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Lee Alan Thompson
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Lee Thompson’s Answers

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  • I need a divorce attorney with no money down until I get alimony. No small kids

    I lost my job so I don't have the money to pay. I have been married for 27 years come this August. I haven't lived with for going on 6 yrs. He left me for the woman he cheated on with me after are last kid turned 18 yrs old. So I'm stuck in a hous...

    Lee’s Answer

    You may be able to find one. It's not typical but depending on various factors, an attorney may consider it. What you would need to do is make phone calls but, set consultations. Many attorneys do this without cost. If your opening comment on the phone is I want an attorney to take a divorce with no money down, it's not likely to work.

    Not often, but I've done this before where I was reasonably certain the court would make an attorney fee award. If I guess wrong, it's my problem. But, with a 27 year marriage and making assumptions about income and property, you may be able to get someone. Get on the phone and start making calls.

    Best to you,
    Lee

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  • How so I go about getting my kids back in my custody?

    my mom took my kids from me 5 years ago. She got information from people that was false. She told the judge that I wasn't taking my medicine, I wasn't feeding my kids, I wasn't paying my bills, and I was doing drugs. I got my apartment taken away ...

    Lee’s Answer

    It sounds as tough at least one part of what your mom told the judge was correct, about not taking your medication. Since a judge was involved, there just have been a court order giving her custody.

    What you would need to do is file a motion with the court to modify the order giving her custody. You would need to show a change of circumstances and it sounds like you are doing well now, so that should make it easier. The more negatives before that are now positives help you. It wouldn't hurt to have an attorney on this type of case, or at least consult one.

    Best to you,
    Lee

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  • I just left my husband for another woman. We have 4 children together. Is he able to get custody of my children?

    The girl is 20. I am 34.

    Lee’s Answer

    There's not enough information here to answer the question. The court determines the best interests of the children using the custody statutes. Right now by law, you stand equally before the court so the answer is, either of you can get custody. By the way, I moved your question to the child custody section for questions and answers with the hope you would get more responses.

    This is a very long statute but what you need to be looking at is http://codes.ohio.gov/orc/3109.04. Start specifically with section(F) if you don' t want to read the whole thing, and I wouldn't blame anyone for not wanting to read it all the way though. But that one section, you should take a look at it and you can always consult an attorney about specific questions you may have.
    Best to you,
    Lee

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  • If I got divorce while pregnant. Could I take him back to court stating I wasn't in the right state of mind during the divorce.

    Wanting to know if I can go back for 1/2 the house. I'm suppose to be out Jan 1st.

    Lee’s Answer

    What you are attempting, or wanting to attempt, is set to aside the divorce. There are time limitations but let's say you're okay on those and could file a motion pursuant to what is known as Ohio Civil Rule 60(B) to vacate the divorce. Saying you were not in your right state of mind wouldn't be enough. You'd have to be able to prove it and it would take expert testimony. It would be extremely difficult is my thought.

    You mention pregnancy too. While the property division is one thing, what you don't say is whether the child was born while still married or after. If a child is born within 300 days after the divorce, we start with a presumption your former husband is the father. That is an issue that can be addressed.

    If you have the money for an expert witness and you're within time to file a 60(B) motion, talk to an attorney. You could do it without expert testimony but it would be very difficult.

    This is the Rule you need to look at. http://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf

    Best to you.
    Lee

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  • I'm a victim of domestic violence wanting to get a divorce from my abusive husband, I relocated to get away.

    Married in Va, he was cheating on me, have proof, was in the army reserves, informed them of the abuse as well of his affair with a female reservist, by sending the pictures of my bruises, n the proof of his affair, he was instructed to stay away...

    Lee’s Answer

    There are a couple things you can do to get started. The prosecutor's office should have told you about one but if it didn't, you can get medical and related bills paid by filing a victim of violent claim. There is a statute of limitations but if I'm reading this right, you should still qualify to file. Look at the link below, you should be able to apply online.

