Ohio Child Custody Legal Questions

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320 legal questions have been posted about child custody by real users in Ohio. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child support. All topics and other states can be accessed in the dropdowns below.
Ohio Child Custody Questions & Legal Answers - Page 6
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Recent Legal Answers

Can I take my daughter out of state?

Answered 11 years ago by James Forrest Lentz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
In Ohio, unless and until the male claiming to be the child's father has gone to court or the Department of Job and Family Services and (1) been recognized by the Court or DJFS as the child's father and (2) agreed to visitation and or a custody arrangement that is certified by the court or DJFS, you are the residential and custodial parent. You can go where you want *if there are no more facts to consider.* Please see a lawyer to discuss your issue, and to verify all of the facts have been considered. This is not legal advice and is not intended to create a lawyer / client relationship. It is intended for entertainment only.... Read More
In Ohio, unless and until the male claiming to be the child's father has gone to court or the Department of Job and Family Services and (1) been... Read More

Can I move out to move in with my boyfriend, get a job and get away from my family as soon as possible?

Answered 11 years ago by James Forrest Lentz (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
In Ohio, you will be good to go on August 23, 2015. This close would not be worthwhile to go through the trouble of emancipation.
In Ohio, you will be good to go on August 23, 2015. This close would not be worthwhile to go through the trouble of emancipation.

What things should my girlfriend consider before living with an unrelated female minor?

Answered 11 years ago by Jack W. Abel (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
The potential problems are limitless. If she really wants to pursue it, she should, at the very least, try to obtain guardianship through the courts.
The potential problems are limitless. If she really wants to pursue it, she should, at the very least, try to obtain guardianship through the courts.

Does paying child support automatically give him visitation rights?

Answered 11 years ago by Jack W. Abel (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
In order to get visitation you must first legally be determined to be the child's father. If not done otherwise that is usually accomplished by going to the local child support agency and asking that paternity be established. That will also result in a child support order. Once paternity is established he will need to file a complaint in the juvenile court asking for parenting time. You will be better off having an attorney file for the parenting time for you.... Read More
In order to get visitation you must first legally be determined to be the child's father. If not done otherwise that is usually accomplished by... Read More
If they feel that there is a risk of harm to the children they can go to court to ask for temporary custody. Ultimately, there would need to be a hearing and it would be up to the Court.
If they feel that there is a risk of harm to the children they can go to court to ask for temporary custody. Ultimately, there would need to be a... Read More

If attorney never filed for child support order, are they guilty for breaking the law?

Answered 11 years ago by Jack W. Abel (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
If an attorney client relationship was formed and he agreed to file a motion for child support and never did so, it may be an ethical violation. Contact your local bar association.
If an attorney client relationship was formed and he agreed to file a motion for child support and never did so, it may be an ethical violation. ... Read More

Can I waive my excess child support back pay and how?

Answered 11 years ago by John George Galasso (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Yes you can waive what is owed to you, however if you were on public assistance, they will want their share.
Yes you can waive what is owed to you, however if you were on public assistance, they will want their share.

What do my juvenile court papers mean?

Answered 11 years ago by Jack W. Abel (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
The dependency exemption appears to be yours alone.
The dependency exemption appears to be yours alone.

Can a 17 year old make a choice of which parent to live with?

Answered 11 years ago by Jack W. Abel (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
He cannot make a choice. He can just express a preference that the court can chose to follow or not. Also, I would not think it appropriate or ethical for your divorce lawyer to represent dad and I would think he should honor your request for him to withdraw.
He cannot make a choice. He can just express a preference that the court can chose to follow or not. Also, I would not think it appropriate or... Read More

Can I receive child support if I'm living with the children's father?

Answered 11 years ago by Jack W. Abel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Most courts will not grant child support under those circumstances. I would advise you, however, to check with the local child support agency. They may be able to tell you what their courts may do.
Most courts will not grant child support under those circumstances. I would advise you, however, to check with the local child support agency. They... Read More

How do I get a child who is not immediate family in my custody again?

Answered 11 years ago by Jack W. Abel (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
You would need to file a motion for custody in the juvenile court. Cases like yours are very difficult as you need to prove both parents unfit and that you would be a proper custodian of the child.
You would need to file a motion for custody in the juvenile court. Cases like yours are very difficult as you need to prove both parents unfit and... Read More

I filed for cessation of visitation against my ex-husband, what can happen?

Answered 11 years and a month ago by John George Galasso (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
I would file a motion to terminate all visitation based on the fact he has had no contact with her for 488 plus days.
I would file a motion to terminate all visitation based on the fact he has had no contact with her for 488 plus days.

Can a father keep a child from the mother on designated visitations?

Answered 11 years and a month ago by John George Galasso (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
If it is court ordered and she is refusing, she is in contempt of court.
If it is court ordered and she is refusing, she is in contempt of court.

