Skip to main content
Jeffrey Steven Hale
Avvo
Pro

Jeffrey Hale’s Answers

389 total


  • If my husband is still married to his first wife and myself does that mean my marriage is void or do I file for a divorce?

    My husband and I are separating but I just recently found out that he is still married to his first wife.

    Jeffrey’s Answer

    Under Ohio law, your marriage would not be legally valid. I would contact an experienced family law attorney and discuss your options with that individual. An annulment would legally "erase" your marriage, but as attorney King pointed out, you may not want that if you have children that were born during your marriage.

    Avvo has a very good attorney finder. I would use it to find someone in your area that can help guide you in this decision.

    See question 
  • Once divorced can you take ex spouse back to court for more money and other issues?

    I'm divorced

    Jeffrey’s Answer

    Your question needs to be a little more specific. For issues involving spousal support, if the court did not retain jurisdiction, then the issue is not open for review. If the court did retain jurisdiction, then they will look at it and determine if a modification is appropriate to consider under a "change of circumstance" standard.

    Property issues can not be reviewed unless you are attempting to reopen the case under some issue such as fraud or mistake, typically a 60B motion in Ohio.

    I would consult an attorney if you have been served with something such as this, because Ohio has a 1 year statue of limitation on these types of motions. So you will want an experienced attorney to review it.

    If you are considering the above actions, you will want an attorney to consult with you before you spend you time and money on something that is legally and/or statutorily blocked.

    See question 
  • Am I entitled to back support since he kept delaying the divorce?

    Getting a divorce in Ohio. Husband has attorney but has drawn out divorce. I do not have attorney yet. Husband has finally agreed to certain amount of spousal. He filed back in May 2015. Am I entitled to back support since he kept delaying the div...

    Jeffrey’s Answer

    The question of your back support will depend on the date in your agreement. You will typically have an effective date within your agreement. This will determine the amount, if any, back support.

    I would consult an attorney immediately before signing anything.

    See question 
  • Will this affect my case against her in a negative manner? Is this allowed under current Ohio law?

    I am currently in a child custody case in mid Ohio. There might be a conflict of interest. The mother is using a lawyer that her own mother used against her in a previous custody case involving her first child from her first marriage. This same l...

    Jeffrey’s Answer

    Conflicts require a very fact specific review of the matter at hand. Based on what you have presented, I would not see a conflict that could not be resolved with a full disclosure and waiver.

    Your ex may use whatever attorney she is willing and able to pay for. Since this attorney has never represented you, I do not believe the other issues raised would create a conflict that would prohibit her from using this attorney in a matter concerning you.

    See question 
  • Is the other party in a shared parenting plan required to provide a crib/bed for the child to sleep in at night?

    I have learned that the other parent in our shared parenting plan does not have a crib/bed for our child. Instead our child has been sleeping (overnight sleep, not just during nap time) in a very old pack n play or in the bed with the parent. This...

    Jeffrey’s Answer

    Unless it was placed in the original shared parenting plan, the other parent is not going to be "required" to provide a certain crib or bed. If you are concerned, you will need to file a motion with the court and attempt to modify your current plan to include the requirement.

    See question 
  • How do I get my 1 year old daughter back and custody from my sister who wants me to have custody back?

    My children were taken 5 years ago and after 4 were taken by JFS I had 2 after and they were both taken at birth. II gave up my parental rights for the four oldest who were in a foster home for almost 2 years prior to me giving up my parental righ...

    Jeffrey’s Answer

    You need to collect all of your paper work that establishes where your children are to be placed and in the custody of whom. You need a very experienced family law attorney to discuss your options at this point.

    Based on your information and the involvement of JFS, you will have a very long road ahead of you in any attempt to get custody of your children returned to you.

    See question 
  • What is my best course of action a i want a divorce, but he scares me, knowing there is one minor child involved?

    I have been married for nearly 11 years. The 1st year i was pregnant and my husband refused to touch me. There was also about 7 years of severe emotional and psychological abuse to myself and my son, which has since caused me to suffer from seve...

    Jeffrey’s Answer

    You need to immediately seek a consultation with an experienced family law attorney. I would suggest filing for divorce and requesting temporary orders. The orders are used to address custody of your son and the payment of bills and living expenses during the divorce.

    The longer you stay in this relationship the more damage that may possibly be caused by the emotional/mental abuse.

    Avvo has a very good attorney search feature that will help you locate an experienced family law attorney.

    See question 
  • Could the father of my child get rights to the child is he has a criminal record with domestic violence?

    So I am 21 years old and 7 months pregnant almost 8 months. The father hasn't done anything financially to help with the baby. I have a stable job but I am living at home with my parents. At first the father was saying it wasn't his. When we got i...

    Jeffrey’s Answer

    First and foremost, since you are not married, you will be deemed the custodial parent immediately upon the birth of your child. Next, he can not simply "sign his rights away" to avoid child support. He does not get to make the decision of whether or not he will financially help support the baby.

    As for his criminal history, the information you have provided is not nearly enough to determine if there would be enough to exclude him from the child's life if he tried to establish parenting rights. From your description it appears he is not very ambitious, so having to go court to establish his rights may be more than he is willing to do.

    I would contact an experienced family law attorney and discuss your concerns with them in order to get a more specific explanation of your rights and options.

    See question 
  • If a father is already listed on the childs birth certificate does he automatically have rights?

    If the father is listed on the childs birth certificate at birth, does he have rights already or will he have to take the mother in front of a judge to establish rights if the mother doesnt allow him the time he wants? And also, if not married and...

    Jeffrey’s Answer

    In Ohio if a child is born out of wedlock, the mother is statutorily deemed the custodial parent of the child. The father will have to petition the court in the county where the mother and child live in order to establish his parental rights.

    Until a court grants the father visitation/parenting rights, he has none. The mother can include or exclude him at her whim.

    If mother and father agree that he is the father and he wishes to be listed on the birth certificate, they can simply list him as the father at the hospital and his name will appear of the birth certificate.

    See question 
  • Do I have custody . she's 17 and I'm 20 she was 16 and I was 19 when she had our now 8 month old daughter .

    Someone told me I had custody because she's a minor and I'm not I was also told since she signed adoption papers and I didn't that it takes her rights away . I have been worried since she hasn't been taking care of her right not giving her sensiti...

    Jeffrey’s Answer

    If you have not been married, the mother is deemed the custodial parent.

    You will need to file a petition for custody in the county where the mother resides. Juvenile court will have jurisdiction over this matter.

    I would advise you to find an experienced family law attorney to help you. The money you spend will be worth it to ensure the safety of your child.

    See question