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Loretta Marie Helfrich
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Loretta Helfrich’s Answers

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  • If a father takes a mother to court for custody is it better to go for shared parenting or full?

    child says they do not want to go home. Child has been reported in dangerous situations while in mothers care. Has had burns and bruises multiple times and says not bathed or fed.

    Loretta’s Answer

    Attorney Dameron -Frazier is correct in her answer. You should seek an immediate consultation with counsel. You should be prepared to discuss not only the current situation but any child services involvement. If no report has been made to children's services, then you may want to consider doing so. As for shared parenting versus residential parent, it depends on your circumstance and the parenting time. Here if there is a serious issue with Mother, then shared parenting may not be the answer. Please do seek a consultation with counsel promptly.

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  • Can I gain sole custody of my daughter?

    It is written into our divorce he does not pay child support (I was hoping he'd use that money to come see her) and has not seen her in 10 years. No phone call in 6 years. I'd like to have sole custody so in the future someone can adopt her.

    Loretta’s Answer

    I am not certain of your question. If you currently have a shared parenting arrangement, then you can file a Motion to Modify or Terminate the plan. If you mean can you terminate his rights completely, then no you cannot. Whether you have a shared parenting plan or if you are the residential (custodial) parent and he is the non-residential parent, you have to go through the same adoption procedure.

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  • The QDRO have had my papers for two weeks, when can I expect my check from my ex 401k?

    We had a disoulation divorce

    Loretta’s Answer

    I am assuming you mean the plan administrator has the QDRO. It can take a couple of months for the plan administrator to review and approve the QDRO. As counsel herein stated, you should place a call and confirm they have the QDRO and ask about the time frame.

    Having said that, usually a check is not issued from a 401k. Rather it is a division of the one account into two accounts. you then have some options for withdrawing funds but all are subject to tax and some may be subject to penalties.

    If you have counsel, please talk with them about these issues. If you do not have counsel, then you may want to seek a consultation a with counsel to review this matter and be sure you know what is going to happen with the 401(k)

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  • I am currently 8 months pregnant. Myself and my child's father are engaged. How do I prevent him from paying child support?

    I live in Warren, Ohio. I currently recieve cash assistance from welfare. Any ways I can prevent him from paying child support? We also live together and are enaged to be married, just were don't want to get married right away.

    Loretta’s Answer

    Since you receive government assistance, reimbursement may be sought. As for an actual child support order paid to you-no such order will go into place until and unless you file a Motion for support through the courts.

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  • Does my son have to pay?

    Our Daughter-in-law dose not work but our son does. Her ex-husband wants their child and wants my son to pay him child support for their child. Will my son have to pay child support to his wife's ex?

    Loretta’s Answer

    Child support is the responsibility of the parents, Father and Mother. The court in calculating child support will look at the earnings of the parents only. The court may impute minimum income to Mother if she is not working. So if Father is successful in obtaining custody and an order for child support is put in place, it will need to be paid. Since your son is the only source of household income he will probably see that the order is paid.

    The focus here should be on the custody issue rather than worrying about what will happen when and if Father obtains custody. Before making any assumptions that will happen, your daughter in law should seek counsel to represent her in any custody action.

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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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