Ohio Child Custody Legal Questions

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320 legal questions have been posted about child custody by real users in Ohio. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child support. All topics and other states can be accessed in the dropdowns below.
Ohio Child Custody Questions & Legal Answers
Do you have any Ohio Child Custody questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 320 previously answered Ohio Child Custody questions.

Recent Legal Answers

Can I take my childrens father off of child support

Answered 2 years and 4 months ago by Mr. Howard A. Kurtz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state inquires.  Sincerely,  Kurtz & Blum
Thank you for reaching out.  We can only practice within North Carolina and can not provide answers for out of state... Read More

Parental rights

Answered 4 years and 7 months ago by attorney Ms. Dorothea Elaine Laster   |   1 Answer   |  Legal Topics: Child Custody
Take your order to an attorney to review.  We cannot answer questions about an order that we cannot see.
Take your order to an attorney to review.  We cannot answer questions about an order that we cannot see.

Need help with a situation about a lady who thinks she is a grandmother my kids when she ant

Answered 5 years and a month ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The paternal grandmother must first establish paternity before she can assert the grandparent's rights. This can be done with a genetic test.
The paternal grandmother must first establish paternity before she can assert the grandparent's rights. This can be done with a genetic test.

Can a father get custody if he has felonies and the mom doesnโ€™t?

Answered 5 years and a month ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
A felony doesn't necessarily mean that a parent won't get primary custody, but it's not a good look. Custody determinations are highly fact-specific and it is possible that there could be other reasons for him to be named custodian.
A felony doesn't necessarily mean that a parent won't get primary custody, but it's not a good look. Custody determinations are highly fact-specific... Read More

Do I need to let the court know before a "review hearing"that I'm not signing the " agreed entry"? How

Answered 5 years and a month ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
What is your capacity as a third party? Are you a grandparent or other relative? You do not need to sign anything, but you do need to provide a justification as to why you won't sign it.
What is your capacity as a third party? Are you a grandparent or other relative? You do not need to sign anything, but you do need to provide a... Read More

Does the father have legal rights to the child when the parents are not married?

Answered 5 years and a month ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
He can't sign over rights unless someone else adopts. If you want to agree to no child support you can certainly do that by deviating down to zero on the child support guidelines.
He can't sign over rights unless someone else adopts. If you want to agree to no child support you can certainly do that by deviating down to zero on... Read More

I am relocating to another state. My ex husband got np visitation in our divorce...he just violated restraining order I have against him..he

Answered 5 years and a month ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Check your divorce decree and parenting plan. Most decrees require a notice both to the other party and to the court before you are allowed to relocate.
Check your divorce decree and parenting plan. Most decrees require a notice both to the other party and to the court before you are allowed to... Read More

Can a father take his baby across state line without motherโ€™s permission

Answered 5 years and a month ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It depends on if there is an order in place. If there is not, then the father has no custody rights whatsoever. That said, if you call the police they will likely state that this is a civil matter.
It depends on if there is an order in place. If there is not, then the father has no custody rights whatsoever. That said, if you call the police... Read More

Can the father of my child sue me for lying about being on birth control?

Answered 5 years and 4 months ago by Glen Edward Ashman (Unclaimed Profile)   |   9 Answers   |  Legal Topics: Child Custody
No and no. If he truly didn't want a baby, he had the choice not to unzip his pants.
No and no. If he truly didn't want a baby, he had the choice not to unzip his pants.

What would it take for a father to get full custody of a 2-year old child?

Answered 5 years and 6 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
That should be sufficient to obtain custody. You will likely need to obtain a guardian ad litem to testify as to her conduct, but you should be able to be named primary custodian.
That should be sufficient to obtain custody. You will likely need to obtain a guardian ad litem to testify as to her conduct, but you should be able... Read More

What do I need to file for custody of my nephews due to my sister's terminal illness?

Answered 5 years and 7 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
I recommend that instead of custody you seek guardianship. It is an easier process and can stay in effect after your sister passes.
I recommend that instead of custody you seek guardianship. It is an easier process and can stay in effect after your sister passes.

can my kids father hold my kids from me

Answered 5 years and 7 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you were awarded parenting time, file a motion to show cause for not allowing you to see them. If you are not awarded parenting time, file a motion to modify parenting time.
If you were awarded parenting time, file a motion to show cause for not allowing you to see them. If you are not awarded parenting time, file a... Read More

Change Childโ€™s Last Name

Answered 5 years and 7 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You will need to petition the probate court and have him served with the petition. If he does not contest the petition, then the child's name can be changed.
You will need to petition the probate court and have him served with the petition. If he does not contest the petition, then the child's name can be... Read More

Will a signed document between father and I stating when he will be returning my kids hold up in court? Iโ€™m in Ohio heโ€™s in Iowa.

