Skip to main content
Robert Leighton Mues

Robert Mues’s Answers

20 total


  • Children services has custody of my child. His dad visited him and took off with him without permission,but brought him back

    My question is, do I have legal recourse? Isn't this child endangerment or child enticement? Child services denied that it happen but I have a witness and video from the bus station. And no neither he or myself have permission to take him.

    Robert’s Answer

    If Children Services has custody, then they would be the party with the legal right to persue a claim or action against the father. How was your son harmed by father's wrongful action? Have you submitted a report to the police and discussed it with the agency?

    See question 
  • When asked on a job application about my ovi what do I say? I plead to a lesser charge.

    In September 2009 I was charged with an OVI and refused the breathalyzer test. In court I plead guilty to a reduced charge of 4511.20. My license was suspended for 1 year and I was fined. My question is whether or not I say on an application if Iv...

    Robert’s Answer

    I agree with Christopher. You need to honestly answer the question. Is the inquiry if you had been arrested or convicted of a DUI? Pay close attention to the question. Do not feel compelled to disclose more than what asked. If you do mention the conviction be sure to provide info that mitigates the situation. Did you get counseling?
    Best of success with the job.

    See question 
  • If an agreed visitation order was not signed by the father and the Court adopted it, can the father appeal it?

    My son took the mother of his daughter to court for visitation and her attorney drafted her demands in the form of a proposed agreed order and my son didn't agree to it so he didn't sign it. The Court adopted the order without his signature. The c...

    Robert’s Answer

    Either objections or an appeal would be the next step to consider depending if the case was heard by a Magistrate or Judge. Your son should seek legal representation QUICKLY as there are short time limits to perfect the appeal or objections.

    See question 
  • My exhub n I separated civilly in 2003. He claims he filed for dissolution 5 yrs ago or so. How do I find info as I've looked?

    I have lived in OH, TN, and FL since separation but have moved back to Ohio and living in county where we married. We were married in Montgomery County, Ohio. He moved somewhere to PA about 5-6 yrs ago. If need further infos, please let me know. T...

    Robert’s Answer

    In Ohio a dissolution requires executed documents signed by BOTH parties BEFORE it can be granted (not so for a divorce). So there would be no dissolution in Ohio without your knowledge and participation. Each state's law is different. If you know what counties he lived in in TN and FL, their records can be searched m. Most courts allow that to be done online.

    See question 
  • Can my daughter who will be 17 in Dec in the state of Ohio chose which parent she wants to live with?

    My daughter has been extremely distraught when she has to go over to her dad's house. We have joint custody and divide the time 50/50. He is very emotionally/verbally abusive towards her. I've trying discussing this with him, but he just ignore...

    Robert’s Answer

    Actually, I just posted a blog artice on the Ohio Family Law Blog on October 8, 2011, about that specific question! Here is the link to the post: http://dld.bz/atAUD
    Hope it helps...
    You several options:1) file a motion for sole custody; 2) file a motion to modify the Shared Parenting Plan and/or file a motion for mediation. Assuming that your daughter is supportive of primarily residing with you, that the likilihood is good that you may be successful.

    This answer is provided for general informational purposes ONLY. It is not intended as legal advice. Evaluating the law, court documents and a more detailed factual analysis might well result in a differing opinion. No attorney/client relationship is being created by my response to the posted question. I ALWAYS ENCOURAGE PEOPLE POSTING AT AVVO TO SEE A COMPETENT LAWYER IN THE APPROPRIATE STATE TO OBTAIN SPECIFIC ADVICE ABOUT THEIR QUESTION AND SITUATION

    See question 
  • Ohio Child Support calculation

    I have a daughter with a woman I was never married to and currently pay child support. I am being audited to see if I owe more money for child support. Since my last audit my salary has increased, however I have also divorced and assumed all finan...

    Robert’s Answer

    The answer to your question is "yes". Guideline child support in Ohio is driven based on gross income of both parties. Other expenses you have now generally won't affect the support calculation. The rationale of this is that the child support obligation take priority over all other financial obligations. I don't know how many years it has been since your support had been modified or other factors which could influence the adjustment process favorably for you. You should review this with a family law attorney and perhaps a bankruptcy lawyer to see if some of your debt can be discharged. I am sure that this is not what you wanted to hear.

