Ohio Family Legal Questions

First you state that your sister has custody of your two children, then you state that your children live with their paternal grand parents. Unfortunately, I will need more information to properly answer your question. If you parental rights were terminated by the Department of Social and Health Services, serious issues may arise if your sister gives you a power of attorney.... Read More

A name change must be filed in the Probate Court of the county that your child resides.  They usually have the application that you will need to complete to get that in process in motion.  A hearing will then be scheduled to present your case to show that a name change is in that child's best interest.  If the child's father consents, a full hearing may not be necessary.  Additionally, there are factors, that if proven, you can have the name changed without his consent.... Read More

It depends. What does the medical power of attorney say as to who should be the agent? Before you say there is none, check at the nursing home or hospital where the parent resides. The parent may have been required to fill one out before entry. In the absence of a medical poa, the court must appoint a guardian. If the guardian is going to make an end of life decision, the guardian must be permanent, not temporary.... Read More

If your sister is a minor, and her parents are still living, than her parents are responsible.  If your sister is an adult, then no one is responsible for taking care of her.  Perhaps I do not understand fully your situation.  If you want to share additional facts, please do so.  Feel free to contact me privately.   Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia, LawGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read More

Yes a grandparent can file a motion requesting reasonable visitation rights.  If you have specific questions on the process, please feel free to contact me.   Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia,L awGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124  ... Read More

You definitely have an argument to make that relocating is in the best interests of your children.  First, you need to file a "notice of intent to relocate."  This is a form usually provided by the court.  Or you can have an attorney draft the form.  Your ex then has the right to object.  If he does, then you go to court and present your argument, i.e. that he doesn't even excercise his parenting time, that when he does it is only with the youngest daughter, that your youngest daughter spends the majority of his parenting time at her grandmother's house, that your relocated home would be even more stable, etc.  No one can say how a court will rule but based on those factors you have a good argument to make that relocating with the kids is in their best interests.   Simon W. Johnson   swj@swjlawoffice.com Law Office of Simon W. Johnson Martindale, Avvo, Justia,L awGuru LinkedIn, Twitter, Facebook Serving Cleveland and Ohio, 44124 ... Read More

It sounds as if you do not have a custody court order.  If that is the case, you should get one, so that your rights are protected.  You do that by filing a custody complaint and following your local court's procedures for custody cases.  If there's no order, you and the children's father both have 100% custody and either of you may take the children at any time and not allow the other to have contact, since you have no order to enforce.  If you do have a court order, you should seek to have it modified.... Read More

You asked:  How long do I need to wait on a modification of spousal support by judge? Is there anything I can do if I feel the judge is not competent?Additional Details:I appealed to the court in Ohio for modification of alimony because my income is much less than when I divorced and my ex now makes more than me. It took 2 yrs to even get a hearing. Once I did the judge said she would have her decision by Christmas. It is now April and I am still waiting. I live in another state than the one I obtained divorce. My lawyer will not return my calls except rarely, and when he does he just says "wait". Calls to the courts have produced no results. In the meantime half of my unemployment is being taken for spousal support while my ex is living off more than I am. I don''t just want relief, I NEED it! I am about to lose my home and car if this does not get resolved. Please advise! I am a Michigan lawyer, and cannot advise you on Ohio law; however, I may be able to offer some guidance.  Some Judgments of Divorce specify that alimony is modifiable or non-modifiable.  If it is non-modifiable, then there may be no remedy.  If the alimony is modifiable, then your lawyer should have filed a motion to modify alimony.  As an attorney, it is frustrating when a judge has held an issue under advisement, then fails to issue an order within a reasonable time.  There are several things you may be able to do:  1) if your attorney is not responsive, hire a new attorney; 2) Ohio, like most states, should have a judicial tenure commission or a similarly named department with which you may file a grievance or complaint; 3) your attorney may be able to call the Court, send a letter, or file another motion; 4) Some states have a department called State Court Administrator's Office.  This may be a separate department or part of the Supreme Court of Ohio.  If so, you may be able to call them with a complaint that they can handle either formally or informally. Stu Shafer... Read More

Yes to moving, but no to gaining the legal rights of an emancipated child.  They are still legally responsible for you no matter where you stay until you reach the age of majority.  It would not hurt for them to consult an attorney to figure out how best to make the arrangement and avoid greater cost in the future because they were unaware of some requirement under the law.... Read More

Since it is post-decree and seems to have many angles, you will need to save up to retain counsel.  If you are serious about maintaining a relationship and believe it is in your children's best interest to maintain that relationship then you have to seek representation to do so. If the Grandparents have sole residential parent/guardian status then they are in the driver's seat.  Provided that the Court granted you visitation rights in August and you have not violated any of the conditions set forth by the Court, then you have legitimate recourse to assert your continuing visitation rights.  Even the 'good judgment' of the residential parent/guardian, is not a substitute for an order of the Court. Is the case in Juvenile or DR?... Read More

Under the requirements of shared parenting, she would need to seek to modify parenting status based on a change of circumstances (her remarriage).  The court would then re-open the case to determine first whether there has in fact been a change in circumstances and if so, what is in the best interest of your child.  Depending on how imminent you believe this event to be, you probably want to consult with and retain an attorney.  The more prepared you are prior to the occurrence, the more likely you will have a favorable outcome.... Read More

Unless you hold your Father's (as he adopted you) durable power of attorney and medical power of attorney, you are in for an uphill and expensive battle. You will need to seek a guardianship over your father through the probate court. This is rarely done successfully without the help of an attorney. A guardianship would give you the power to stand in your father's shoes and make decisions for him. Often, though, hospitals require new patients to complete medical powers of attorney, as well as living wills. Check with the hospital to see if your father executed one or both of those documents in your favor. An elder law attorney can give you badly needed direction in this case. Please see one soon.... Read More