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Lee Alan Thompson
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Lee Thompson’s Answers

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  • Can we file for visitation if custodial mother moved out of state with child?

    My husband and his ex (never married) have a child support agreement but no official visitation set up. When we got married we found out his ex was moving to Alabama with her boyfriend (now husband) and she stated we would get visitation over summ...

    Lee’s Answer

    I have to make assumptions in order to answer this. I'm assuming the case was dismissed for failure of service. That could have been corrected at the time it sounds as though it wasn't.

    Now I'm further assuming she has been in Alabama for two years and your husband is now wants to establish parenting time. If I'm right on the latter assumption, under the law the home state is now Alabama and he'd have file there, which no doubt means getting an attorney.

    So yes, there are things he can do but it doesn't sound like Ohio is going to be the place to do it.

    Best to you,
    Lee

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  • Do I have grounds to file for full custody?

    My ex-wife has perinatal custody of our child, she regularly pawns him off to go out (I have proof). She has been fired from 8 jobs in the last 7 years for stealing, one of which came with a court conviction. I do all his school projects with him...

    Lee’s Answer

    Very well could have. These are factors the court will look at in determining the best interest of the child. You will have to show a change of circumstances in addition though. It would require more information, which means sitting down with an attorney, but you may have grounds for an emergency order. There's no way it can be determined here if you do.

    Best to you,
    Lee

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  • My ex no-showed for mediation and divorce hearing. Is he allowed to take half of our belongings as his own personal items? Help

    He faxed a 4 page paper to local police 4 days before he was ordered to remove his "personal belongings only" listing furniture and other items. Am I legally obligated to give him everything he is asking for? My son and I have a 5 year civil pro...

    Lee’s Answer

    If the time hasn't come and gone, call your attorney or victim advocate immediately. Sounds like too much property is being asked for. Also, call the police and let them know he'll have to go through the court to get things he wants.

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  • Do you have to personally be served papers for a contempt of court violation in clark county ohio

    If I was served papers via certified mail for a clark county ohio violation of visitation is that considered being served? I read that if it could carry a jail sentence that I would have to be served personally. Is this correct also if the other...

    Lee’s Answer

    Since Mr. Sheets is in that area, go with what he said on the certified mail service. In my county, we have to served all contempts by personal service now. Both parties can be in contempt.

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  • Can a divorced women use her former last name while supposedly remarried?

    Said women has been legally divorced for seventeen years and has no children by either husband. And insist on using her first husband last name. Questions are rising about inherences.

    Lee’s Answer

    She can use whatever name she desires provided she is not trying to defraud creditors. As I am reading this, the concern seems to be over inheritance. That was lost at the time of divorce. However, if a new Will was made leaving her something, and the name change was subsequent, the property would still pass to her. The key is to property identify the person at the time the Will is made. Names often change later. I'm not sure if this answers your question because it's not 100% clear to me what you are asking.

    Best to you,
    Lee

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  • My wife inherited a house from a family friend while we were married can I get half

    the lady was96 my family helped take care of her the last few years of her life I did stuff around and so did my wife she willed the house to my wife and now my wife wants a dissolution and says I cant touch the house is that true

    Lee’s Answer

    Maybe, maybe not. An inheritance is considered separate property in Ohio so it would be her home. However, if your name was added to the deed, then it's possible it turned into marital property. Also, if during the marriage you and your wife did renovation to it, there is an argument to be made you have an interest in it. This one requires more facts and an attorney to analyze everything.

    Best to you,
    Lee

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  • I was named sole beneficiary on a 403b retirement account by my father. Will my stepmother be able to sue for any of the money?

    The 403b account had existed since my mother and father were married 26 years ago, and they had divorced when I was two years old. My mother's name was subsequently removed from the account and I was left as the sole beneficiary. My father remarri...

    Lee’s Answer

    My thought is you don't have to worry about it for a couple reasons, although the second one is not really stated but assumed for this answer. The beneficiary designation should control but also, it sounds as though it existed before the marriage and there separate property of your father if this was truly a divorce question. It's really a probate question and should be asked under probate, not divorce. I'd switch it for you but I'm not sure how.

    Best to you,
    Lee

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  • For the state of ohio once paperwork is filled out for a dissolution do both parties have to go to submit it?

    For ohio

    Lee’s Answer

    Both parties have to appear for the final hearing, set between 30 and 90 days after filing. If both are not there, the court cannot grant it. I did one once where we used deposition testimony to complete it.

    If it's a problem for both to be there, have it converted to a divorce and use the same agreement and then only one of the parties will have to appear.

    Best to you,
    Lee

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  • Extortion/Coercion?

    I am going through a dissolution. Cemetery plots were not separated in the papers. In talking to her, she asked me to pay her for her signature. We are of different faiths. The plots were in my faith's area. I offered her the plot itself, and she ...

    Lee’s Answer

    You could personally feel it is but it's not illegal. She's attempting to negotiate, probably a spiteful negotiation on her part, but she can do it. The cemetery plots are property and if obtained during the marriage, more than likely marital subject to division.

    Are the papers actually signed? If not, it's still an open issue. If signed and filed, you could refuse to show up for the hearing and there will be no dissolution. Not sure if it's worth it to you do to so though. If the plots go to you, normally you would probably need a signature if you both own the lots. But, somewhere in those papers is more than likely a clause requiring you to execute documents to effectuate all transfers necessary. If so, and she refuses, she would be in contempt. If she didn't ask for money for moving, you have no obligation to pay the movers.

    If the dissolution isn't final there are other ways to fix this. I don't know if you had an attorney representing you but if you did, you should talk to him/her about the problem. Without seeing the papers, it becomes next to impossible to answer this.

    In court you probably win. The real question is whether or not it's worth it. If you need signatures for the deeds, get those before you pay the movers. Not a fun situation to be in and be happy you're getting out of it.

    Best to you,
    Lee

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  • Can my personal background affect my girlfriends custody hearing? She has custody already the kids dad is trien to get custody

    Will my trafficking charges affect her from keeping custody of her kids? I do not live with her and I did all my time for my convictions I'm not on probation and I have a clear drug test

    Lee’s Answer

    It could be a factor and I'm sure the other attorney will go into it. Much will depend on what you've done since. If your tests are clean and the two of you are not living together, it will have less impact than if the opposite would be the case. Her attorney must be aware of this and advised her already. I do hope she has one.

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