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Donald Wilson Roberts
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Donald Roberts’s Answers

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  • My daughter has been in my custody ever since she was born (1 1/2. Years) can her dad get custody???

    He hasn't seen her since Easter and before that was Christmas. Everytime we are around each other we fight. He doesn't want to do anything she is used to to make her comfortable while she is with him.. He wants to jump right into how he does thing...

    Donald’s Answer

    To answer your question very generally - yes, he can get custody. But many questions must be asked before getting to the answer of how likely is it, or more on point, what level of rights is he likely to get if you oppose him. Under the Unmarried Mother statute in Ohio, a mother is the sole custodial parent of a child until a court issues orders otherwise. To take that custody away, requires a showing of unsuitability or unfitness. Short of taking custody from you leaves a lot of possibilities though. From short periods of visitation to 50/50 time splits to shared parenting. Custody is a very complicated case and you should really have an attorney in your corner. I would be available to set up a free consultation to speak with you more in depth about this matter. 614-207-1673.

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  • Getting court ordered visitation.

    My boyfriend has two children. When he left the mother of his children she put him on child support but would not let him see his children because they were not together. Now, by Ohio State law, that is within her right. Because of extenuating cir...

    Donald’s Answer

    The fact that your guy has not petitioned for visitation/custody rights suggests that everything is open for modification from child support to visitation to custody & shared parenting. Many questions need asked and answered to get a better handle on his case. I am available for a free consult to offer a more thorough assessment. 614-734-8349

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  • Mother demands she be there for supervised visitations, won't allow any other way. Are there free Agencies that can supervise?

    Unewed couple, mother currently has custody but there was never a court order. She is refusing to let me see my child unless she supervises. I have no history of neglect, a perfect record, planning on being a cop, clean background. I told her due ...

    Donald’s Answer

    At this point, you have two choices: Comply with Mother's demands and continue to foster a relationship with your child 2) Refuse Mother's demands and understand that her attempts to estrange the child from you will be strengthened by your lack of presence. Either way, you should immediately file for custody/parental rights and strive for a shared parenting plan. This is a very tough thing to accomplish without counsel, but you have a right to proceed "pro se". The longer you wait, the more an attorney will cost you because your issues become tougher to argue on your behalf. There are far too many twists and turns along the litigation path to cover in here. I am available to speak with you in more detail with a free consultation. Call 614/207-1673.

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  • Is it possible to get shared parenting Co residential if you live in a different city then your kids mom?

    I live in huber heights and she lives in springfield. The drive from my place to hers is about 20 minutes. I heard I may have to live in her school zone. I am about 25 minutes from her school. I was also wondering if it's possible since me and he...

    Donald’s Answer

    Shared parenting is more of a concept regarding rights and responsibilities than actual parenting time. Although each court and county has their own thoughts on shared parenting, there is no specific distance that parties may live in order to approve or order a shared parenting plan. I have worked cases where the parties have settled on shared parenting where they live several states away from one another. Obviously, this would not be a 50/50 parenting time split with regards to school years. Your description of 25 minutes distance from the children's school would not suggest a distance too far to engage in parenting time that would require school transportation. Many other factors specific to your situation would need to be considered before evaluating your case including your court's preferences. I would be happy to discuss your case in more depth with a free consultation. Feel free to call (614)734-8349.

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  • I took out an insurance policy on him in 1995 I divorce him in 2008...

    I married him in 1979 and took out a policy on him in 1995. I divorce him in 2008 because of infidelity, but I kept paying for the policy because he got sick and could not work. I even paid for health insurance. The divorce decree says nothing ...

    Donald’s Answer

    By your description, you are the owner of the policy and the beneficiary. It sounds like it is your money. You did not suggest that you are being challenged for it.

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  • I signed dissolution papers and now want to change to a divorce. We have a 3/16 court date. He filed and had an attorney

    We have been married for 14 years, have 2 children and have been separated and living apart for 5 years. I received child support only in the dissolution. During our separation he did not pay child support. I now want to change to a divorce ...

    Donald’s Answer

    You cannot be forced to go through with the dissolution. Before you do anything though, you should get an attorney. If you did not like the terms , trying to negotiate better ones while he has counsel and you do not, does not look favorable. Many other questions would need answered before properly advising you. I would be willing to speak to your more thoroughly on your issue during a free consultation. You may call me at 614-207-1673. Good luck!

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  • How much alimony for 24 years of marriage - high-income earner?

    Husband is threatening divorce after 23.5 years of marriage. I understand that divorce is not granted in Ohio until spouses are living apart for one year. We would be married 24.5 years or 25 years at time of divorce if this is the case. We have 2...

    Donald’s Answer

    First, either of you could and probably should file divorce. Contemplating divorce does not protect you from the other party hiding and/or depleting assets. Spousal support can vary greatly from county to county in Ohio. The disparity of income, education and length of marriage are important factors for considering spousal support amounts and duration. This is absolutely a situation that you need legal representation, and the sooner the better! You seem to have identified important issues such as the fact that you also have a minor child and what may be an informal agreement to help the emancipated child with college expenses. I would be happy to discuss your case more thoroughly with you with a free phone consultation at your convenience. (614)207-1673.

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  • I pay my c.s payment every mouth, but my ex wife will not let me see my daughter, do I have rights to take her to court?

    Its been almost a year since I seen my daughter, my ex wife tells me her new hubby dont want me to see her. What can I do?

    Donald’s Answer

    Your situation is not uncommon. Child support and parenting time/visitation are separate and distinct. You need to meet w/ an attorney to identify what rights you may have, if any. Then file the appropriate motion. I would be willing to meet w/ you for a free consultation in my Dublin office. Call to set up an appointment (614)207-1673.

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  • What rights do I have and what responsibility does the courts and/or prosecutor have to notify both parents of the proceedings?

    I found out yesterday that my sons, 19 & 15, were charged with a DV crime. Alledgedly, a scuffle brokeout (2wks ago) between their mom's live-in boyfriend and my 19 yr old . He hit my son in the back of the head, a fight ensued and my 15 yr old j...

    Donald’s Answer

    Proper service requires that an adult received notice. There is no obligation to notify both parents. There may be an issue to argue relating to the notice being given to an adverse party or non-party (mom). You may want to be involved to prevent charges against mom's boyfriend being dropped due to intimidation. We could speak about this more fully with a telephone consult at 614-207-1673

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  • Father of my children files for joint custody do I need to contest it before the actual court date..or just show up to court

    He does not have a lawyer and filed for shared custody and removal of child support

    Donald’s Answer

    Your question cannot be answered without a lot more information. You will want to counter the motion. You probably would not want to file anything unless you want to file a more restrictive plan. I can go over your case more thoroughly with a free consult. Just call 614-207-1673.

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