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Ohio Juvenile Law Questions & Answers
1 Answer | Asked in Juvenile Law for Ohio on
Q: If you are severed court papers but it has the wrong name do they have to drop it ?

My son is being charged as a delinquent minor, he was at my sisters house drinking, the law was called because my sister and her husband was fighting, my son wasn’t violent at all or unruly other than drinking! When we got the court papers they filed charges under the arresting officers name and... Read more »

Matthew Williams
Matthew Williams answered on Jun 19, 2020

You’re almost certainly looking at a complaint signed by the officer. You should get a lawyer for your kid.

1 Answer | Asked in Family Law, Juvenile Law and Landlord - Tenant for Ohio on
Q: In Ohio with my parent's permission is it possible for me to move into an apartment at 16 & have my dad sign the lease?

Basically with the situation I am now has made me start to look at apartments. When I get my car, I would like to move into an apartment by myself and have my father or mother sign the lease. Is it possible for me to do so legally?

Taylor P Waters
Taylor P Waters answered on Jun 9, 2020

The landlord will likely want a parent as a guarantor on the lease. Because you're a minor, you cannot legally enter into binding contracts, and without a parent/adult also on the lease as the responsible party, a landlord is unlikely to rent to a minor. A landlord may also be hesitant to... Read more »

1 Answer | Asked in Juvenile Law for Ohio on
Q: My 15 year old niece has been staying with me for two months and wants to move in with me, she is from Michigan.

Her home life with my sister in Michigan is not very good but my sister doesnt want her to live in Ohio with me. What can I do?

Joseph Jaap
Joseph Jaap answered on Jun 4, 2020

Her parents make the decisions. You and your niece must follow them.

You can get in trouble if you don't. If there is some kind of physical abuse, then then should be reported in Michigan.

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: My son is 17 and will be 18 in 4 months, he wants to move out. If I give him permission to move out is that allowed?
Joseph Jaap
Joseph Jaap answered on Jun 1, 2020

Until he is 18, he cannot enter into legally enforceable contracts, like a lease, and parents are legally responsible for financial support until 18. If you give him permission to move out before 18, and he gets into trouble or causes damage, you could have some liability.

1 Answer | Asked in Domestic Violence and Juvenile Law for Ohio on
Q: What are possible consequences for a teen with their first charge and it be a domestic violence charge?

No one was really injured other than I was bit and she got a scratch.

Matthew Williams
Matthew Williams answered on May 20, 2020

A standard DV is an M1, up to 180 days, a record, cannot be sealed. If there was serious injury or a pregnancy, the level and penalties are enhanced. It’s a serious charge. The defendant should get a lawyer ASAP.

1 Answer | Asked in Juvenile Law for Ohio on
Q: Does my situation let me be emancipated?

I turn 16 next month. I have been removed from my biological mother's custody several time. Now, I live with my aunt and I am labeled as a foster child. I have also had a violent altercation with my aunt's girlfriend.

Joseph Jaap
Joseph Jaap answered on May 19, 2020

Ohio does not have emancipation for your situation. See this link:

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

Talk to another family member, a teacher, school counselor, or another...
Read more »

1 Answer | Asked in Traffic Tickets and Juvenile Law for Ohio on
Q: I'm 17 and I got a speeding ticket and my court date is soon, does the officer have to be present for this?

Or does he only have to be present if I choose to fight the ticket

Joseph Jaap
Joseph Jaap answered on May 11, 2020

Officers typically attend the hearing to testify about the facts. That is your opportunity to dispute the facts. The judge or magistrate will decide. If you pay the ticket before the hearing, the hearing will be cancelled. Call the court with questions on the process it follows. Your parent or... Read more »

1 Answer | Asked in Adoption and Juvenile Law for Ohio on
Q: Hello, my friend is 16 and has a very abusive father and his mom is on drugs. I am 20 years old and want to take him in.

Is there any legal way about somehow getting custody of my friend because he is like my little brother and I wanna see him in a better Situation and I wanna be there for him but I don’t wanna see him in foster care.

Joseph Jaap
Joseph Jaap answered on May 6, 2020

Talk to his parents to find out if they would agree to that, and then talk to children's services about it.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Ohio on
Q: i am turning 16 at the end of this month and want to get emancipated because i live in a toxic environment what do i do?

i want to get a job to move out but my mom won’t let me she made me sign up for disability instead so she can get more money each month. i need out but i don’t want to end up in foster care for trying to get out of the situation , what are my options? my whole life i’ve been homeless off and... Read more »

Joseph Jaap
Joseph Jaap answered on May 5, 2020

Ohio does not permit emancipation for your situation. See this link:

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

Anyone under 18 is a minor, and cannot enter legally enforceable...
Read more »

2 Answers | Asked in Divorce, Child Custody and Juvenile Law for Ohio on
Q: Can I get emancipated at 16? Is there any possible way?
Cathy Cook Esq
Cathy Cook Esq answered on Apr 14, 2020

Sorry, but we don’t have this in Ohio. If you are trying to get out of your parents’ home, the only way is to be removed by the state due to abuse or neglect.