    Regarding your main question, you would need to file a divorce in the county you have lived the past 90 days(I'm assuming you already meet the six month state residency requirement). If neither is true, you would have to go back to the county and/or state where the residency requirements are met. The fact you were married in Virginia does not in and of itself mean a divorce has to be filed there.

    Best to you,
    Lee

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  • Visitation

    My kids father never picks the kids up for his scheduled visitation, his parents do and then keep them during his time. They even refer to it as "their" time. He goes over and visits with them Sunday. Can I refuse towt his parents pick them up? Ho...

    Lee’s Answer

    May, but you need to be careful. The order may allow others to do the transportation. It isn't "their" time though. It would need to be modified through the court though, not something you just do on your own.

    The other thing to watch for if you do this is whether his parents then file for grandparent visitation. Typically a grandparent will not get as much time as a parent, but still, something to consider.

    So, on the refusal, check what the order says and also look at the local rules. There may be a provision that allows it. This is where an attorney may need to look at the order to best interpret it. Also, what is not said is why the father is not there until Sunday. If he has a legitimate reason, such as working out of town, that may be factor the court considers in his favor.

    Best to you,
    Lee

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  • What can I expect to get out of my divorce?

    My husband moved me and him to Ohio from Texas 5 years ago for a job. I have two children that were in their teens at the time. The kids did not want to move so they moved in with their father. My husband had verbally abused and belittled me for ...

    Lee’s Answer

    You don't mention anything about property but despite the fact you rent, there is probably personal property to divide. If your husband has any kind of pension, the marital portion would be subject to division.

    The threat you "won't get a dime" is an empty one. Based up on the disparity of incomes, it should be spousal support case. The questions are how long and how much. The court may also award you attorney fees. In your particular case, because one issue going to be spousal support, and I have to believe there is probably a pension, consult with an attorney to determine your legal rights and how to proceed.

    Best to you,
    Lee

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  • I just need to know how much does a divorce for abandonment in Ohio cost.

    got married 5 yrs ago been separated 3 of the 5 years i cant get an address for her and want a divorce

    Lee’s Answer

    The cost is going to vary from attorney to attorney so it's difficult to answer that part of the question. You would have to make phone calls to attorneys to find out.

    If you were able to come up with an address, it would save the cost of publication in the newspaper, which can be expensive. There is another kind of posting though that wouldn't cost much at all. If you are indigent, you may be able to do a publication by posting. This procedure can be found in Ohio Civil Rule 4.4(A)(2).

    Not stated with clarity is the separation itself. One ground in Ohio that easy to use is living separate and apart without interruption or cohabitation for more than one year immediately preceding the filing of the complaint.

    Best to you,
    Lee

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  • Can I limit who can be at child visitation exchanges?

    I live in Ohio and we have a finalized divorce with a shared parenting plan. In the papers it says that we are to meet at a specific time and date but nothing else. She recently got a new boyfriend and he has been coming to every exchange and yell...

    Lee’s Answer

    I would use an attorney since your ex probably will not agree. Despite him degrading both you and her, she is choosing him and is going to stand by him. The court isn't going to look kindly at this since the child is there when he does this.

    So yes, you can modify it. The reason you may want to speak with an attorney though is because it may be you need to take further steps to protect your child at times other than exchanges.

    Best to you,

    Lee

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  • Do I need a child custody lawyer?

    I just moved to Ohio from Florida this weekend. I couldn't bring myself to tell my husband. We have been separated for over a year and I have custody of our son. The divorce papers have not been filed. He says it's a third degree felony and I'm re...

    Lee’s Answer

    Both answers you received are correct. The state for the determination for custody is Florida unless you can manage to stay here long enough to meet the residency to file a divorce and for custody. Your son needs to live here six months.

    Laws regarding parental abductions vary. In some states it is a criminal offense, but not in all. I can;t answer for Florida. You would need to speak with a Florida attorney. Generally it is not a criminal offense but in Florida maybe it is. Again, contact a Florida attorney and also post this question for Florida attorneys to try to get a quick answer.

    Best to you

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