QUESTION
How can I get custody of my daughter if her mom and I are separated but not yet divorced?
Asked on Jun 16th, 2014 on Child Custody - Ohio
More details to this question:
Daughter (14) has come to me, explaining how her mom mentally abuses her, calling her names and telling her she is unwanted. Daughter has been staying with me for 4 days now. She has expressed to me that she doesn't want to go back to her mom's and wants to live with me. Her mom and I separated back in December 2007 and are not yet legally divorced so the only custody established has been with welfare providing assistance to my daughter's mom for my daughter. No other legal action has been taken.
2 ANSWERS
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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Please contact a lawyer. If this were in Cuyahoga County, by waiting seven years you could increase a spousal support obligation by as much as two years. See a lawyer. Today.
Answered on Jun 19th, 2014 at 7:53 PM
Family Law Attorney serving Independence, OH
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Abel & Zocolo Co., LPA
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Under the law in Ohio both parents stand on an equal footing in regards to their children. That means, essentially, that until there is a court order, both parents have equal rights to the children and that either parent can have possession of the children. In order to obtain custody, temporary or otherwise, you need to file an action with either the juvenile or domestic relations court and ask the court to make an order. You really do need to see an attorney.
Answered on Jun 19th, 2014 at 9:44 AM