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Brian Alan Sommers
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Brian Sommers’s Answers

180 total


  • Does a husband and wife have legal rights concerning their children's care? What if they separate, who will have authority?

    If child is taken to doctor will one parent have rights to information from diagnosis? Will the parent separate from spouse and child have equal rights? Does a mother have more jurisdiction than father of their child?

    Brian’s Answer

    You have a rather complex question that raises questions. I suggest that you speak with an experienced family law attorney.

    For purposes of your question, I will assume that you remain married but have physically separated from your spouse, and there are no existing court orders. In that case, both parents are the legal custodian and neither parent has superior rights. Thus, either parent my authorize medical treatment with or without the consent of the other parent. Further each parent is entitled to receive medical information directly from the medical provider.

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  • My husband moved to Utah from Ohio and left my son and I to fend for ourselves in Ohio 6 months ago. Can I keep the house

    if I agree to make the payments? Can I file for sole custody of our child who is 6? He has had little to no contact with him since leaving.

    Brian’s Answer

    First and always, you should seek counsel of an experienced family/divorce law attorney. Your question leads to a few more questions for me. For example, was the house purchased during the marriage? Is there equity in the house? I would suggest that you file for divorce and ask the Court to issue temporary orders concerning support (spousal and child), custody and use of the house.

    Best of luck

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  • My husband cheated. We have a son. Wants me out to move her in. Can he change the locks on me?

    I found new locks in his car. I searched it because I thought he was stashing stuff he didn't want me to take. He told me to get out because she will be here next weekend. He wants to move her right in. He's not even giving me 30 days. I do have t...

    Brian’s Answer

    I agree that you need to consultant a local attorney that focuses their practice in family law. Each county has local rules concerning exclusive use of the marital house. Even if the house was purchased before marriage, you may have a claim to the appreciation and/or reduction in the mortgage principle.

    I wish you the best of luck.

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  • What is the procedure to take guardianship of my grandchildren?

    My son is incarcerated in Ohio where his children are living with me. Their mother has not been seen since August of 2013. How can I obtain custody?

    Brian’s Answer

    You have asked two different questions. First, you may file a motion in Juvenile Court for custody. You will need to obtain service on your son as well as the Mother. I suggest that you obtain the services of a local attorney who understands the court process. He or she will need to evaluate your case a make a decision for emergency ex parte custody motion.

    Guardianship is a probate court process, which very different the juvenile court process.

    Best of luck

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  • If I'm the one moving out, do I need to sign a separation agreement before a I sign a lease?

    Working mother of 3 (ages 12, 10, 7) at early stages of separation. I am the one considering the move. Shared parenting has been discussed. I found an apartment and completed the application, which got accepted. I'm trying to figure out when I can...

    Brian’s Answer

    Yes, you may, but if you are on the mortgage or lease at martial residence you may still have an obligation to pay on the martial residence as well. I suggest that you retain counsel to review the terms and conditions of the separation agreement as well.

    Best of luck

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  • I have been married for almost 30 yrs should I agree on 1500.00 a month to dissolve marriage?

    my husband is willing to give me 1500.00 a month to dissolve marriage he says I can keep house of which we owe approximately 118000.00 on if I make the payments should I accept these terms or get an attorney?

    Brian’s Answer

    I agree you need to hire an attorney to review your specific situation. I suggest that you start your search here.

    Best of luck

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  • Will a court require my ex-husband to be trained on son's medical care (diabetes)?

    My ex was not granted any overnight visits in our divorce (because of alcohol abuse), but he is allotted 10 days per month for 3 hours. After divorce, our son was diagnosed with Type 1 diabetes. Dad has not come around in over a year, but when he ...

    Brian’s Answer

    I agree with other answer as well. I think you need to be prepared to file a motion for relief from Father's parenting time if he attempts to exercise the time. I think you may need to have a qualified medical expert testify as well. Establishing a relationship with an attorney that practices is a good idea.

    Best of luck

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  • My wife has signed our divorce contract. it was completed in front of the judge and she agreed to leave my home 12-31-12.

    I have aquired my home before my marriage so my exwife agreed to leave my home and will not get anything that has to do with my home in the divorce contract. according to our divorce contract from our lawyer my ex-wife was able to stay at my home...

    Brian’s Answer

    As i understand your question, the court ordered your ex-wife to leave the house on or before 12-31-2013, I suggest that you speak to your lawyer about filing a motion to show cause why she should not be held in contempt of the court order. Further, this option may be faster than a eviction. Best of luck

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  • Can I move to Virginia from oh if I am custodial parent?

    Father moved to Charleston WV. My fiance and i said that we still want her to see her dad every other weekend. We were never married and never went to court for visitation we both just agreed on every other weekend

    Brian’s Answer

    The short answer is yes. If there are no court orders then you are free to do as you choose. Father will need establish parenting time orders in court if you two do not agree.

    Best of luck

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  • Where can I get a same sex divorce?

    Was married in Iowa as residents of Ohio, do we have to get a divorce in a state that recognizes same sex marriage or can it be done in Ohio?

    Brian’s Answer

    No, Ohio does not recognize same sex marriages therefore you cannot get a divorce. I am not familiar with Iowa law, but I suggest you contact a family lawyer in that state.

    Best of luck

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