    This answer is provided for general informational purposes ONLY. It is not intended as legal advice. Evaluating the law, court documents and a more detailed factual analysis might well result in a differing opinion. No attorney/client relationship is being created by my response to the posted question. I ALWAYS ENCOURAGE PEOPLE POSTING AT AVVO TO SEE A COMPETENT LAWYER IN THE APPROPRIATE STATE TO OBTAIN SPECIFIC ADVICE ABOUT THEIR QUESTION AND SITUATION

    See question 
  • I was recently sent notice of a probation violation hearing for failing my interlock device. what do i do?

    I was charged with an OVI in Dec and put on probation and required to have a breathalyzer put on my car. I failed over 3 times in one month - my first month (morning failed blows from previous nights drinking) and am being summoned to court for an...

    Robert’s Answer

    Yes, you had better have an excellent criminal lawyer with you especially if you are in the Kettering Municipal Court. The Judge will not be pleased with your disregard of the order that you not consume alcohol. You risk a revocation of your probation and the imposition of jail. A lawyer can much more effectively advocate your position to keep you on probation.

    This answer is provided for general informational purposes ONLY. It is not intended as legal advice. Evaluating the law, court documents and a more detailed factual analysis might well result in a differing opinion. No attorney/client relationship is being created by my response to the posted question. I ALWAYS ENCOURAGE PEOPLE POSTING AT AVVO TO SEE A COMPETENT LAWYER IN THE APPROPRIATE STATE TO OBTAIN SPECIFIC ADVICE ABOUT THEIR QUESTION AND SITUATION .

    See question 
  • Why does the military let BAQ entitlement counted as pay in divorce court

    I am a E7 and recently divorced. The courts say I have to count BAQ and Cola as income for child support. My ex makes 40,000+ a year. Should I ever remarry and live in Goverment quarters that money does not come to me but I have to claim it as ...

    Robert’s Answer

    The Ohio child support guidelines are based upon by the "gross income" of both parents. If a parent receives free housing, or say a free car thru business, their income is increased by the value of that perk. Those folks in essence have a benefit equivelent to more income that may be invisible for tax purposes. So, the legislature wanted to even the playing field and treat all fairly by adding in these perks into the support calculations. Hopefully, this helps you understand this situation better!

    This answer is provided for general informational purposes ONLY. It is not intended as legal advice. Evaluating the law, court documents and a more detailed factual analysis might well result in a differing opinion. No attorney/client relationship is being created by my response to the posted question. I ALWAYS ENCOURAGE PEOPLE POSTING AT AVVO TO SEE A COMPETENT LAWYER IN THE APPROPRIATE STATE TO OBTAIN SPECIFIC ADVICE ABOUT THEIR QUESTION AND SITUATION .

    See question 
  • Statue of Limitations on Probation violation

    Hello. In 2008, I was convicted of DUI. I did 30 days of the 90 days jail time, probation for 1 year, and ordered to Therapy. I got a job offer overseas, petitioned the courts (2 month remaining of probation), and they denied it. I left anyways. T...

    Robert’s Answer

    Excellent answer by Attorney Ronald S. Pichlik! I agree 100% with his suggestions!

    See question 
  • What do I need to do in court when my ex husband is trying to get custody of our children?

    I got divorced in July of 2008 and I was awarded sole legal guardianship of our 2 children. The father was granted no rights to visitation until he had taken a class required by law in the state of ohio when getting a divorce which has children i...

    Robert’s Answer

    Relocation issues are very fact sensitive. Your future is dependent in great part upon the court permitting your relocation to Germany with your children. I would suggest that you read an article published on the Ohio Family Law Blog located at http://www.hcmmlaw.com/blog/2008/01/21/relocation-issues/
    Courts in our area are generally very supportive of military families. But you would be well advised to find an experienced family law attorney to represent you in this matter. There is no room for wishes or hindsight reflections.

    This answer is provided for general informational purposes ONLY. It is not intended as legal advice. Evaluating the law, court documents and a more detailed factual analysis might well result in a differing opinion. No attorney/client relationship is being created by my response to the posted question. I ALWAYS ENCOURAGE PEOPLE POSTING AT AVVO TO SEE A COMPETENT LAWYER IN THE APPROPRIATE STATE TO OBTAIN SPECIFIC ADVICE ABOUT THEIR QUESTION AND SITUATION

    See question