View More Answers

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: Can you be emancipated at 16 with parental consent in ohio?

Hello, I was wondering if I could be emancipated with parental consent in ohio if I am completely self supporting (this will include finding a independent place) and can prove myself competent enough to make "adult" decisions. My parent and me argue a lot and we would like to stop it and... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 14, 2020

No, you cannot be emancipated in Ohio. You are a minor and are your parents' responsibility until you are 18. Until you are 18, contracts cannot be legally enforced against you. It is normal for teens to have friction with parents. As you mature, you will learn to better deal with adults,... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Juvenile Law for Ohio on
Q: Can I move out at 16?

i’m 16, turning 17 november 4th and i live with my mother. my parents were never married and are separated and both on drugs. i was wondering if 1) i could look into getting social security for my clinical ( not self diagnosed) depression, anxiety, adhd and mood disorder so that i could have a... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 13, 2020

Ohio does not allow emancipation for your situation. Minors are not allowed to live on their own. If your parents were never married, and your father never obtained parental rights from the court, then your mother has sole legal custody. Talk to a family member, teacher, or other trusted adult,... Read more »

1 Answer | Asked in Child Custody and Juvenile Law for Ohio on
Q: My daughter is 17 and 9 mo pregnant. She lives with her dad currently but wants to live with me her mother.

Courts are closed so I cant file for emergency custody or custody. She does not want to go back there. What can we do? If she doesnt go home what could happen?

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 9, 2020

The court's aren't closed to everyone, they're just suspending all activities until April 13, 2020. Essential services are still ongoing. You can file with Lorain County Domestic Relations for a modification of the parenting order and it may still be heard, just slowly.

As to...
Read more »

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Ohio on
Q: How do I "counteract", as quickly as possible, to an ex parte that was granted based entirely on false statements?

There's proof that all statements made against me, which the other party signed, notarized & filed through the courts, are entirely false. Not 1 sentence stated has any truth. They were deliberate lies told by my son's paternal grandmother & my son's father, (who legally has... Read more »

Matthew Williams
Matthew Williams answered on Apr 6, 2020

Well you start by documenting everything. You need people on your side who saw the things you saw. But you also have to be realistic. You need a lawyer on your side and that’s going to cost. Think of the situation you’re in now and what you want to interrupt your peaceful life and get involved.... Read more »

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Ohio on
Q: I'm 17 a junior in high school, my birthday is in four-months till I'm 18. I'm worried about there well being as I worry

I may do harm to them. And have been verbally abused by a parent for many years. And I have strong evidence of that. The stress and the strictness and verbally(and some have been physical abuse) of the household is big and compare to a normal family. Could I take this to a court to be able to... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 31, 2020

When you are 18, you are no longer a minor and can make your own decisions, move out, support yourself, etc. Until then talk to a teacher, family member or other trusted adult.

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: My niece was kicked out 3 weeks ago and the mother has had barely any contact with her, has not seen her , nothing.

She is 17 and her mom refuses any type of temporary guardianship til she is 18 in Sept. But doesn't tell her when and if she can ever come home I don't know what to do. i just want the best for her and honestly I believe it is with me. What if anything can I do?

Joseph Jaap
Joseph Jaap answered on Mar 27, 2020

Contact your local children's services which can give you temporary custody.

1 Answer | Asked in Criminal Law, Family Law and Juvenile Law for Ohio on
Q: 17 year old with 15 year old in Ohio

I’m 17 and a senior in high school and my girlfriend is 15 and a sophomore in high school. We have a multitude of the same activities together. I’m aware that under the current laws, since we’re both under 18 we can consent to each other. With that being said there will be a short period... Read more »

Breezy M Warner
Breezy M Warner answered on Mar 25, 2020

You are correct the age of consent in Ohio is 16 years of age. There is a close in age exception for minors. Once you turn 18, you cannot legally have sexual contact with a minor under the age of consent, 16. Whether or not you will be prosecuted for the relationship depends on numerous things,... Read more »

1 Answer | Asked in Juvenile Law for Ohio on
Q: I'm 16 and I've lost both parents. Can I file for emancipation with a family member present?

I lost my dad in '08 and my mom more recently (February 17th of this year) and my uncle is staying with me (he's been living with my mom and I for 2 years) until we get stuff situated, and apparently him getting custody of me costs $115 that we don't have. We need the custody papers... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 12, 2020

Ohio does not have emancipation for your situation. Your uncle should talk to children's services to start the custody process.

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: Can you move out at 16 if you're able to prove you can take care of yourself without parental consent?

My mom and I have a not too great relationship and I know that when I turn 16 there is no way she'll let me move out. I have some trauma from past experiences with her and I REALLY don't want to live with her or anywhere near her for that matter. And no, I don't have any family... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 6, 2020

No, you can't move out at 16. If you move out, you could go to juvenile detention. It is normal for teens and parents to have difficulties. Parents make rules teens don't like. Talk to a teacher, school counselor, or other trusted adult about the situation.

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