Ohio Child Custody Legal Questions

Let's start with the basics: The only people who have right to see a child are the parents, guardians, or custodians. The US Supreme Court in the landmark case of *Troxell v Granville *said as much. In Ohio, everyone else, aunts, uncles, grandparents and friends, can make a claim to the court that they should be able to see the child because they have established a relationship with the child and seeing the child is in the best interest of the child. The court may assign visitation time, but it must first decide that said time is in the best interest of the child. Please review your concerns with an attorney licensed in Ohio. The above is not intended as legal advice and is for education, information and entertainment only.... Read More

When you obtained sole custody, a visitation plan was created by the court. Until changed, you have to stick by that visitation plan. It is unlikely the court will even consider the texts. You will likely be told to go to mediation to create a new plan, in which you may insist Dad's new girlfriend not be present for drop off.... Read More

First, you really need to see an attorney. The information you have given is good, but not enough to help you. Yes, you may leave the state of Ohio. But don't be surprised if your husband files for divorce in Ohio and you end up fighting a long distance custody battle. Courts frown on married people taking a child and leaving the city where the child was born and raised without taking care of marriage separation and planning the parenting first.... Read More

When a child is born to an unmarried woman, the Mother is the sole custodian of the child.  If a Father wishes to be named custodian or have any visitation rights with his child, he must establish paternity and file for Allocation of Parental Rights and Responsibilities in juvenile court in the county where the minor child resides.  If a father signed a paternity affidavit at the time the child was born, then he has already established paternity. If a child support order has been established, CSEA likely established paternity through a DNA test or affidavit. If neither of these events took place, then the father will likely need to file for the establishment of paternity with the Court. Until the father is named custodian by the court or granted visitation rights, he has not right to make decisions for or have visitation with his child. Alternately, if the father already has a Court order and Mother is in violation, then the appropriate action would be to file a Motion to Show Cause, essentially a contempt action with the Court.  Sometimes local police will enforce a Court order but many times they will refuse as they see it as a civil matter.  The above is for information purposes only and is not intended to create an attorney client relationship.... Read More