Thomas Arthur McCormack's Answers

My ex-fiance and I have a 3-year-old and want to establish joint custody but neither of us have ever paid child support.

Formal shared parenting is a court ordered relationship, so if father wishes to establish custodial rights, he need to file a complaint for an allocation of parental rights with the Juvenile or Family Court in your county. Beforehand, the two of you can work out the terms of the shared parenting plan (it has to be in writing) and you can then present it to the court. You will also have to calculate child support using the Child Support Computation Worksheet and arrive at a child support figure....

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What legal rights does an unmarried mother have

An unmarried woman is the natural legal custodian of her child and a father has no rights other than those granted to him by a court having jurisdiction. In Cleveland, that would be the Cuyahoga County Juvenile Court. Absent a court order, or an ongoing proceeding, you have all the legal rights to do as you deem appropriate for your child, including relocating to another state. THE ANSWER PROVIDED is for general informational purposes only. This attorney does not intend to give legal advice....

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Can my 10 yr old refuse visitations with her dad?

No, but most parenting orders require you to immediately address the issue by getting the child into counseling. You and the father should participate in the therapeutic process in the manner, and to the extent, deemed appropriate by the counselor. Father should pay for his portion of that process. At the same time, you should file a motion to modify the parenting time schedule to reflect the child's needs as identified by the neutral, third party counselor. If you merely deny parenting time...

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I helped my wife clean up her debt before we got married.We bought a house in her name. She says I'm not entitled to anything?

She's simply wrong. If property was acquired during marriage, and the funds came from money earned during the marriage, and the mortgage was paid with earnings during the marriage, the house is marital property and is subject to division by the domestic relations court no matter whose name the title is in. If the down In a marriage, title means nothing if the property was acquired during the marriage, with funds earned during the marriage. But look, don't argue with her. Just find competent,...

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My wife and I have never lived together and have been married seven years. Are we considered legally separated in Ohio.

No, you are not considered legally separated. There is a proceeding for a legal separation that looks pretty much like a divorce, or the parties may agree to the terms of a separation in a written separation agreement. That being said, a court will take into consideration the fact that your spouse would not live with you in determining issues of property division and support. THE ANSWER PROVIDED is for general informational purposes only. This attorney does not intend to give legal advice....

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Am I entitled to any of my husband's social security when we divorce?

It is not clear what you mean. The amount of his monthly payment will be taken into consideration in a spousal support order. Plus, if you've been married for at least ten years, you can have your own benefit based on his earnings if they're larger than your earnings. These are called derivative benefits. If your husband, or ex as the case may be, has not applied for benefits but can qualify and is 62 or older, you may have a waiting period after the divorce. THE ANSWER PROVIDED is for...

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Can an employer stop contributions to a 401k without providing notice to employees?

Are these contributions that are deducted from your pay? There may be a problem that the U.S. Department of Labor, Employee Benefits Security Administration can help you with. It will investigate and inform you as to where your contributions went. THE ANSWER PROVIDED is for general informational purposes only. This attorney does not intend to give legal advice. Evaluating the statutes and case law, as well as any relevant court documents together with a more detailed factual analysis could...

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Can I take the 2009 Tax Exemption?

I think that because your child is over the age of 18 and child support has terminated, the court may not have jurisdiction over the issue of who takes the exemption, since the right did not arise until after the emancipation. Who supports the child after emancipation? That person probably has the right. THE ANSWER PROVIDED is for general informational purposes only. This attorney does not intend to give legal advice. Evaluating the statutes and case law, as well as any relevant court...

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Will the police forcibly bring my 16yr old back to me from his dad's house if I ask them to?

Since you've permitted the child to live with the father for such an extended period of time, the police may be unwilling to intervene and may leave you to your judicial remedies. Notwithstanding the prior order, it may be argued that the child should stay with father unless, of course, you can prove your allegations, and it is unlikely that the court will resolve this with a contempt citation. You should probably file a request for the court to enforce the original order and let the court...

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How can i get full custody of my son from my ex girlfriend who has assaulted me and is keeping my son from me

You need to file a complaint for an allocation of parental rights in your local juvenile court. Once you're established as the father, the court will consider the allocation of parental rights. You would have to prove that it is in the best interests of the child that you be designated the legal custodian of the child. She doesn't have to accept your parenting plan, she can wait until a court decides what that plan should be. An unmarried woman is the natural legal custodian of her child and...

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