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Loretta Marie Helfrich
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Loretta Helfrich’s Answers

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  • My rights as a father if I'm paying child support but she has full custody?

    Up until today I got to see my son whenever I wanted basically. Something made her mad so now she is refusing to let me see my son until I get a lawyer. Can she do this? Can she keep my son from me even though I am paying child support every month...

    Loretta’s Answer

    As said, child support and parenting time are two separate issues. I am assuming that you and mother were not married and that the child support order is through the juvenile court. I am assuming this because if you were married the court would have issued orders on support and on parenting time. In juvenile court the matters are typically handled in two separate cased.

    The payment of support does not entitle you to visitation. Until and unless you have a court order on visitation, you have not rights to visitation. That is Mother has full control over when and how often you get to see your son.

    Please seek a consultation with an attorney in your area. You need to get an action filed for visitation. These actions can take some time so act sooner rather than later.

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  • Can my ex-husband modify child custody terms a month after dissolution?

    My ex-husband wants to have our son, who is less than two years old, for 12 additional hours per week on top of a Thursday evening and every other weekend from Friday to Sunday morning. The boys go to church with me. He is threatening to modify th...

    Loretta’s Answer

    The attorneys who have answered are correct. Absent a substantial change in circumstances the court is not generally going to modify a parenting order. It is doubtful that there has been such a change in such a short time. As for the house, the provision is not modifiable.

    Your focus should be on learning new skills in dealing with your ex so that you are not being subject to his threats and numerous texts. This is easier said then done. You can limit your contact by having another family member present to do the exchange of the children and simply not reading or responding to his texts or phone calls that are threats.

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  • Will contempt stick, and motion be granted?

    I have filed a contempt/motin for childrens dad not following shared agreement. He has not had children on their designated times asking me to keep them every week. I was glad keep every week he asked me last school year in May 14' because bus doe...

    Loretta’s Answer

    I suggest that you seek counsel to assist in this matter. You may want to consider filing a motion to modify or terminate the shared parenting plan based on a change in circumstances. The change would be the way parenting has gone for the last year. Even if you would prevail on a contempt motion, the remedy would be to enforce the agreement. It sounds like this is not what you want. Please seek an attorney promptly.

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  • I completed my degree while legally separated. Will my non-custodial ex get child support based on my new earnings?

    While legally separated I completed my nursing degree and was recently hired by a local hospital. My 10 year old daughter lives with me and I am residential parent for school purposes. My soon to be ex-husband has not contributed in way to my ed...

    Loretta’s Answer

    If you are the residential parent, then you would be the parent receiving child support. As a non residential parent he does not receive child support. Child support is calculated based on the earnings of both parties. It will use your current earnings. If your husband were to get any funds it would be in the nature of spousal support. In general the court is not going to award such out of your earnings that you were not making while together. I do strongly recommend that you seek at least a consultation with an attorney in your area to get a better understanding of your options to get the marriage terminated. You should be able to get the divorce even if he never signs anything or shows for any hearings. Please seek counsel.

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  • Can a juvenile be subpoenaed to testify it in a custody case in the state of Ohio

    I was wondering if my child will be. Subpoenaed to court.

    Loretta’s Answer

    Attorney Marker is correct - you should have an attorney work this through. Custody matters, especially contested ones, get very complicated.

    Having said that, children can be interviewed as part of a parenting investigation. They can be represented by a GAL. Often, an in camera interview can be done between the hearing officer and the child. To get this a motion has to be filed. The interview is usually scheduled at the end of the full hearing.

    Please at least seek a consultation with counsel on this matter.

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  • Court date for modification of parenting plan? What to take?

    My ex boyfriend and I have a court ordered parenting plan. It's been in effect since 2012. Now our child is 5 and in school so the shared parenting plan needs modified. Also the visitation schedule my ex set in the plan has not been followed by h...

    Loretta’s Answer

    The best advice is to change your plan and get an attorney. This is extremely important in contested parenting cases. It is even more important if father has an attorney. At a bare minimum you should consult with an attorney in your area who is familiar with the local court, magistrate and preferences as well as the attorney hired by father.

    The court is ultimately going to make a determination that they believe is in the best interest of the child. If Father's counsel asks to terminate the shared parenting plan, then you should be prepared to address all factors listed in 3109.04 of the Ohio Revised code. You may also need to have your proposed "revised" shared parenting plan ready to submit.

    Again, the best advise is to get an attorney. There are many factors that come in to play in parenting issues. These type of cases can go south quickly if you do not know what you are doing.

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  • It has been over 3 weeks since I filed a motion for a Guardian to be appointed. Why is this taking so long?

    My ex has filed for custody of my daughters ages 16 and 13 since finding out that we wanted to move out of State. I have been residential parent since our separation and our divorce was final in May of 2013. Custody and parenting time was never ...

    Loretta’s Answer

    If you have not done so already, I strongly suggest that you seek counsel. They will be able to explain to you the local procedure for appointing a GAL and how long you can expect the appointment to take. At ages of 16 and 13 you should discuss with counsel the practicality of a parenting investigation or an in camera interview with the hearing officer. Custody matters can get very complicated and you should not pursue this without legal representation.

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  • GAL seems to be incompetent. Sent her money to start. bill shows she didnt receive. she also researched the wrong school.

    do i have a chance to get her removed from the case and another GAL appointed?

    Loretta’s Answer

    I would review this situation with your attorney. If you do not have one, then you should consult with and probably retain one. They will probably be able to provide you guidance on what to expect from the GAL, how quickly you can anticipate a response, how to handle or dispute the bill. Also, they can research into where the payment went that does appear to have been received. Counsel can also advise when and if a motion should be filed to remove the GAL and what evidence may be needed.

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  • I carry our health insurance, when legally separating, is your spouse still able to stay on the plan?

    I carry our health insurance, when legally separating, is your spouse still able to stay on the plan?

    Loretta’s Answer

    • Selected as best answer

    If you are in the process of separating and or terminating the marriage, the insurance stays in effect. Your spouse is no longer a family member and not covered when a decree goes of record. Having said that, if it is a Decree of Legal Separation the insurance may or may not terminate. In the past, a Decree of Legal Separation was used specifically to keep insurance in place. More recently I am finding that so me insurance companies wont continue coverage if there is a decree of legal separation. The easiest way to find out is to call your benefits department and ask.

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  • Obtained custody in one county, but child support is in a different county... What to do?

    My childs mom just gave me custody (through the courts), but my child support that I was on was through a different county. Do I have to schedule a court hearing in the child support county to cancel it or will the judge in the county that I obta...

    Loretta’s Answer

    I agree with Attorney Hopkins that you should be able to provide a certified copy of the order and have the support stopped. However, I have experienced two cases in same county with the order being specific as to stopping support and the agency did not do so. We had to do another hearing. So it may or may not work without an additional hearing. Also, it raises the question of Mother paying you support. You should seek a consultation with counsel to review this matter.

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