someone when it is connected to alleged domestic violence. Also, unfortunately for your brother, unless there are temporary orders in place regarding... View More
answered on Nov 23, 2023
Your rights are going to depend on your marital status with the mother. If you and mother were married, your rights are identical to hers. If you and mother are not married however. You ought to file a motion to establish your custody over the children. You may do this either petitioning the court... View More
answered on Nov 17, 2023
Under current state regulations they can. While the technical effective date of the voter initiated statute, is December 7, 2023, Ohio's General Assembly and the Department of Commerce and the Department of Development have yet to flesh out the new regulatory structure for the actual sale... View More
answered on Nov 11, 2023
A mooted motion is one where the requested relief is no longer neccessary. Typically it is where the person bringing the motion already has the thing for what has been asked. For example, if one had a motion for a return of a particular car and the respondent to the motion returns it before a... View More
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