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Robert Eric Somogyi

Robert Somogyi’s Answers

10 total

  • Can my wife move and take the kids with her before filing for a divorce or during

    We are in the state of Ohio and she wants a divorce. We have a house together and she threatened to get her own place and take the kids with her. There is and never has been any domestic violence or threats made. I have spent weekends at my parent...

    Robert’s Answer

    I agree with the responses submitted above. You need to keep in mind that no court has jurisdiction to interfere (make orders) in the lives of the parties and their children until an action has been filed. There are no restraining orders in place at this time, and therefore either party can move the children. You need to speak to counsel and address this situation immediatley if you believe that your wife may leave the area with your children.

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  • Legalizing Visistation Rights?

    I have sole legal custody of my son but I want to legalize the visitation he has with his father how do I go about doing that?

    Robert’s Answer

    A mother is deemed to be the de facto legal custodian for a child born out of wedlock. If either parent wishes to set forth his /her parental rights and responsibilities, they can do so be filing a Complaint in the Juvenile Court of the County where the child resides. If the parties have an agreement on all terms, an Agreed Entry can be submitted to resolve the matter.

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  • What is the chance of my husband and I getting cusody of his 8 month old son?

    The mother has taken the child to 2 hours away because my husband did not leave me to be with her. She can't hold down a job for more than 3 months and is currently living off of student loans which job and family services told her she could not d...

    Robert’s Answer

    A Mother and Father have equal standing per the Ohio Revised Code. However, a Mother of a child born out of wedlock, is considered to have custody until a father applies for the determination of his rights through court. The "best interest factors' are used by the court to determine custody after Father files with the Court. If the facts in your case would support your contention that the child would be better off primarily residing with Father, you have a good chance to prevail.

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  • Father getting custody back of his 5 year old from his mother?

    My friend is 33 with a 5 year old daughter. His mom has had custody of his daughter since 6 mouths old. He has always had standard visitation rights. Recently his mother has been going through life changes and taking it out on him. She wont let hi...

    Robert’s Answer

    Depending on how his mother, the paternal grandmother, acquired custody may be a factor in the legal standard that will apply when Father attempts to acquire custody of his child. Otherwise, parents have paramount rights to third parties. The Facts will direct the court's determination of what is in the child's best interest. Also, the biological mother's position/invovlment will be a factor for the court to consider. Further, maternal grandmother's contempt of the current court order will be another factor for the Court to consider.

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  • Help getting back chidsuport fr my daughter,since 1998 in Cleveland,Ohio my daughter will be grauating 5/30/12 support wil stop

    Cuyahoga childsupport agency had been looking for him since 1998 but he only started paying in Nov.2011 and the agency says tha I need to call legal aid to try and get it

    Robert’s Answer

    Only your current support order will terminate once your child graduates from High School and has reached 18 years of age. Back support/arrears should continue at the same monthly rate until the obligation has been satisfied. If you need help determining back support or to compel CSEA to accomplish this, an attorney may assist you in this regard.

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  • Can i file divorce or disolution myself if there are now shared assets or kids involved?

    I have lived separately from my spouse of 25 years for almost 4 full years now. Our home was foreclosed on our children are over 20 years of age we have nothing together any longer i would just like to have papers filed and signed and be done with...

    Robert’s Answer

    Since your children are now emancipated you will not need to deal with any of the issues dealing with the children, except if one of your children is not able ot care for him/herself. Whether there are many assets or very few assets, you can file for a dissolution of marriage if the parties agree upon terms. If the parties cannot agree upon terms, you can always file a divorce and represent yourself. With a long term marriage make sure you look into employment and social security benefits prior to finalizing any agreement. I would always recommend an attorney with a long term marraige such as yours who can investigate such issues.

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  • Can i get custody of my son whom i now have joint custody of switched to pysical custody and stop child support and not go to ct

    I have recently moved to Ohio my son lives in indy i pay child support for both sons,my oldest wants to move in w/ me he is 16 i need to know do i need to go to court to get physical custody we have joint custody now i also need to get child suppo...

    Robert’s Answer

    In Ohio you do not need to have physical custody of the child to modify child support if you have jooint custody or have a shared parenting plan. Under a joint custody/shared parenting plan you can request a modification of child support based upon the change of circumstance- in your case- now that you are the residential parent. However, If the parenting plan specifically names the other parent as residential for school purposes, you may have to modify that provision in order to enroll the child in school where you live. After you get possession of the child, you may be able to handle this matter through your local support agency.

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  • I have court tomorrow with the state asking me for permant custody of my son.

    We go to court at 8AM . There have been people asked to testify and everything. I do have an attourney but his answers to my questions seem vague like he doesn't fully know himself. Children services is wanting me to sign a submission paper signin...

    Robert’s Answer

    Perm. custody is considered the death penalty for parents by the Ohio Supreme Court. If the State makes any mistakes at all in the way they handled your matter and their attempt to reunify you with your child -you will prevail at the trial court level or on Appeal. If you sign a submission paper, you will be waiving your right to have a hearing and then appeal. Therefore, if you don't agree with perm custody, then attend the hearing and appeal if you lose. I certaintly cannot predict the outcome of the trial, but you have safeguards such as an appeal.

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  • Can I charge my husband for using my credit card?

    My husband & I are separated. When we got married my husband didnt have credit cards so I have given my cards thinking that we 're a happy family. He promised me that he will take care of the payments so I wasnt really looking into the statemen...

    Robert’s Answer

    Call your credit card companies and cancel his use of the credit cards. Have the company issue a copy of all bills to your current address. You can file for a divorce and request that your spouse pay the balance on the credit cards. You, specifically, have a good argument that all card balances following the the separation should be paid by your spouse as separate debt, in that the separation date is the most equatible date to use for valuation purposes.

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  • Court does not hold jurisdiction over spousal support and summons to appear filed.

    I was ordered to pay a lump sum within 60 days of decree but do not have to pay if the other party dies, remarries or cohabitates with an unrelated person of the opposite sex. The other parties attorney tried to get the wording changed before the...

    Robert’s Answer

    Cohabitation is not a black or white area. The more evidence that you can put forth of the alleged cohabitation, the more the court will be inclined to make such a finding. For instance, look at the mailing address, the address used for tax purposes and the address on file at the BMV of the alleged cohabitator. Also look to see if the cohabitator maintains a separate household. If not, cross-exam that person on all contributions made to your ex-spouse for living expenses.

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