Answered 5 years and 7 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You are allowed to change parenting time by agreement. If you sign a document adjusting parenting time, that will be enforceable. Regardless, you generally have the power to consent to him exercising parenting time in excess of the court order.
You are allowed to change parenting time by agreement. If you sign a document adjusting parenting time, that will be enforceable. Regardless, you... Read More

Im not on the birth certificate of my daughter but i want rights to her how do i go about this in the state of ohio?

Answered 5 years and 8 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Petition CSEA to establish paternity. They will go as fast as they can go, which is slow, but that's your best bet.
Petition CSEA to establish paternity. They will go as fast as they can go, which is slow, but that's your best bet.

WHO CAN HELP FILL OUT VISITATION MOTION?

Answered 5 years and 8 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you have a parenting order that she is violating you need to file a motion to show cause. A qualified domestic relations attorney can assist with this.
If you have a parenting order that she is violating you need to file a motion to show cause. A qualified domestic relations attorney can assist with... Read More

We were never married, but he is on birth certificates. Do my kids have to see him?

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
As to the first question of parenting rights: An unmarried father has no parenting rights outside of a custody order. You are not required to let him see the children until he gets that order.   As to the adoption, it is possible to obtain a step-parent adoption without the father's consent (and this mostly happens when they do not contest the proceeding) but if they do contest the proceeding then it is extremely difficult to have the children adopted by another person. Even gross neglect and cruelty can be insufficient.... Read More
As to the first question of parenting rights: An unmarried father has no parenting rights outside of a custody order. You are not required to let him... Read More

How can i transfer my child support hearing to another state

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
If you don't have custody, then there isn't a lot you can do. You will need to appear. Some courts are allowing video conferences now for child support hearings so look into that. If you have custody, you should transfer the child support order to your new county so that you don't have to go out of state every time.... Read More
If you don't have custody, then there isn't a lot you can do. You will need to appear. Some courts are allowing video conferences now for child... Read More

Iโ€™m trying to get custody of my sister and her new born

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
I'm assuming from your question that you are an adult and your sister is a minor. If that's the case, you can apply for guardianship over both your sister and her child in your county's probate court. You will be responsible for both of them.
I'm assuming from your question that you are an adult and your sister is a minor. If that's the case, you can apply for guardianship over both your... Read More

Can my ex husband take custody or place a restraining order on my new partner who has a felony 1?

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It is possible, but unlikely, that a restraining order will be put on him. He would need to establish that your new boyfriend poses some kind of threat to your children. A past manslaughter conviction can be good evidence of that, but without further evidence it is unlikely that a court would grant the TRO.... Read More
It is possible, but unlikely, that a restraining order will be put on him. He would need to establish that your new boyfriend poses some kind of... Read More

Having biological father of my child sign over his rights

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
A biological parent can only sign over their parental rights if they consent to the adoption of the minor child by another party. As of right now, he has no parental rights because he is not the putative father. He would need to either have an affidavit of paternity executed or otherwise seek genetic testing in order to get any kind of parenting time.... Read More
A biological parent can only sign over their parental rights if they consent to the adoption of the minor child by another party. As of right now, he... Read More

We have had our grandchild for almost 9 years raising him he does not want to go with them and is scared to death he will have to

Answered 5 years and 10 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Grandparents can get custody of their grandchildren if they petition the court for custody and are able to establish that 1) the natural parent is unfit or abandoned the child and 2) custody to the grandparent would be in the child's best interest. This starting point is filing the petition and getting the case started.... Read More
Grandparents can get custody of their grandchildren if they petition the court for custody and are able to establish that 1) the natural parent is... Read More

Can I get custody of my autistic child and increase child support?

Answered 5 years and 10 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Under these facts you can likely get additional parenting time and reduce his parenting, but the increase in child support (unless the original order had deviation) is unlikely. If there was a deviation in the original order of support, you can potentially have it removed which will result in an increase. Otherwise, unless he makes significantly more money now than he did at the time of the support order, it's unlikely that you will receive an increase in support.... Read More
Under these facts you can likely get additional parenting time and reduce his parenting, but the increase in child support (unless the original order... Read More

What are some reasons a father would not get his kids if the mother of the children passed away? They were given to another family member.

Answered 5 years and 11 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It sounds like paternity was never established and that's why you aren't getting anywhere. You will need to file to establish paternity, which you will need to do through your local CSEA office. After paternity is established, you can move for custody and parental rights and responsibilities through the juvenile court.... Read More
It sounds like paternity was never established and that's why you aren't getting anywhere. You will need to file to establish paternity, which you... Read More

If me and the childโ€™s mother come to agreement to give up my rights can she put me on child support after I give up my rights

Answered 5 years and 11 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes. Only after the child is adopted by another person can you be exempt from child support. An adoption further does not waive any arrears that you might have already incurred.
Yes. Only after the child is adopted by another person can you be exempt from child support. An adoption further does not waive any arrears that you... Read More