Ohio Child Custody Legal Questions

Based upon what you've indicated I don't think that you have a problem. If, however, there is any violence in the future towards you or your child your continued custody of the child could be a problem. Your ex could, however, make a big deal of it and initiate court proceedings if he wants. . The domestic violence finding is, however, troubling.... Read More

Who says you can legally give your spouse a POA? The only statutes that deal with POAs over children that I am aware of require as condition of the POA the agent (recipient of the POA) to be a grandparent. You need to see a lawyer before you do anything of the kind. This could have incredibly serious repercussions. This answer does not create a lawyer client relationship, nor may it be taken as legal advice. It is intended only for entertainment purposes.... Read More

You are in a tough spot. It sounds like you're in a bad spot and the mother is using that to turn your son against you. If she is preventing visitation because of it you can file a motion to have her held in contempt of court. At that point you could request that there be counseling between you and your son. With a good counselor you may be able to reestablish a good relationship between you and your son.... Read More

Let's talk about support and custody/visitation. To begin, they are separate and unrelated. There can be a support order through the Ohio Department of Job and Family Services or CSEA as an administrative order without any order for visitation. In Ohio, custody in the case of non-married parents is decided by statute, which assigns the custody at birth to the mother until the father goes to court to modify custody or to gain visitation. As sole custodian, mom can go where she pleases with the child, and dad can only act when he has rights in custody to the child. This is likely the situation of the person asking the question. Child support can be reduced or suspended for several reasons - but lack of visitation is not one of them. You need to see an attorney to review your options and gain some control of your relationship with your child and the child's mother.... Read More

I am not sure what the term "sporadically" means. Did he visit once a year or once a week? First, you need to see a lawyer. I could ask 100 questions and still not be certain as to the proper answer to this question. You need a lawyer to take the time, get the whole picture and only then give you an answer. One thing was missing from your statement: What is the relationship between your husband and the child? Have you approached him about adopting the child? Adoption terminates the father's rights and obligations, and reinstates the obligations in the adoptive father. Yes, you lose child support, but he isn't paying that anyway. And that may be enough of an inducement for him to not object to the adoption. Talk with a lawyer. There is an answer to your problem. This answer does not create a lawyer / client relationship, nor may it be taken as legal advice. It is intended only for entertainment purposes.... Read More

You need to see a lawyer. Now. Stop reading this and get to a lawyer. Before you left the state, you should have finished the business of your first marriage. By not arranging a parenting plan through the courts and separating or divorcing before you left, you have complicated things. By becoming pregnant by another man, you have complicated things even more. It is possible your husband may get custody of your son. You may end up paying child support. You need to see a lawyer now. The above does not create a lawyer client relationship and may not be taken as legal advice. It is intended for entertainment purposes only.... Read More

Per usual, your question requires a lot more information before an intelligent answer is possible, including: How did your son get custody of the daughter? When did your son turn the daughter over to the aunt. Under what circumstances did your son turn the daughter over to the aunt? Was the temporary arrangement made an order of the court? This is a very serious matter that cannot be solved on a board like this. Please have your son see a family attorney soon. This answer does not create a lawyer / client relationship. Nor may the answer be considered legal advice. The information provided is for entertainment purposes only.... Read More

The short answer is probably not because it does not sound as if your daughter is really a US Citizen. First step should be to verify her citizenship. Go to the USCIS site and revew the policy manual at http://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartH.html It is likely you will require the assistance of a lawyer. Do not delay in finding one familiar with immigration issues.... Read More

In a word: No, Changes in custody are the responsibility of the juvenile court in cases where parents are not married. Your boyfriend cannot bypass the court. To do the job right he must establish paternity and then seek a modification of custody and visitation. Have him see a family law professional. His child is worth the effort.... Read More

You need a lawyer. Pronto. Call experienced domestic relations attorneys in your area and explain that your husband was the breadwinner for the family and earned $150,000 per year. I assume this was salary from a legitimate job and not under the table from the puppy mill. If your husband was receiving money under the table, contact the local Legal Aid Society. You need a lawyer. This answer is not intended to serve as legal advice, nor does it create a lawyer / client relationship. It is intended for entertainment only.... Read More

This question is a LOT more complicated than it appears. For example, if your boyfriend has never been formally identified in court as the father of the child, by adopting the child, you may actually terminate his rights as a father. This question requires a visit with a lawyer in person. No general information board can possibly give you the information you seek.... Read More

I don't have enough information to give you a good answer, however: If it is a grandparent power of attorney, generally they are only good for a year at a time. If they actually have a court custody order it is valid until the court says otherwise. You need to check to see what they actually have and then you can go from there.... Read More

"Registered as the legal father". What does that mean? Did he adopt the child? Did he place his name in the putative father registry but will not be able to pass the paternity test? Is his name on the birth certificate but he is not the biological father? I'm afraid you need to clarify this phrase.... Read More

You could be found in contempt of court or even face a criminal charge for interference with custody. Based on the facts, it sounds like you should file a motion to modify custody with the court that originally ordered custody. If the kids are in danger, you may also have a case for emergency temporary custody.... Read More

Every Court has differing rules. Most courts will allow a parent to take a child on vacation. Sometimes it may be reestricted to not more than 14 days. Other Courts may put different limits. In your case it appears that the Court has already approved the vacation, but restricted it to in state only so I don't know that any additional motion will help. Obviously, if any existing order is violated you may file a motion for contempt.... Read More