If my wife were to die and my stepson father has never been in the picture, never met him, lives in a different state and is not on the birth certificate do I have legal custody over him.
The simple answer is "No." Adoption, legal custody, and guardianship are actually three different issues. Unless you had done a stepparent adoption before your wife died, you would not automatically have custody of your stepson. You could file in court for either guardianship or legal custody, but the biological father would have the right to challenge it. How successful he would be is very dependent on the specific facts of the situation.See question
I have been following the order but she has not
Read the exact order you have but typically in Ohio you cannot have someone violate the order on your behalf.See question
Married 6 years. He owns his own business, travels to Vegas. I'm his 3rd wife, I was recently diagnosed with herpes & fibromyalgia. I had STD testing done prior to marriage which came back negative. He refused. I have been told by his 2nd wife t...
There is no way I can think of to prove the heroes came from him and not someone else (and yes that accusation will probably be made). If you want a divorce you can probably get one on an issue much easier to prove. Spousal support depends on a lot of different factors but who is at fault for the marriage's breakdown isn't generally one of them. That being said, it would be worth talking to an attorney in the area you live in as local standards vary from one part of the state to another. If it is helpful, there and medicines and dietary that will suppress the virus so it has less impact on your life. Sadly one of the hardest things about life is that people can do very unfair and lasting damage without being held accountable by the legal system. You might also consider talking to a personal injury attorney about the odds of that kind of claim separate from the divorce. Good luck.See question
He is 85 I am 56 we have been together for seven years. He recently started to have treatment for the beginning stages of Alzheimer's. His doctors have not declared him incompetent, he is still capable of everyday life. His children are trying to ...
I would do two things: 1. Lawyer up so you don't have to talk to his children directly. It will save you a lot of heartache. 2. Make sure your husband has a durable power of attorney in place because you can expect as he declines that his children will file for guardianship of him. That is a more likely problem than them trying to get his marriage annulled or force a divorce. I'm not even sure how one could do that. Other estate planning should be done as soon as possible and videotaped in case his children contest his competency to make those plans after he passes away.See question
To save money, can I fill out an on-line form and have it notarized? Or does the form need to be filed with an attorney to be legal? Thank you.
You have two problems with online forms: the substance and the execution. If you have enough assets to make disposition through a trust, it is worth paying someone to set it up correctly.See question
I want to separate from my husband and buy my own house. He is trying to prevent me from doing this despite me having been pre-approved for my own mortgage based on my income as he will not sign off on dower rights so bank will not close loan for...
If you use marital assets (generally anything (acquired during the marriage other than through inheritance), you will not be able to avoid claims by your husband to what you buy with it. I would see a divorce attorney first to discuss options if you are planning to separate anyway.See question
I have multiple misdemeanors dating back to 08/09 - in these years I had a drug charge, 2 OVIs, assault, trespassing and maybe even 1 or 2 other charges and just recently in 2015 I just got a 3rd OVI. The oppression from these events is leading me...
Yes, it is possible. That being said, I would keep my nose absolutely clean during law school and see someone who practices in bar admissions to do prior planning about what the c&f committee will be looking for and how to prepare your candidacy starting preferably before you enroll in law school. It is worth considering applying in other states besides Ohio depending what your options are. Feel free to call to discuss further.See question
I own multiple firearms, but keep them locked in a safe. He does not have the combination. I am an upstanding citizen. I am trying to help my brother in law who got out of jail last year. He is bettering himself by living with me and working on my...
I understand you may feel you are correct according to the letter of the law. I also do not know what the restrictions of his probation are, which are often more far-reaching than the law would otherwise require (shall not consume alcohol comes to mind). If you are trying to get your brother's probation transferred to Ohio, this is really not the approach you probably want to take. They do not have to transfer him at all and a bureaucrat can make your life very difficult regardless of what the regulations say.. Can you keep them at work or on someone else's property? I realize it seems unfair, but this is going to be part of the new normal for your brother, at least until he is off probation.See question
I have a child support hearing tomorrow and my wife hired my lawyer that has been working on my law suit from a year ago when my house caught on fire. Is this a conflict of interest?
If it's not "substantially related matter" the lawyer may be able to do it as long as s/he doesn't use information from your other case to your disadvantage. See Ohio Rule of Professional Conduct 1.9. Personally, I wouldn't touch it because I can think of a number of different ways that other case could affect your financials. Also, if your ex has an attorney so should you. Good luck.See question
I was found imcompent by a pyschartrist. Years ago and it was court appointed me a guardian. and,I am 22 and,I am pregnant. And I got a pscharist to say I am compent. On. A expert. Evaluation for the court and. I want to remove my guardian he ha...
You would have to file a motion to terminate the guardianship and present that evaluation, preferably with the evaluator also there to testify. I wouldn't go without an attorney. Ohio Revised Code 2111.47 provides that if the necessity for the guardianship no longer exists the probate court should terminate it. Good luck.See question