Ohio Child Custody Legal Questions

There are no simple yeses or no's in this type of situation. It sounds as if you would have a good case to obtain temporary custody, but each case is different and each judge evaluates the facts and circumstances of the child differently. Ultimately, the court is trying to look out for the welfare of the child, but the preference always is to have the child with its mother, if possible, and in a contested case, the standard is generally whether the parent is "unfit" to parent or to provide for the child. Again, the facts you present sound favorable and it sounds as if filing a motion for custody would be in order.... Read More

The good news is yes, your boyfriend may adopt your daughter without the two of you being married. The bad news is both you and the child's father must give up your rights to the child for the adoption to take place. Ohio Revised Code section 3107.03 identifies who may adopt a child. An unmarried adult may adopt a child, but not a child who already has a parent. If you want to have the boyfriend adopt the child, you will just have to get married. Please see a lawyer near you for further information.... Read More

The statement that there is no visitation order from the court "(Y)et" is an indication to me that the baby father has started the process to acquire visitation. Assuming the father has a motion to modify or a motion to establish paternity before a court of competent jurisdiction, by moving you will complicate matters. The interstate child support enforcement and jurisdiction act will take over and you may be compelled to return with the child or to arrange for long periods ov visitation with the father. My suggestion: If you are planning to move, address the issue now while you are before the court. Your child's father has a right to be in his child's life. In the child's best interest, I encourage you to figure out how.... Read More

There is nothing in what you have written which would indicate that a court would "block" you from having custody.  However, there are a number of areas into which a court will look before changing custody.  The outcome would depend upon what the court hears in relation to those areas into which the statutes and law direct that it inquire. ... Read More

A person can not "abandon" his rights. You can not terminate a parent's right's unless another person, via adoption, is willing to assume those responsibilities and the court terminates the parent's rights. If the other parent has abandoned the child, there is also no point in asking a court to terminate if no one else is picking up the tab. Only court's can terminate parental rights as with termination there is also an absolving of responsibilities. As long as the other parent is a legal parent, he/she has a duty of support (assuming he/she is established as a legal parent) which becomes an enforceable judgement every month.... Read More

Either you didn't sign over parental rights (relinquished the child to the grandmother in an adoption) or there was a duty of support all along. However, if this was some legally unenforceable private arrangement, then the grandmother failed to ask for support to which she was entitled all along. She can go back for only the statutory period and needs to go after both parents.... Read More

Courts are mandated to treat fathers and mothers as being on equal footing regarding custody. The court will look at what is in the child's best interest. Each case is different because of having different facts.  Has he been proven to be the father (other than just being on a birth certificate)? They don't have "joint custody", legally, unless a court has issued an order saying that. If a court has determined that, then he has been determined to be the father. If he has not been determined to be the father by a court, then has he executed a paternity affidavit, with the mother, to be filed with the state? If not, then he is not yet legally the father or able to easily prove he is the father.  He can file an action for custody and genetic testing or go to the child support enforcement agency and ask for genetic testing to be done before he files for custody. However, he should consult with an attorney before doing any of these things.... Read More

It is possible, and happens every day. Child support is not related to visitation or custody issues. An obligor may keep his visitation granted by the court while being released from his child support obligation. Please see a family law attorney for information. This answer does not create a lawyer client relationship nor may it be relied upon for legal advice. The answer is intended for entertainment only.... Read More

Your plan provides how much time the parents have with the son. If your son would like something different from that, you can file an action with the court, for modification, and the court will consider what your son wants, and why and the court may or may not do what your son wants, depending upon your son's reasons, maturity, motivations, etc.... Read More

If there are no court orders of any kind, and you are definitely the parent (either the mother or you have been proven to ge the father) then you may travel or move with your children  (just like the other parent can).  However, since the children have most likely been in state for at least the last six months, the state you are in (before any move) will most likely be the state where any custody action is conducted.  Also, as soon as you attempt to remove the children from the state, if the other parent goes to the court for help, you may find yourself served with a court order to bring them back, or re-enroll them in their schools, or "not permanently" remove them from the jurisdiction of the state.   If there are already court orders you may be facing potential contempt actions, or parental kidnapping actions.... Read More

The father of your child cannot stop you from moving out of state even if he is on the birth certificate. Did the child's father go to court to have his paternity recognized and visitation established? If he did you likely will have to notify the court of your intent to move. If he did not go to court as indicated, likely you can just leave the state. But you should visit with a family law attorney to verify your rights and obligations.... Read More

I can only hazard a guess at your situation, but it appears as if: 1) You and the child's mother were never married. 2) You have never appeared in court to establish paternity and create a parenting plan with mom Based upon the above, let me explain your current circumstances. Mom is both the residential and custodial parent. Pursuant to O.R.C. 3109.042: *An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. * ** That means mom calls the shots and until you go to court to get rights to visitation, she decides completely IF you see your son. And it gets worse. My third guess is that you never started child support through the Department of Job and Family Services. So now we have a question of laws. Depending upon how long the child's mother and the child reside in Texas, you may now be subject to Texas law. That means to clean up this mess you may have to file in Texas. You need to consult with a family lawyer now.... Read More

I'm not sure where people get the idea they can just give up rights to a child. There are obligations that go with those rights, and barring the child's father getting married and having the child's step parent adopt the child, you will be paying child support until the child turns 18. Now, you may go back to court to ask for the support to be reduced, and also to enforce any visitation you may have been ordered. Please contact a local family law attorney for further information. This answer does not create a lawyer/client relationship, nor is it advice from an attorney. The information in the answer is intended for entertainment only.... Read More

First, your information is insufficient to offer advice as to your current situation. You really need to sit down with a lawyer who can advise you on how to proceed. It appears as if you were never ordered by the court or the Department of Job and Family Services to pay support or to be granted visitation. If that is the case, you would likely find yourself in a battle with the grandparents over rights to the custody and visitation of the children. You should explore NOW obtaining court ordered visitation, and recognition of you as the father. The birth certificate by itself will not establish rights to visitation or even acknowledgement of paternity. A visit to a lawyer can lead to a plan designed for your needs.... Read More

The most important of anything I could say is this: you need a lawyer. The assault charge (more likely domestic violence) is serious. Do not try to avoid this issue or represent yourself. You also need a lawyer to figure out your other issues. It sounds as if the children were premarital. If that is the case, MAY be that your wife has complete authority over them as the residential and custodial parent. But I do not know those are the facts. See a lawyer. You need legal help in the worst way.... Read More