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Melissa Ann Graham-Hurd
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Melissa Graham-Hurd’s Answers

44 total


  • Is there a way I can get a quick dissolution without my spouse being present and a lawyer in Ohio?

    Spouse lives in Michigan and is ill because of cancer, we have been separated since 2008 not living together at all since then, actually we both live with other people and are in different states. We agree on everything have no children together a...

    Melissa’s Answer

    A fully signed separation agreement laying out all the agreed terms can be attached to a complaint for divorce, that can waive service, and ask that a decree be issued containing those terms (just like in a dissolution). the differences are the hearing has to be at least 42 days (rather than 30) from date of service (date the waiver is signed) and only the plaintiff-spouse and a witness appear at the hearing (rather than both spouses). The decree would incorporate the agreement and grant a divorce on those agreed terms. Get to a lawyer who knows the ropes.

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  • Hi what can i do about a dissolution of marriage if i don't agree to the terms?

    My name is Cortney Garinger and my husband filed in the state of Nebraska and i have been living in the state of Ohio for over 6 months. we have two children together and he wants legal joint custody and physical joint custody. i do not want to go...

    Melissa’s Answer

    Get to a Toledo family law attorney right away. That lawyer may want to contact another lawyer in Nebraska to enter a "special appearance" and contest jurisdiction, while he/she gets a divorce started in Ohio. Don't agree to terms you don't understand - get to a qualified attorney.

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  • Child support

    I NEED help please my ex husband he always threatening me by cutting child support everytime cause he have evidence that i was cheating on him but he discovered that after we divorced can he cut the child support and what should i do please help

    Melissa’s Answer

    No, he can't cut down the child support, only the court or CSEA can change the amount due to your children.
    I agree with the other lawyer.
    If he is not paying child support, contact CSEA to get help in collecting what is owed.

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  • Does a maternal uncle of a child have any right to scheduled visitation with niece upon the death of sister/mother of child?

    I am the father of a 4 yr old girl whose mother has just recently passed away. We were never married and I live in a neighboring state. My mother currently has temporary custody of her. My ex's brother and sister-in-law are currently fighting me f...

    Melissa’s Answer

    Under Ohio law, relatives of a deceased parent do have the right to seek visitation and companionship orders with a child. Your record has nothing to do with that. If you do not have counsel in the process going on, I urge you to do so.

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  • Can child support take my bonus check plus my monthly court ordered child support?

    I pay a monthly court ordered dollar amount that my job has been taking out of my check for 10 months twice a month. Which I don't have a problem with. My daughters mother & I are very friendly about everything. I still owe a little over 3k from w...

    Melissa’s Answer

    I agree with the previous Attorney answer. If the employer is about to pay a sum over and above regular wages, it must notify the CSEA and if there are arrearages, CSEA will take the money, whether or not current support is being paid and whether or not the additional 20% payment on arrearages is being paid.

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  • I have share parenting andI'm going to relocate. the father do not agree to get my daughter out of state with me what can I do?

    our court paper recently establish in August '14. the father has poor communication and he was suppose to get a cellphone immediately according to the court. the father was not the one taking care of my kid, his mom does and everytime I have to dr...

    Melissa’s Answer

    You should meet with a custody lawyer practicing in the area where your orders were done last year to review your requirements for relocation.

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  • What should I do? Family Law

    I was never married and have full custody of my two children in Adams County, OH. I am wanting to move, in state, to Akron in June. Do I need to ask permission from the court to move? My ex has moved six times in five years with no notification to...

    Melissa’s Answer

    It is the residence of the children, not the residence of the parents, which is under the purview of the Court. You should meet with a family law lawyer in Adams County to review your order and take action, if required under your parenting decree.

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  • Dissolution final May 2014. We agreed to sell the marital home. To date, home is still not listed. Ex-wife lives there and I pay

    The court did not reserve jurisdiction and there is no specific time line listed for the sale of home. Can she continue to live there while I pay for this long? What are my rights and what can I do as this is causing me major financial hardship.

    Melissa’s Answer

    The Court ALWAYS has jurisdiction to enforce its own orders. You can seek enforcement of the Decree by filing a motion with the court, serving process upon her and obtaining a hearing. DO NOT DELAY. Seek counsel in your area right away.

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  • How can i get to where my son's father has no contact with him at all

    he wont sign his rights over and hes one of them dead be losers he doesnt pay child support and he abused my son and completly deny's it id really love for my fiancee to adopt my son but would i need my sons father to agree he lives out of state w...

    Melissa’s Answer

    In order to have a step-parent adoption, you and your fiance must be married for a long enough period of time that the court's investigator can make a determination that this new spouse parent will be a forever parent. Consent of father to adopt would not be necessary if there has been no payment of court-ordered support for a year, or no contact for a year, immediately before the adoption petition is filed.

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  • If a DNA test proves that a man is not the father of a child that was born during a marriage with a mother, does he have rights?

    My boyfriend is going through a divorce. While he was married to his wife, she got pregnant with another mans baby. My boyfriend knew the child wasn't his but still had his name put on the birth certificate and has raised that child as his own. Sh...

    Melissa’s Answer

    I agree that it is imperative that he meet with an experienced family law attorney as soon as possible so that discussions can take place regarding his wishes and all of the ramifications to him and to the child. There is indeed much caselaw regarding psychological parenting even if there is no biological bond, and non-biological-fathers have been awarded sole residential parenting over such children just as if they were the real father. There are many certified family relations specialists in the Columbus area, so make that call now.

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