Ohio Child Custody Legal Questions

There would be jurisdiction over this matter in the Juvenile Court of the county where the child resides. Depending on your situation, you may need to take additional steps to establish paternity. You will also need evidence to establish that it would be in the child's best interests to be placed in your custody. This is a complex matter and you would be well-advised to consult a lawyer in you local area who has experience in custody cases.... Read More

Until and unless paternity is established, he has no custodial rights to your child.  Paternity can be establisehd thorugh the court, or both parents can sign an acknowledgement of paternity stating that the maile is the biological father of the child. If you are asking if the alleged father can bring a paternity action in court for a determination that he is the legal father of hte child, the answer is yes.  However, there would still need to be a peternity test done.  ... Read More

You might try to do an agreement regarding him "signing over" rights but it will not be enforceable so long as the child is a minor since the court will maintain jurisdiction to still do orders on time with the  parents and also child support (and, if you are on public assistance, the state may want money from the father).  A full adoption of the child  (by a husband of yours after a year of marriage) could terminate the father's rights however.  Check with an attorney.... Read More

Each judge and magistrate is different on what he/she will do regarding parenting issues.  If you doubt what your attorney is telling you, find another attorney who practices in the same county, concerning custody matters, and have a consultation with that attorney regarding your issues.... Read More

It is impossible ot determine if you have visitation rights if you do not know, yourself, whether you have them. If you have them they should be part of an order from the court. I appears that you had custody, at one time and then this was changed.  Look at the papers from that change. If there are orders regarding custody, and visitation, and phone contact, and those are being violated, then you can can file a contempt charge against the person violating them (assuming that the person is subject to those orders).... Read More

You can attempt to negotiate a "new deal" with the father-- perhaps shared parenting where he is the "residential parent for school placement purposes."  You will have to address child support issues and should look at the dependency exemptions aspect.  This will all have to become an order of the court.... Read More

There is obviously more to the story than related in your brief summary, which makes it impossible to really give you much of an answer, but there is enough for me to suggest that you should probably have the psychological evaluation. As long as you are not jumping through the hoops they set up for you, they are going to use that as a reason to deny you unsupervised visitation or custody. If you have the exam, and it does not indicate that you are a threat to the child, that will be evidence in your favor. As long as you are on supervised visits, you are probably not very close to getting custody. But if supervised visits are offered, you should do them. Not visiting with your child at every opportunity is something that will likely be held against you. You are probably entitled to see the safety plan. Get an attorney to protect your rights. An attorney who is sufficiently persistent will be able to get it for you. Your chances of obtaining custody of your child are likely to be much greater with an attorney as well.... Read More

This is a very interesting question. For a moment it made me question myself for making my 13 year old get out of bed this morning at the unreasonable hour of 8 am. ("I just can't get up this early.") But I did just a little bit of research, and found this interesting article which addresses the issue:LOVE AND THE LAW, CHILDREN AGAINST MOTHERS AND FATHERS:OR, WHAT?S LOVE GOT TO DO WITH IT? http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1171&context=djglp It seems that the doctrine of qualified parental immunity would bar a suit of the sort you contemplate, but nevertheless, there is often some room around the edges in legal issues, and you might with some thought be able to craft a story that takes place in the gray areas.... Read More

The biological father of children by a non-marriage relationship has the same rights as any other father. You'll have rights to visitation and input regarding the children's upbringing, as well as a responsibility for providing at least a portion of their support. That said, each cases individual and will therefore you will have to engage an attorney provide the details and go forward from there on the opinion given.... Read More

Until you establish your legal paternity, you have no rights. Once you do establish it, you can ask for time with the children. Depending on how much time has lapsed since you last saw the children and since you separated from the mother, the court will likely set a variety of conditions you must meet so the children get to know you and feel comfortable with you.... Read More

It is possible to waive child support arrearages. ?In Ohio, there is a distinction between "state arrearages" and "private arrearages." State arrearages arise when the recipient of child support is on public assistance. In order to waive state arrearages, you need the consent of the appropriate Child Support Enforcement Agency. Private arrears can be waived, in my experience, typically through a court order. Whether or not that is something that you feel is appropriate is up to you. If you waive arrears, you are basically giving him the money that he should have paid you in the past. If they garnish his wages, that money is coming to you. If it were not coming to you, you would not be able to waive it.... Read More