Ohio Child Custody Legal Questions

File a simple motion with the Court asking for permission to relocate. The court will set a hearing on this and you will have to convince the court that relocating is in the best interest of the children. This will likely also require a modification in the parenting plan set by the court. ... Read More

If you don't think there will be a fight about anything, you can just allow him to go live with his grandfather without any kind of court action. If you want to be formal about it, you will need a petition for custody filed by the grandfather with a signed consent by you. The Court will need to notify the biological parents and will likely hold at least one hearing. So long as all parties are in agreement, you should be able to do with with an agreed judgment entry signed by yourself and the grandfather.    ... Read More

One of the things you can do is bring this to the Court's attention before he does. If he is filing police reports you can assume that he intends to use those reports in your custody dispute. Turn that around on him. Bring the reports to the court's attention especially if they are numerous and frivilous. Courts are familiar with this kind of gamesmanship.... Read More

Generally speaking Ohio's stay at home order says that you cannot use the threat of coronavirus as an excuse to avoid parenting time. That said, if you have a high risk child and a doctor's note saying that she shouldn't be moved, it is extremely unlikely that a court would find you in contempt for refusing to allow her to see her father. READ THE DOCTOR'S NOTE CAREFULLY BEFORE ACTING ON THIS. Does it actually say "should not be moved" or does it say something else?   I'm curious as to what paperwork you wanted to file. If the father is not challenging your actions then there shouldn't be any need for paperwork. Has he already filed a motion against you? If so you will need to oppose it. ... Read More

Unfortunately you are allowed to write whatever testimony you want for people. Whether the person will actually testify to that is a completely seperate matter. If your mother is an attorney, my speculation is that what she is having your sister sign and execute is actually an affidavit, which is a sworn statement. These statements can be used to support procedural maneuvers like motions for summary judgment or, more likely because you mentioned adoption, as supporting documents to the probate judge to allow for full adoption.   It is HIGHLY unusual for a parent to lose custody to another family member. I can count on one hand the times that I've seen it happen (and one in which I represented the aunt and uncle in successfuly getting custody). The number one reason for a non-parent succeeding is that the other side just gives up.... Read More

Assuming they were serious, it is a direct and unwaivable conflict of interest to seek employment with a lawyer that you are litigating against. She should absolutely find new representation if she things there is even a chance that the attorney is attempting to go work with the other side.... Read More

While it is true that having money to pay for legal representation helps immeasurably in a custody case, there is simply no way that a judge said that he's going to win because he has more money. You do not pay the judge as part of a custody dispute. The court uses a "best interests of the child" analysis to determine custodial rights and parenting time. While money can play a part in that, as it allows for things like food, clothing, and shelter, it's just one of many factors that a court looks into when determining custody.    So will they win because they have money for lawyers? Not necessarily, but what a lawyer CAN do is make the case that it is in the best interest of a child to stay with one parent over another better than any lay person.... Read More

To answer this we need to know where the children are living. Divorce and child support are strange in that the jurisdiction of the divorce only requires a parent to live in a state or a county, but that is seperate jurisdiction from jurisdiction over teh children. If the children are staying with you in CA the majority of the time, it is likely that not only do CA courts have jurisdiction over the custody order, but that presumptively the court will want the children to stay in CA.   Let me know if I'm misunderstanding the facts here, but it sounds likely that you could simply file in California and move for custody there.... Read More

Hey John, without know what county you are in it’s dofficult to say where to get the forms. You will normally petition the county where the child resides so going to the county family court where the child resides and speaking to a family court clerk can assist you greatly in terms of explaining the process and what to do sfhhIf you require additional information, feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More

Elijah, you will need to petition the Family Court in the county where the child resides with evidence that you have been paying child support, and that you as a father would like to get visitation on a scheduled bases. You can do this yourself or you can hire a lawyer. If you require additional information, feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More

It will be very difficult if the child is not a US Citizen. If the child is a US Citizen or a LPR, Lawful Permanent Resident than yes you can get temporary custody of the child and avoid deportation. You may also need to speak with an immigration attorney. If you require additional information, feel free to contact my office and speak with a case manager at 877-866-8665 or email help@smsattorneys.com for clarification.... Read More

