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Lee Alan Thompson
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Lee Thompson’s Answers

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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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  • My son (who is 7 years old) father abandoned him for 6 years. Now he is demanding visitation rights do I have to agree?

    My son father abandoned my son for 6 years. He wanted nothing to do with him from the beginning. My son father moved to Texas. Last year my son finally meet his father and spent the summer in Texas with him. It was the worst thing to do. My son fa...

    Lee’s Answer

    The short answer is no. You're obligation is to follow the court order. It appearing there isn't one, you can keep your son in Ohio. If there is order, you can modify it.

    What is not stated is whether or not you were ever married to the father. If you never were, by law, you automatically have custody. It would be up to the father to file to get rights to see your son. That would have to be filed in Ohio.

    Try to get a consultation with an attorney. Many do an initial consultation at no charge.

    Best to you,
    Lee

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  • Would my girlfriend lose custody of her kids because she is with me? I just got out of rehab and I'm a recovering addict.

    me and her met and started dating back in 2012. I started using heroin around that time but of course it got progressively worse. She kicked me out in 2014 and I got even worse. But I entered rehab in February and just got out last weekend and ...

    Lee’s Answer

    You've received two answers and both are correct. This is really more a question your girlfriend should be asking though. At the end of this, I'm going to link R.C. 3109.04 and I want to direct to (F). It sets forth what the court should be looking at as far as the best interests of the child.

    Your girlfriend should consult an attorney now in case the father does file for custody so she can be ready. The first thought is you are a detriment to her. But, the real question the father is going to have to answer, and he'll have a problem doing it, is why, if you're so bad, didn't he do something before. In other words, why didn't he do something to get the child before she kicked you out in 2014? Another question he'll have to answer, and this one gets harder with each passing week, why didn't he file for emergency custody as soon as you got out and back with her, assuming the two of you are living together. What I'm saying is, the sting she potentially feels in this gets less with each passing day.

    That's about the best answer I can give you based on what you've written but she is the one that needs to be seeking legal help in the form of answers. By the way, if you're not living with her right now, that helps. It doesn't mean it has to be this way forever, but for a period of time, it would help.

    Take a look at this link: http://codes.ohio.gov/orc/3109.04

    Best to you,

    Lee

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  • Divorce decree and mortgage

    If my divorce papers gave my ex husband the rights to sell the home and he was unsuccessful he also stopped making the mortgage payments, resulting in a complaint of foreclosure, I decided to pay off the mortgage in whole and all other fees asso...

    Lee’s Answer

    There is an unknown in the question, ie. was he ordered to make the payments until the home sold? Two things though. If he was ordered to sell home and simply stopped, he there may be a contempt for the failure to follow through. That would be of little help now however.

    If however he was to make the payments until sold and stopped, that would be a valid contempt to pursue. The remedy you really want is to recover your money. There are some other questions though and it would require speculation on the part of any attorney attempting to answer this question on this site.

    Because of the nature of this question and the unknowns, it would in your case be advisable to consult a domestic relations attorney in your area. If you had one during the divorce, that may the person to contact first.

    Best to you,
    Lee

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  • I keep getting denied for SSi i dont know what to do

    i have had many surguries and i dont know how to count money barley and i been in special classess my whole life , i been denied SSI five times and i just dont know what to do

    Lee’s Answer

    A question that requires way more information to even begin to try to answer it. It sounds as though you may be representing yourself. For a supplemental security income case or, for that matter, a social security disability case, you really should have an attorney represent you. I don't say this just because I'm an attorney. I say it because it's a very complicated area of law.

    When you get turned down, there are time limits to take the case to next level. You don't say if the case is pending awaiting your next appeal but, get an attorney experienced in social security disability law. Look online or in the Yellow Pages and you'll find many in the Cleveland area.

    I know this answer isn't much but, the question itself doesn't have a great deal of information. Plus, it would require a thorough review of documents.

    Best to you,

    Lee

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  • How long does a dissolution normally take in ohio. waiting for 2mo. for final decree to be filed by att. is this normal

    paid att. in sept,2014 to file didn't file until jan. 2015 court in feb final decree sent out a week later still waiting for attorney to file should I get my own att. to file since this taking so long

    Lee’s Answer

    I'm kind of at a loss on this one. When I do a dissolution of marriage, I take final decree with me to the hearing and get it approved at the conclusion of the hearing. At that point, walk it to the Clerk's office, file it in, and everyone leaves with a file-stamped copy.

    Ohio law only requires that the hearing be not less than 30 days nor more than 90 days after the dissolution is filed. See http://codes.ohio.gov/orc/3105.64

    It only speaks to appearing before the court, not that the final decree has to be filed. Still though, two months is a long time to wait. The attorney was only able to represent one of you. The person represented should contact him/her and find out what is taking so long. Let me add one thing, I don't practice in Ashtabula and maybe there is a local rule covering this but I would tend to think any local rule would be to limit the waiting time only. Talk to the attorney that did the dissolution. I would hope you do not have to get an attorney to do it for you. If you do have to get one, it would be a fairly simple matter to care of though.

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  • Divorced four years, Husband property foreclosed on! How am I responsible? What can be done to me?

    Divorced in 2011. Quick claimed deed property to Ex. Foreclosed 2015 Did not file Banckruptcy both names on loans as neither had good enough credit to Re-Finance So what can the do to me! Court date scheduled for August 31?

    Lee’s Answer

    I'll do the best I can to answer this but there's not enough information. If by "Husband" and "Ex." you are referring to your former husband, what would happen would be guided by the order granting the divorce. If it requires you to pay, you could be in contempt. If it requires him to pay, he could be in contempt.

    The quit-claim deed transferred the title of the property only, not the payment to the bank. In other words, even if the court said he is to pay it, the bank is entitled to the money from either or both of you. The bank was not a party to your divorce is not bound by the court order. That's where refinancing would have come in. If your former husband kept the home, normally he would refinance thus relieving you of any obligation to pay. I'm making an assumption though since he kept the home, he was probably supposed to pay.

    You don't say what can of hearing it is August 31st. If it's a contempt through divorce court, it would indicate you were supposed to pay although because you want to know what can be done to you, but I'm not sure why if he kept it. If it is a contempt, get an attorney and defend it. If the August 31, 2015 hearing is on the foreclosure, you can either defend it or talk to an attorney about filing a bankruptcy. A bankruptcy may be your only option but, make sure at your consultation the bankruptcy attorney has a copy of the order terminating your marriage. Or, call the attorney at represented you in the divorce, if there was one. I'm going to guess by the way the question is framed and the loose ends on the home, there may not have been. If not, speak to one now.

    Best to you,
    Lee

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  • Options for divorce with children

    My boyfriend and his wife have been separated for 8 years. She has a boyfriend (that wants to marry her) and we would like to get marryed, but she will not sign disillusionment papers because she thinks she will have to pay child susupport. They a...

    Lee’s Answer

    The advice you are getting is correct. If no one can afford an attorney, though I do advise each person get one because there are some complicating factors. If all parties want to try it on their own, you could here for forms. http://www.supremecourt.ohio.gov/jcs/cfc/drforms/

    You have to choose the correct forms and make sure everything is done properly. It would be easier because of the issues to utilize the services of an attorney and sometimes less costly if an error is made.

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