Even if the will says that you get the house, and assuming the house is going through probate, the judge can force the sale if the estate has creditors or other beneficiaries with interests that cannot be resolved without selling the house. I advise you to ask the attorney whether s/he represents... View More

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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.

No, your ex cannot refuse makeup time with the child. There is a court order in place that directs any missed time to be made up within 90 days regardless of the cause of the childing missing the parenting time, it needs to be made up within the 90 days. If your ex does not comply with the make up... View More

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... View More

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... View More

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... View More

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.

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

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... View More

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... View More

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... View More

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... View More

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... View More

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

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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

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... View More

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.

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... View More

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

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... View More