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COVID-19 Ohio Family Law Questions & Answers
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 Esq
Cathy Cook Esq 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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2 Answers | Asked in Family Law and Legal Malpractice for Ohio on
Q: Me and my ex share a kid and she is forcing me to get the covid vaccine if I want to continue seeing my kid. Is it legal

She already didn't let me see him for over two months because our Governor had the stay at home order in Ohio and now she is forcing me to get the vaccine if I want to continue seeing my son. I wondering if all this that she is doing is actually legal.

Joseph Jaap
Joseph Jaap answered on Mar 15, 2021

If you were not married to her, and if no court has granted you any parental rights, then she has sole custody and gets to determine who gets to spend time with the child, or even deny time completely. You could apply to the court for parental rights, but a judge might agree that she can refuse... Read more »

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2 Answers | Asked in Family Law for Ohio on
Q: I have a shared parenting agreement however my ex is using covid not to get his son. He hasn't gotten him since 3/2020.

Can I do anything about it? Also if my son is too much for me, can give temporary custody of him to his father? How do I do that? His father doesn't speak to me at all and I have asked for his help before and he will not help at all. Medically I can no longer live with him as he gives me... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 4, 2021

The past year has been very difficult and has had adverse affects on mental health. The father needs to step up. Start by talking to your son's father about the situation. Also talk to your son's school counselor, who could advise you about family counseling services that are... Read more »

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3 Answers | Asked in Family Law for Ohio on
Q: If I have full custody do I have to let my daughter go visit her mother in another state if I don't feel it's safe to do

I have full custody in ohio and she doesnt have any legal rights as moved to california. Shes demanding I send her to California during the pandemic and I have no clue who she lives with or would be around if something happened.

Joseph Jaap
Joseph Jaap answered on Feb 23, 2021

It depends on what the custody order or parenting plan says about time with the other parent. Review those, or use the Find a Lawyer tab to retain a local family law attorney to review all the circumstances and advise you.

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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... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: I live in ohio, my ex keeps letting his parents around my kid when he has her, the dont believe in the virus, or any

Of the social distancing or mask wearing and also live in pa, what do i do? Ive told me ex i dont want them around her bc they not following the rules and going anywhere and fear for my healt and my child’s

Joseph Jaap
Joseph Jaap answered on Dec 9, 2020

If you don't follow the court ordered parenting plan, then your ex can file to have the court hold you in contempt. You could then explain your concerns to the judge. Or you could file with the court to modify the parenting plan to include additional requirements and limitations to cope with... Read more »

1 Answer | Asked in Family Law and Child Support for Ohio on
Q: Will I be forced to change jobs?

An ex just had my baby and we both know we’re going to establish child support soon. I’m on limited hours due to covid And how it impacts our field. Will I be forced to find a new job? I’ve been here a few years and would normally get 40 hours, the last few months have been 20 hours at most... Read more »

Joseph Jaap
Joseph Jaap answered on Nov 18, 2020

The current virus situation affecting your employment could be one factor in determining the child support amount. Use the Find a Lawyer tab to retain a local family law attorney who can review your financial situation, run the Ohio child support calculation using your prior and current income... Read more »

1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Do I have to have a witness for uncontested divorce to be granted in Ohio?

I'm getting divorced end of the week and my witness has COVID and can't attend. It is an uncontested divorce since we agree on everything and we will both be there. Do I have to have a witness to be granted the divorce if the defendant is present and in agreement?

Joseph Jaap
Joseph Jaap answered on Oct 27, 2020

If both spouses are present, and both testify to the grounds for divorce and advise the court they want to terminate the marriage, then no other witness should be required, and the court should grant it, although it depends on your local court and ultimately the judge decides. But if the defendant... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: My children’s fAther currently has summer visitation with our children in Ohio. School was originally supposed to start

August 19, and our order states that the children come home 2 weeks before school starts which would have been aug 5. I bought the plane tickets and informed the Father and now that school is being pushed back until after Labor Day, the father is staying he will not send the kids back until aug... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 1, 2020

This is uncharted territory with the schools in flux because of the virus. You can file with the court to try to get an answer, but many courts are operating at reduced capacity, and you might not get an answer before school starts. Check with the attorney who represented you, or use the Find a... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Im 18 and i live in Ohio. I want to move out without my parents permission. Will they be able to call the cops?

I’m 18 and I want to move out without my parents permission. My best friend dad is willing to let me stay at his house for free until I get a job and pay him rent. My best friend lives in Colorado and that’s where I want to move. Will my parents be able to call the cops and will they have to... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 31, 2020

You are 18 and can make your own decisions, unless there is a guardianship or other court action. They could call the police, but they won't do anything if you are not in danger. If you leave home, will you still have health insurance and car insurance? If you get sick or go in the... 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 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 for Ohio on
Q: Will I be held in contempt for denying visitation due to COVID-19?

My ex lives in Kentucky and I live in Ohio. We have court ordered visitation but due to the pandemic and the stay at home order, I do not think my child should travel from Ohio to Kentucky for visitation especially when her stepmom is a nurse and is likely exposed to COVID-19 already.

Anthony C. Satariano
Anthony C. Satariano answered on Mar 31, 2020

You can be held in contempt. The stay at home order and the pandemic restrictions DO NOT negate court ordered visitation. Travel related to custody exchanges is deemed essential travel and thus is allowed under the current public health changes.

I suggest trying to discuss your concerns...
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2 Answers | Asked in Family Law for Ohio on
Q: With the current stay at home order, can I refuse visitation?

My sons father works in a hospital, the grandmother in the home has returned from Washington state, along with her 2 other grand children, my son has been forced to stay with his aunt outside the home who then sent him to an out of the home babysitter. My son has asthma and epilepsy. Rendering him... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Mar 30, 2020

The short answer is: No, you cannot refuse visitation. The stay at home order does not change the visitation/custody order you have. If you fail to follow the court order you have, you could be in contempt.

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1 Answer | Asked in Family Law for Ohio on
Q: Due to the covid19 situation i have court ordered visitation in Cuyahoga county. Do i have to send them?

Im in lake county hes in cuyahoga and a firefighter that could be infected. I don't want my children to get sick can we suspend visitation for now? 35 confirmed in Cuyahoga and only 1 in lake

Joseph Jaap
Joseph Jaap answered on Mar 20, 2020

If you don't provide the other parent with parenting time, he could file to have you held in contempt. The judge will decide if keeping them away was in the children's best interest or was reasonable. The judge might require you to pay his legal expenses, and would give him extra time... 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 »

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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