Ohio Child Custody Legal Questions

If you are not comfortable with your current attorney, your attorney is not following the direction you are giving them or the two of you simply do not agree on the strategy they are recommending you are always free to end their representation and seek new counsel.   For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com... Read More

If your husband is complying with the existing order, in the long term it should work out, but short term that may be issues if the mother makes claims to the courts or police. Your best option would probably to make an appointment with a local Family Law Attorney and have them review the latest court order.  Depending on what the order states and/or the current situation it may be in the child's best interest to modify the parental rights and responsibilities (aka custody).    For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com... Read More

Hate to answer a question with a question but did you make a claim for child support? Because this is what opened the door to all that has happened. Each parent does have rights and if he is the biological father and being made to pay child support to you it is reasonable for him to expect and get some visitation. The courts are always mainly concerned with the welfare of the child. Maybe a court date is in order where the Judge questions your son and his father about whats going on in the home every other weekend? Consult and attorney.... Read More

I assume that you have been proven to be the father since it appears that you are paying child support through Child Support Enforcement.  If your paternity has been established you need to file an action to set up your rights to "visitation" or parenting time.  That is not done for you when the come after you for support or when you agree to a support order. Parenting time is a separate issue and would have to be agreed to or ordered in the Juvenile Court for unmarried parents or in the domestic relations court for married and/or divorcing parents.... Read More

The child's "home state" would be South Carolina so you would need to consult a South Carolina attorney for the most accurate advice.? If the situation was reversed and you lived in Ohio I would probably tell you that you could move, however, you could expect the Mother to file a motion for custody and try to get a restraining order keeping the child here.... Read More

Not enough details here to answer. Generally, if a warrant is issued in one state, it will show on a national data base in every state. If you draw the attention of police in OH, traffic stop, random ID check, they will run your info. and may detain you in jail. The state who issued the warrant has so many days to come and get you. If they don?t, OH will let you go. However, you may sit in jail longer than you want.... Read More

You should read your order. If it does not specifically state that the long distance part of the rule will apply when or if she moves, you may need to go back to court to get a new order regarding your time with your child or children.  Any agreement (different from the present order) should be put on the record with the court in any event. ... Read More

Sounds like a job for an adoption attorney. First, I"m not sure the father has any rights at all. The only rights an unmarried man has regarding a child are those granted by the juvenile court. If the father never went to court for visitation and custody privileges, he has none. Abandonment for over a year is justification for adoption. But a good faith check of the putative father registry must be completed. Also, when you were in the hospital having the child, did you and the bio-dad sign a paternity affidavit? This too can be used as proof of paternity. In any case, I would expect your lawyer to attempt to find the bio-dad and seek his consent for the adoption. The adoption can proceed without bio dad's consent, it is just easier when bio-dad does not object. Please discuss your concerns with an attorney. This response may not be considered a legal opinion due to the lack of specific information. Also this response does not create a lawyer client relationship. The response is meant for entertainment only.... Read More

If I understand your question correctly, you have court ordered visitation with your child but the child's mother is refusing to allow you to see the child pursuant to the visitation order. If my understand of your question is correct, your best course of action would be to retain an attorney and have that attorney file a motion to hold the child's mother in contempt for failing to abide by the court's visitation order.  If you are paying child support, which I assume is also ordered; I would recommend you continue to pay the child support even if you are not allowed to see the child.  Paying support is not dependant on visitation and vice versa.  Thus, if you stop paying support as a result of not being allowed your visitation, the Court could hold you in contenmpt as well.  For more information visit us at www.LorainDivorceAttorney.com... Read More

Your question is impossible to answer based upon the information you have given.  Look at the order from the court regarding responsibility for pick up and drop off.  If there is nothing there modifying the duties to pick up or drop off if a girlfriend is living with him, then the order probably stands as originally written. ... Read More

In your case, you and your husband should contact the probte court in our county regarding the name chanage. You might also want to look into executing a paternity affidvit regading the fact that your husband is the father of the child. You should talk with an attorney though first (alone) before doing any of this so that you are totally aware of all of the potential ramifications of the paternity affidavit execution.... Read More

Let's begin with one vital fact: YOU NEED A LAWYER. I would not consider discussing anything other than the bare bones law that applies to this case. You need a lawyer to deal with potential interstate issues and existing custody issues. The fact that a state has sought assistance in enforcing a support order does not mean the state from whom assistance is sought will also take jurisdiction over custody issues. It may but it does not have to. Parties must agree or default on answer to have jurisdiction changed in most cases. But you need a lawyer to review the current order, the violations by the father and to see what exactly is being asked of Kentucky. This response does not create a lawyer client relationship, nor may it be taken as a legal opinion. The answer is general in nature and is only intended for entertainment purposes.... Read More

Assuming that the divorce is final, your Rule 22 schedule became a court order that both of you are to follow and comply with. The remedy for her failure to follow the schedule is a contempt of court that is brought to the court's attention by the filing of a Motion to Show Cause. The Court, once it finds contempt, has the authority to fine her and possibly mete out a jail sentence. It also has the authority to award you make-up time, possibly modify custody if the violations are egregis enough and it would also have the authority to award attorney fees.... Read More