You will need to get an attorney that is competent and aggressive. Going on your own is going to be a problem since you are dealing with a Sherif. You can certainly file for contempt and progress the case from there. We usually help PRO SE that can't afford an attorney but can represent themselves in court. We are based in New York but we do provide services in your state, as well as have monthly payment plans available. Above answer and comments to questions are for general purposes only. Feel free to call 1-877-866-8665 for Case Manager. ... Read More

What you need to do is hire a lawyer or a law firm that can either have payment plans or some form of low fee services like we do to help people in child custody cases without employment. If the children are in your care right now, you have a leverage and just need a competent and aggressive network of attorneys with you like mine. We fight tooth and nail for our clients to keep child custody as they desire. Please contact our office to discuss your case. Please keep in mind that not all lawyers are same. Therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans option. Feel free to give us a call for a free consultation. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in OH.... Read More

I agree with the judge. This looks more understandable than your other question posted. Yes she can file for appeal after the judge grants you a judgment in your favor. Even by the appeal, I don't think she has any chance. However, when she fix herself and turn her life around she can petition the court for modification of custody. Easier than appealing.  Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Custody lawyer available in Ohio. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Ohio.... Read More

I did not understand what it is you were asking. Please contact an attorney directly to discuss the case. Please keep in mind that not all lawyers are the same, therefore be very cautious as to which attorney or law firm you chose to work with. We are based in New York but my network of SMS ATTORNEYS does travel out of state for clients and we might have a Child Custody lawyer available in Ohio. Feel free to give us a call for a free consultation. If you're facing financial hardship, one option may be to speak with the court clerk about a court-appointed lawyer, known as a Pro Bono, or free lawyer. If you would like to retain our services while on a limited budget, do let us know and we will try to do our best to offer payment plans options. Ahsan Syed answer and comments to questions are for general purposes only and do not constitute legal advice or establish an attorney-client relationship with SMS ATTORNEYS without a signed retainer. Thank You. Toll-Free 1-877-866-8665 // Child Custody Lawyer in Ohio.... Read More

Typically, the authority of a guardian terminates; (1) When a minor ward becomes eighteen years of age; (2) Upon an adjudication that an incapacitated or disabled person has been restored to his capacity or ability; (3) Upon revocation of the letters of the guardian or conservator; (4) Upon the acceptance by the court of the resignation of the guardian or conservator; (5) Upon the death of the ward or protectee except that if there is no person other than the estate of the ward or protectee liable for the funeral and burial expenses of the ward or protectee the guardian or conservator may, with the approval of the court, contract for the funeral and burial of the deceased ward or protectee; (6) Upon the expiration of an order appointing a guardian or conservator ad litem unless the court orders extension of the appointment; (7) Upon an order of court terminating the guardianship or conservatorship. 2. A guardianship or conservatorship may be terminated by court order after such notice as the court may require: (1) If the conservatorship estate is exhausted; (2) If the conservatorship is no longer necessary for any other reason; (3) If the court finds that a parent is fit, suitable and able to assume the duties of guardianship and it is in the best interest of the minor that the guardianship be terminated. 3. Notwithstanding the termination of the authority of a conservator, he shall continue to have such authority as may be necessary to wind up his administration. 4. At any time the guardian, conservator or any person on behalf of the ward or protectee may, individually or jointly with the ward or protectee, or the ward or protectee individually may petition the court to restore the ward or protectee, or to decrease the powers of the guardian or conservator, except that if the court determines that the petition is frivolous, the court may summarily dismiss the petition without hearing. 5. Upon the filing of a joint petition by the guardian or conservator and the ward or protectee, the court, if it finds restoration or modification to be in the best interests of the ward or protectee, may summarily order restoration or modification of the powers of the guardian or conservator without the necessity of notice and hearing. Communication of information by, in, to or through this Web site and your receipt or use of it (1) is not provided in the course of and does not create or constitute an attorney-client relationship, (2) is not intended as a solicitation, (3) is not intended to convey or constitute legal advice, and (4) is not a substitute for obtaining legal advice from a qualified attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.... Read More