Ohio Family Legal Questions

Debts incurred, during the marriage, may be considered to be "marital" debts and thus, in a divorce, the responsibility of both parties.  One of the parts of the analysis of the debts will be what their purpose was.  A court may decide to not make you pay these, even though they are marital, but these may still be "counted against you" in the marital distribution of assets and debts when the court looks at "the bottom line" concerning what everyone has after counting his/her assets and the debts he or she is paying. ... Read More

The first question is whether the person who you think is the father of the children has been declared to be the father (if you weren't married to him at the time they were born).  The second question is, "If he has been determined to be the father, does he have a support obligation for child support?" You and your fiancee can do a "step-parent adoption" after you have been married for a year, if certain conditions are met.  After you have been married for a while, talk with an attorney and see if the conditions can be met, in your case, after you have been married for a year.  ... Read More

Ohio Revised Code 3705.09(F)(1) states that if the mother of the child is married at the time of either conception or birth or between conception and birth the name of the husband shall (means must in this situation) be put on the certificate as the father of the child.  Thus, your husband will be the presumed father of the child and listed on the birth certificate.    For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com ... Read More

Ohio Revised Code 3705.09(F)(1) states that if the mother of the child is married at the time of either conception or birth or between conception and birth the name of the husband shall (means must in this situation) be put on the certificate as the father of the child.  Thus, your husband will be the presumed father of the child and listed on the birth certificate.  In order for the biological father to be put on the birth certificate you or he will have to file a complaint to establish paternity, have a DNA test done, and have a determination of paternity completed along with a court order designating the biological father to indeed be the father.  Then with the determination of paternity along with the court order, you can have the birth certificate changed. For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com... Read More

Unfortunitly, you question is very vague and there is little to go on to provide a response.  The short answer is, it depends.  In Ohio there is no preference given to the mother or the father of the child when one, the other, or both are seeking custody.  In determining issues of custody the Court uses the "best interest of the child" test.  Factors the Court uses to determine the "best interest of the child" are: (a) The wishes of the child's parents regarding the child's care; (b) If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child's wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court; (c) The child's interaction and interrelationship with the child's parents, siblings, and any other person who may significantly affect the child's best interest; (d) The child's adjustment to the child's home, school, and community; (e) The mental and physical health of all persons involved in the situation; (f) The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights; (g) Whether either parent has failed to make all child support payments, including all arrearages, that are required of that parent pursuant to a child support order under which that parent is an obligor; (h) Whether either parent or any member of the household of either parent has a history of child abuse; (i) Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent's right to parenting time in accordance with an order of the court; (j) Whether either parent has established a residence, or is planning to establish a residence, outside this state.   For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com... Read More

The short answer is, "no."  However, some local jurisdictions do require that you are separated and apart for at least 30 days before the final dissolution hearing.  Check the local rules and see if they say anything about this. The local rules should be available through your county court clerk's office or perhaps even on line.... Read More

As a step parent, I think we may be able to do it for less than the $6,000.00 you are thinking it would cost.   I think I may also be able to find some charity funds to assit you in this case.  Call my office at Peterson Law Office, 937-382-0045   Thank you. Shaun... Read More

Ohio law provides for the potential payment of attorney fees by one spouse to the other in a divorce action. Whether you might have to pay her attorney fees or she might have to pay you attorney fees would be completely dependent upon the facts of the case, and the actions of the parties during the conduct of the case as well as the parties relative financial positions. There is no absolute rule here.... Read More

in PA it would constitute at least Corruptions of a Minor. Be careful, children say the craziest things. If there is motivation by you and your wife to get back at this guy because of unresolved child support issues or custody issues, stop it, as you will end up having the kid traumatized and permanently messed up. ... Read More

I am assuming they were never married. A name on a birth certificate does not establish paternity. If he did not sign a paternity affidavit, then paternity is still not established unless he has admitted it in some court proceeding or done genetic testing and was declared, officially in a proceeding or administrative proceeding to be the father. If paternity has not been established then he is not "legally" the father. If he is not legally the father then he has no obligation to pay support.  ... Read More

Obviously, in any case where a party knows that the other party is not being truthful, there is an issue of how to "prove" that they are not being truthful.  If there is some evidence that will disprove the statements being made then you and your attorney have to get that evidence and then decide when and how to present it. If a party is not telling his/her attorney the truth, that puts the party in a potentially precarious position-- should the truth come out.  If a party is not telling the guardian ad litem the truth and the guardian discovers that later, it can never be a good thing for the deceptive party.  However, the guardian's main concern is what is in the best interest of the children, even if their parents may not be truthful. Therefore the issue may be "What was the parent untruthful about?"  ... Read More

If I were doing child care in my home and wanted "child authorization forms" or "general release" forms I would talk with a business attorney and possibly with an insurance defense attorney concerning what they thought was needed and what language would be appropriate-- as well as what the probably effect would be if there were any injury and the forms had been signed.  In other words, "Would the forms provide any protection and, if so, from what type of liability for what types of actions or conditions, etc."?... Read More

If you are divorced and have shared parenting you have a decree of divorce and a shared parenting plan. Check those concerning your desire to move. See what they say, if anything. If you discuss this with the former spouse and they don't agree, you'll have to apply to modify the terms of the shared parenting plan, based upon your move and then submit the matter to the court. The former spouse may object and attempt to keep the children with him/her and then the court will have to decide. In any case (even if the former spouse agrees with the relocation) you should file a motion with the court and get that agreement as part of a new court order. The current parenting, transportation and school placement provisions may need to be revised. Whatever you do, make sure you read your current paperwork concerning providing your relocation address to CSEA, the Relocation Officer of your court, and your spouse. ... Read More