Lawyers, Answer Questions  & Get Points Log In
COVID-19 Ohio Child Custody Questions & Answers
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

Nicholas P. Weiss
Nicholas P. Weiss 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... Read 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... Read 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...
Read more »

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...
Read more »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.