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Betty Jean Burley

Betty Burley’s Answers

422 total


  • Can my 17 year old son whom I haven't been able to see or talk to in 11 years come and live with me without his dad's permission

    I'm in ohio and they are in Florida. My ex has done everything to keep my kids away from me. I have tried going to court but ohio says its in Floridas hands. And Florida won't even acknowledge me because I'm not a resident. What do I do?

    Betty’s Answer

    You will need to retain counsel in Florida (or at least address this to Florida lawyers rather than Ohio lawyers).

    The short answer to your question is "No." Your son is a minor and can't come to live with you without Dad's (or the court's) consent if Dad has custody.

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  • I recently got legal custody of my daughter and my ex-boyfriend got visitation. He now wants shared parenting.

    What are the chances of that? I asked him how he can get shared parenting when he works all the time, he states that's what daycare is for. I would think that time should be spent with the parent not 8-10 hours in a day care. He said he guarantees...

    Betty’s Answer

    Shared parenting is less about the amount of visitation and more about who makes the major decisions affecting the child. In order to modify custody, he will need to demonstrate a change in circumstances since the custody determination and that a change in custody is in the child's best interest.

    If he were to win on a motion for shared parenting, his parenting time might be no more than it is at present. Whether or not he will pay child support depends upon which parent is named the residential parent for school district purposes and whether or not a deviation from guidelines in order.

    If he does file for shared parenting, you should consult with a qualified family law attorney.

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  • Ex purchasing car for 16yr old minor, i have full custody, Ohio. I disagree w/her driving. I insured HER but do I HAVE to addCar

    Our daughter out of control, worried about her safety--definitely should not be responsible for driving, let alone her own car. Is there ANYTHING I can do to stop this legally (her CAR)? I cannot control ex decision to purchase, my auto insurer sa...

    Betty’s Answer

    If you truly have full custody, you can refuse to have the car at your residence and take it back to her mother.
    I would insure her to protect yourself. Talk to the lawyer who handled your divorce to be sure that you are within your rights under your decree.

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  • Would using an attorney be advantageous in the state of OHio to try to block an unmarried father from visitation rights?

    Unmarried mother has sole custody of child-father left state for 18 months addicted to heroin-has criminal background-no payment of child support until recently, no help at all with medical bills-has not had rehab for drug problems

    Betty’s Answer

    Child custody is always difficult and involving an attorney is generally advantageous. It is unclear exactly what your situation is. If father has filed an action, you should consult counsel. If father has not filed for custody/visitation and there is no standing order, then there is no "offensive" measure that you can take. You already have sole custody, so unless he files, there's nothing for you to do unless you marry and your spouse wishes to adopt.

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  • What needs to happen if my husband and i are adopting a baby when mother signs over rights

    the mother has 6 kids and is currently pregnant again and she is wanting to sign over her rights to her 6 month old little girl. also if the mom says she doesn't know who the father is what needs to be done then? i don't know much else about the c...

    Betty’s Answer

    I would advise involving an attorney in the adoption. Mother will need to sign a consent to the adoption. The Ohio Putative Father's Registry and will need to be queried. You and your husband will need to have BCI checks done and may need fingerprinting as well. Depending on the county, you may also need to have a physical examination. Once all of these things are completed, you will file the application for adoption and then the court will appoint someone to conduct a homestudy as well. Once the homestudy is completed, there will be a hearing. If there is no father in the registry, the judge may grant the adoption at that time, or he may issue an interlocutory order to be finalized some months later.

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  • How can I press charges for assault and battery against my ex boyfriend who broke my finger, cut me and suffocated me in 2011?

    We lived together and on several occasions he threatened to have his way with me by giving me silent treatment, if I didn't do what he wanted he say"Oh you'll be sorry." He put my belongings out for trash. On another occasion he blocked my path, c...

    Betty’s Answer

    It is likely that the statute of limitations has passed in your case.

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  • Can I sue for medical expenses?

    I was walking down the street and a branch fell off a tree and hit me, injuring my back and leg. I'm 15wks pregnant and the tree is on private property.

    Betty’s Answer

    You can certainly sue, but the likelihood of success depends on several things, including whether or not the owner knew or should have known the tree was dangerous and whether or not the city has a tree ordinance. You will need to consult with a personal injury attorney.

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  • Man in Ohio wants to give up parental rights due to the harassment from biological mother

    Just want to give his rights up

    Betty’s Answer

    There is no provision in Ohio law that allows you to "sign away your rights." The law is clear that if you fail to financial support and/or maintain contact with your child, your rights can be terminated and the child may be adopted by someone else, however, that is not something that you can control.

    The short answer to your situation is that you have to pay child support, but the law can't force you to be a parent.

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  • My 11 year old went to a salon and had a minor cosmetic procedure done. Does the salon need a signed release by a parent?

    An adult took her to the salon however this person is not parent nor legal guardian. The process required chemical application. When I asked at the salon they said they do not need anything signed, only that there is an adult present.

    Betty’s Answer

    The Ohio Administrative Code requires parental consent for a minor to tan, but I do not see similar requirements for color or perm type services. If your child was actually injured by the application of the chemical, you may have a claim.

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  • Can Ohio Law force her to raise our baby?

    I found out that my (then) wife was taking birth control pills even though she knew I didn't approve. I made her throw them away and promise never to do that again. I won't get into details, but I also found out that she was falsely accusing me o...

    Betty’s Answer

    If she was pregnant during the divorce, the child custody issue SHOULD have been dealt with as a part of the divorce. She would likely have had to perjure herself at the final hearing, as ever hearing I have ever been present for involved the wife being questioned regarding whether or not she was pregnant.

    I would suggest that you contact the attorney who represented you in your divorce to file an appropriate motion.

    In terms of forcing her to raise the baby, that's not likely. You should immediately register with the Ohio putative father registry. Once you have done so, you will need to be notified for an adoption to take place in Ohio. Without knowing the whole story (which I do not recommend posting in this very public forum), I cannot predict who would raise your child if she will not, but the court would first have to find grounds to terminate your parental rights before an adoption could take place.

    You should contact a lawyer as soon as you are able to do everything you can to protect your legal rights.

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