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COVID-19 Ohio Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Is my daughter’s mother allowed to withhold my visitation for COVID scares and positive tests even though I was exposed?

My 4 year old was exposed (supposedly) on Friday, but had surgery on her arm on Saturday, with no precautions taken by the hospital. I spent all day with her and her mother in the hospital on Saturday. Now, the mother states my daughter has tested positive and refused to appear at our exchange... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2022

No. The covid emergency orders explicitly stated that you could NOT do this. If she is doing this in violation of a parenting order then you can file a motion to show cause.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My daughter's father has tested positive for covid. Our daughter and myself have both tested negative.

She was/is with him for his time according to our shared parenting plan. He is refusing to allow me to pick up our daughter. Can I take her against his wishes and can I refuse visitation with him due to his positive covid result (

Cathy Cook
Cathy Cook
answered on Sep 26, 2021

Generally, the Courts are not requiring parents to relinquish parenting time due to a positive COVID test. Has your daughter been vaccinated or is she too young? Does she have any health conditions? Is he wearing a mask, having her do so, and keeping distance?

You might see if her...
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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I live in ohio on the pa line and was told by my ex that I can't see my child because of covid lock down rules.

Do I have the right to see my child in pa

Joseph Jaap
Joseph Jaap
answered on Jan 14, 2021

You have the rights given to you by the court order for parenting time. But the lockdown rules have created an unusual situation, and problems for compliance. You can file a motion with the court to enforce the court's order, but your ex can then explain to the judge her reasons for limiting... View More

1 Answer | Asked in Divorce and Child Custody for Ohio on
Q: how long does a devorce usually take if the only issue is visitation of a child and the average cost
Joseph Jaap
Joseph Jaap
answered on Sep 8, 2020

The court filing fee is about $300 to 400. If an investigation is required to determine parenting issues, then several hundred more. Legal fees for an attorney could be from a thousand, to many thousand, depending on what happens. The process takes at least a few months, and can take up to a... View More

1 Answer | Asked in Child Custody for Ohio on
Q: Can I legally withhold my daughter from my ex until he completes a covid test?

My ex and his wife are taking a “little trip,” and led me to believe it was local and isolated from other people. I just found out they’re flying cross country and back. Our 7-yr-old daughter, my domestic partner, and I have serious preexisting health issues. I can’t have my ex in my home... View More

Joseph Jaap
Joseph Jaap
answered on Jun 29, 2020

If the parenting time is not given as specified in the parenting agreement, then the other parent can file to have you held in contempt. At the hearing, you can explain to the judge your reasons, and the judge will decide -- probably giving the other parent additional time, but also requiring you... View More

1 Answer | Asked in Child Custody for Ohio on
Q: I have a court ordered agreement with my daughters mother that during summer break from school we alternate weeks.

Due to covid 19 the last day of school was changed to May 21st. If covid 19 had not closed schools the last day would have been June 3rd. The mother is trying to argue that it doesn't matter that the last day was changed and we are still following the schedule as if the last day of school is... View More

Joseph Jaap
Joseph Jaap
answered on Jun 3, 2020

If the official date of the end of school got changed, for whatever reason it got changed, that is the start of summer break. So you'll just have to work it out with the mother. If she doesn't agree, you could file with the court to have her held in contempt. But courts are currently... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: What, if anything, changes about visitation during this stay at home order?

My ex husband and I have a court order where he gets visits with the kids every other weekend. He had not seen the kids since sept 14th 2019 of his own accord. He even moved to PA a few months back without telling me until very recently and without updating his address with the courts. Our kids are... View More

Joseph Jaap
Joseph Jaap
answered on Apr 22, 2020

If you refuse, he could file with the court to have you held in contempt. You would then explain your reasons to the judge, and the judge would decide if what you did was in the best interest of the children. There is no way to predict how judges will deal with all the problems caused by the... View More

1 Answer | Asked in Child Custody for Ohio on
Q: My husband and his sons mother are having a custody battle since feb.

Feb. First seen something was up just by how she was acting and then she got pulled over for having a bunch of drugs a scale and even counterfeit money. I didn't think she was doing this bad but we ordered a drug test and she failed with crack cocaine weed and meth. Also our court date was... View More

Joseph Jaap
Joseph Jaap
answered on Apr 20, 2020

Your husband should retain a local family law attorney to represent him in the custody proceedings. If your husband does not allow the child's mother to have parenting time, then she could file to have your husband held in contempt. He would then explain to the judge that because of her drug... View More

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: I am the sole residential and legal custodian of our 2 children. My ex-husband has not returned our children.

My ex-husband has picked up our children for spring break and was to return our children back to me on 3.29.20. I drove to Chicago on 3.31.20 where he claims to reside to attempt retrieval because he claimed he couldn't drive due to surgery the week of 3.23.20 - 3.29.20. I had police escorts... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2020

Your only remedy here is to file for a motion to show cause. I would also file a motion to modify parenting time if he is fundamentally violating the current order to prohibit him from pulling this again. The court likely won't be able to rule on it for a while, but the threat of attorney fees... View More

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Does parent get extended time with extended spring break?

If custody agreement gives one parent spring break, is their time extended due to spring break being extended?

Joseph Jaap
Joseph Jaap
answered on Mar 20, 2020

There might not be an answer for extended virus shutdown. This is new territory. Read the terms of your decree, parenting agreement, and standard court guidelines to see if any of those provide guidance about unusual occurrences like the virus shutdown. If there is any dispute between the... View More

1 Answer | Asked in Child Custody for Ohio on
Q: With the corona virus environment, can child custody be modified. The children stay part time with at risk adults?

The children stay with their father who is living with his parents. Both grandparents are over 65.

Instead of an everyday custody transfer, perhaps an alternating week would be safer for all.

Anthony C. Satariano
Anthony C. Satariano
answered on Mar 19, 2020

The odds of you getting court ordered custody/visitation altered because of the ongoing pandemic are EXTREMELY low.

First, the court only evaluates the child's best interest. While I understand the risk they could pose to those in the vulnerable age range, the children are not the...
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2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: What legal options do I have during this pandemic and having to send the kids to their dads?

We both live in ohio but I live in an area that’s more affected, he’s not taking the pandemic seriously, he doesn’t care to do what his kids wish to do at this time(ages 15 yr 9 mo and 12yr 11 mo.)

Anthony C. Satariano
Anthony C. Satariano
answered on Mar 19, 2020

The pandemic does not affect any court orders currently in place. If the dad has court ordered visitation, then you have to comply with that or you risk being held in contempt of court.

If the dad has no court ordered visitation, then you can do what is in your child's best interest...
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