Ohio Child Custody Legal Questions

It sounds as if you are in a dangerous situation, with a husband suffering from untreated PTSD. You have several choices. Protection orders from the courts are the best way to insure your safety and to protect your rights. But be forewarned: a protection order is only paper and will not stop a weapon. If you think you are in danger get police help immediately. First you may qualify for a domestic violence civil protection order if your husband has threatened you with bodily harm or you believe you are in immediate and present danger of him hurting you or the children. That would be the fastest way to protect you and the children. Ohio courts hold a hearing the same day the petition is filed and if good cause is shown, issue an order of protection the same day. You would have to go back to court for a contested hearing, but that would be true with any protection order you seek. Or you may qualify for a menacing by stalking protection order. You will need to state your husband is over eighteen and he is subjecting you to a pattern of conduct he knows may cause you to believe that he will cause physical harm to you or your children or may cause mental distress to you or your children. The first hearing for this order must be held by the day after filing. Or you may elect to file for divorce, and seek temporary custody of the children. There are other alternatives, but you should seek the counsel of an attorney with a domestic relations background. Given your situation, I would encourage you to proceed without delay. The above does not create a lawyer / client relationship, nor may it be taken as a legal opinion.... Read More

Without seeing your actual papers I cannot say whether you had the right to move or not. Even with the move, however, until a new schedule could be arranged you would still have the duty to provided visitation as it was previously ordered. The judge probably had the authority to order the child back but you need to consult with an attorney immediately. There also was a Notice of Intent to Move that needed to have been filed with the Court 60 days in advance.... Read More

In Ohio, if you are unemployed, you have the right to ask for child support to be lessened or even suspended for a time. But you must request it. If you stop paying without the modification, you risk a suspended drivers license or even jail from causing an arrearage. You file the motion for modification wherever your child support orders came from. Please discuss this with a family law attorney. The above does not create a lawyer / client relationship, nor is it to be taken as legal advice. It is intended for entertainment purposes only.... Read More

Actually, she can. And the husband can try to get the local police to give him the children back. And a bad situation escalates to a horrible situation. Before mom does anything, she needs to talk with a family law attorney. Grabbing the kids and running to a distance away is not a good way to conclude a marriage. The above is not legal advice and does not create a lawyer / client relationship. It is intended for entertainment only.... Read More

Ohio Revised Code is clear. Has father been to court and received from the court (not CSEA) visitation or custody rights? If not, the unmarried mother is the custodian and residential parent. See 3109.042 Custody rights of unmarried mother. To determine what exactly this means to you, please schedule a meeting with a family law attorney to discuss your situation. The above information is neither legal advice, nor does it create a lawyer / client relationship. It is intended for entertainment purposes only.... Read More

Initially, until paternity is legally established the father has no rights. He would need to go to juvenile court and first, have paternity established, and then, and only then can he seek visitation or custody rights. Keep up with any treatment plan that you are on, properly care for your baby and you should be fine.... Read More

The best answer is: it depends. Did you attend the hearing where the custody was granted? Who requested the custody change? What kind of trouble is "Big Big"? You need to go to a lawyer. This question is beyond the scope of a board like this. The above statement is not intended to be legal advice, nor does it create a lawyer / client relationship. It is intended for entertainment purposes only.... Read More

Get out the court paper granting you sole custody. Dust it off and take it to a lawyer. That document spells out your rights and obligations. If it grants the child's father visitation or telephone contact with the child, regardless of the child support situation you will need to participate with the telephone calls. Please see a lawyer to discuss your options. This is not legal advice nor does it create a lawyer client relationship. It is intended only as entertainment.... Read More