How can I get a warrant lifted for child support?

Answered 11 years and a month ago by John George Galasso (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
Call the child support agency and speak with the attorney who filed for the warrant to see how much they want to agree to lift it.
Call the child support agency and speak with the attorney who filed for the warrant to see how much they want to agree to lift it.

Where can a non-custodial take a child without permission?

Answered 11 years and a month ago by Jack W. Abel (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
In a typical case the non-residential parent can take the child out-of-state for vacation. You need to be provided, however, with an itinerary of where she will be as well as contact information. I, would, however, need to see your divorce decree and parenting plan, if any, to give you a precise answer.... Read More
In a typical case the non-residential parent can take the child out-of-state for vacation. You need to be provided, however, with an itinerary of... Read More

How long should I wait to file a termination of rights after a supervised visit court order is issued?

Answered 11 years and a month ago by Jack W. Abel (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
The only way that his rights can be terminated is by a step-parent adoption.
The only way that his rights can be terminated is by a step-parent adoption.
If you are the health care obligor you can go ahead and enroll your son on your insurance. The only thing the insurer will need is a copy of the court order. The cost of the insurance should be payable as a part of your child support order. Whether that needs to be modified or not is a different issue.... Read More
If you are the health care obligor you can go ahead and enroll your son on your insurance. The only thing the insurer will need is a copy of the... Read More

At what age does a child have the right to choose which parent to live with?

Answered 11 years and a month ago by Jack W. Abel (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Child Custody
The question should be at what age does a child have a right to change her visitation schedule. The answer is that a child does not have the right to dictate a schedule but the law does allow their input. Obviously, age and maturity of the child makes a difference as to how much the court will listen. If a motion to modify the visitation is filed I would suspect that the Court would appoint a guardian ad litem to listen to the child and to advocate on her behalf.... Read More
The question should be at what age does a child have a right to change her visitation schedule. The answer is that a child does not have the right... Read More

How can I get child support after husband left?

Answered 11 years and a month ago by Jack W. Abel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The child support agency in the county in which you live should be able to help. Make an appointment to go in and see them.
The child support agency in the county in which you live should be able to help. Make an appointment to go in and see them.

What should I do if there was a mix-up and I realized that I have overpaid child support?

Answered 11 years and 2 months ago by Jack W. Abel (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Child Custody
It depends on whether there is a current order or if the order has ended because your child has emancipated. If the child is emancipated but you continued to pay you will need to go back to court and get an order that the mother repay you. If the support is ongoing, go to the child support enforcement agency. They should show an overage on the account and should be able to reimburse you.... Read More
It depends on whether there is a current order or if the order has ended because your child has emancipated. If the child is emancipated but you... Read More

How do I regain custody if the fatherโ€™s location is unknown?

Answered 11 years and 2 months ago by Jack W. Abel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
I'm not exactly sure of your circumstances or of the current custody status. Assuming, however, that you need to get the father served you will need to do it by a process called "publication", or giving notice in a prescribed way in a legal newspaper, generally. I would suggest that you see an attorney to see that it is done correctly. The process will also take longer than if you knew where he was.... Read More
I'm not exactly sure of your circumstances or of the current custody status. Assuming, however, that you need to get the father served you will need... Read More

How can I get my name off a child's birth certificate and child support order?

Answered 11 years and 3 months ago by Jack W. Abel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Sorry to be the bearer of bad news but I would be fairly confident that the Court will not let you now challenge paternity.
Sorry to be the bearer of bad news but I would be fairly confident that the Court will not let you now challenge paternity.

If the mother of my son let me take him out of state and now wants to call the law, can I get in trouble?

Answered 11 years and 3 months ago by Jack W. Abel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
In order to answer your question I would need to know whether you and the mother have ever been married, whether paternity has ever been legally established and whether there have ever been any court orders regarding custody and visitation.
In order to answer your question I would need to know whether you and the mother have ever been married, whether paternity has ever been legally... Read More

Can a stay at home mom divorced after 6 years get custody?

Answered 11 years and 3 months ago by Jack W. Abel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
You need to consult with an attorney, however, it appears as if you are the nurturing parent and have the appropriate time availability to spend with the kids. I would probably prefer your side of the case.
You need to consult with an attorney, however, it appears as if you are the nurturing parent and have the appropriate time availability to spend with... Read More

Are these grounds for child neglect and can I have sole custody of our twins?

Answered 11 years and 3 months ago by Jack W. Abel (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Unfortunately, these are all complaints that the court commonly hears, but without independent verification very little will be done. You could file a motion to modify custody and ask for the appointment of a guardian ad litem to investigate. In the meantime, keep a diary of what is occurring.... Read More
Unfortunately, these are all complaints that the court commonly hears, but without independent verification very little will be done. You could file... Read More