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Christopher Joseph Tamms

Christopher Tamms’s Answers

1,909 total


  • Should I let my rapist see my daughter

    This is a very intricate situation, one that began in 2004 when I was 19 and drunk at a party and woke up pregnant. I was close to breaking up with my BF at the time, but I get flashbacks of resisting him, saying "no" but things happened anyway. I...

    Christopher’s Answer

    You can file to have the order for parenting time changed, but he's dad and has rights to see his daughter (although it sounds like he hasn't been exercising them). You will need to consult with an attorney. This case will likely be handled where the previous divorce was dealt with if one of you lives in that state. If not, you can petition to have the parenting time order filed in your local juvenile court and proceed from there as Ohio is likely the child's home state under the UCCJA which is a law that governs where custody cases can be brought in most jurisdictions.

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  • Need a divorce. Husband sent kids overseas with his mom for vacation and has not let them return despite my begging.

    We have 3 kids together, 2 he sent to Jordan in May. Our house is listed for sale in Sylvania because he's trying to get me to move there too. I have stayed home with the children, he has always worked. 3 cars, all his. Everything is in his name. ...

    Christopher’s Answer

    You've have major problems. Jordan is not a signatory to the Hague Convention so there isn't likely to be a mechanism to get them back as Jordan is very unlikely to honor an American Court Order. You need to speak with an attorney who has a background in international family law and abductions and possibly retain counsel in Jordan as well. The more time that passes, the less likely Jordan will order the kids to be returned. On the plus side, he cannot sell the house because you have to sign off on any sale of real property. I would file for divorce immediately and get orders regarding custody and the kids. The Court may be able to hold the cars and the house until he returns the kids from Jordan. Their passports should then be held by you or deposited with the Court or Guardian Ad Litem. The court can order him to produce the kids, but whether he will or not depends. Don't let the house be sold as financial leverage may be all you have on him. I highly recommend talking to a lawyer immediately.

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  • Now that I'm done paying spousal support, will my child support be increased?

    I just received an amended IWO. CES raised my child support now that I'm done paying spousal support. Doesn't seem fair.

    Christopher’s Answer

    Why doesn't that seem fair? You have more income and thus your child support should increase. If you have grounds for a deviation in child support you might want to review R.C. 3119.23 to see if any of those factors apply to you.

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  • Question about medical reimbursement from my ex spouse

    My decree states he is responsible for 100% of medical expenses because I pay for insurance. He has refused to pay any expenses for my children. I have submitted the bills and insurance information, even including the insurance packet from my HR d...

    Christopher’s Answer

    I don't see why he would need to speak to the HR person. They have nothing to do with insurance other than providing the benefits and likely cannot even see what medical expenses you have incurred. Furthermore could interfere with your employment. He's just looking for excuses not to pay. It's time to get an attorney and file a motion to show cause (contempt).. Let him argue his stupid theory to the Court.

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  • What are the chances of getting custody of a child that isn't biologically yours?

    My bro has raised "Lila" for 8yrs since she was 3mon old. Her bio-dad is deceased. Her mom "May"&my bro split up. She is a horrible mom.She has an older daughter by another man who lives with her father and a son that is biologically my brothers. ...

    Christopher’s Answer

    He really needs to speak with an attorney. It is difficult to get custody of a non-biological child. As stated in the other answer, unfitness / unsuitability of the biological parent must be proven and there is a presumption in favor of biological parents raising their kids. If the child is eight years old and is living with your "bro," he can petition for custody. As far as the mother taking the child back, that's definitely something to worry about. He can attempt to petition the Court for an emergency ex-parte motion and it its warranted the Court can order that he have temporary custody until the matter can be sorted out. A guardian ad litem will also need to be appointed for the child. As stated previously, he's got his work cut out for him and will need an attorney most assuredly.

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  • Is my mother in law committing fraud and if so what do I do?

    My in-laws have custody of my 13 yr old step-son. They currently receive cash assistance on his behalf and there is a child support order also. My father in law works full time and my mother in law has a small local business and rents a space howe...

    Christopher’s Answer

    • Selected as best answer

    With whom is he living? If he's not residing with them you can file a motion to change custody. If that's not your goal, you can report them to the various agencies. It's really up to them whether they choose to go after the grandparents.

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  • While incarcerated is child support supposed to be based off of previous wages or adjusted per Senate Bill 337?

    While incarcerated my child support was based off of previous wages $330/month. Senate Bill 337 say that it should be based off of prison wages. I was making $20.00/month and they were taking 25% roughly $5.00/month as payments. I requested an adj...

    Christopher’s Answer

    It depends. R.C. 3119.05 states that "unless it would be unjust, inappropriate or not in the best interest of a child" that a parent who is incarcerate for 12 months or more with no other available assets shall not be found to be voluntarily unemployed or underemployed. There are exceptions if the child was the victim or there was abuse or neglect. A finding of voluntary unemployment or under employment is necessary before income can be imputed.

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  • I want to change my son's last name

    His biological father has never seen him and is in prison for life

    Christopher’s Answer

    This is something that would be filed in Probate Court. If Dad's in jail for life, I don't think you'll have too much trouble.

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  • Baby daddy went behind my back and got a lawyer, and canceled our child support date, how is this legal and how can i fix this.

    he said the case cant be beaten or tampered with, all this was done without me knowing and i received a phone call from baby daddy stating that he done this so he can care for our child too. I dont understand this at all. It stated a child name ch...

    Christopher’s Answer

    By saying "child support date" are referring to your date with the agency to establish support? If he files in Court, the court, not the agency will determine issues of child support. Usually this happens when the father seeks custody shared parenting or parenting time. Depending upon what happens, you might be the one paying him support, or the Court might order a deviation on child support. Issues of custody cannot be addressed by the agency, and must be done by the Court, so it's not uncommon for the agency to defer to the Court to resolve child support in the context of the larger issue. You should probably get a lawyer.

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  • If I reside in a different county than my original dissolution was filed in, do I have to file in the new county to modify?

    Modifying custody, visitation, and child support. Change in circumstances make old agreement no longer accurate.

    Christopher’s Answer

    Nope. You'll file in the county where it was granted.

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