Helen Clare Wallace’s Answers

Helen Clare Wallace

Dayton Family Law Attorney.

Contributor Level 4
  1. My 15 year old was caught with marijuana. What now?

    Answered about 2 years ago.

    1. Christopher Lee Beck
    2. Kyle J Bristow
    3. Helen Clare Wallace
    3 lawyer answers

    You should hire an attorney with experience in juvenile law in your local area.

    4 lawyers agreed with this answer

  2. How old do you have to be to decide which parent you want to live with?

    Answered about 2 years ago.

    1. Helen Clare Wallace
    2. Deborah Zaccaro Hoffman
    3. Christopher Joseph Tamms
    4. Michael T Millar
    5. Matthew Thomas Majeski
    5 lawyer answers

    As stated by other counsel, children in Ohio do not have the power to decide which parent receives custody. Children's wishes are considered by the Court as one factor of many to determine what is in the best interest of that child. The factors considered by the Court are found in Ohio Revised Code Section 3109.04 (F) are summarized below: (a) The wishes of the child’s parents regarding the child’s care; (b) If the court has interviewed the child in chambers pursuant to division (B) of...

    2 lawyers agreed with this answer

  3. My spouse sleeps until noon or so several days a week and on weekends. will this keep him from getting 50 50 custody?

    Answered about 2 years ago.

    1. Helen Clare Wallace
    2. Melissa Moriarty Gast
    3. Lindsay Ann Lawrence
    3 lawyer answers

    Your husband's sleep habits and depression may prevent him from receiving 50/50 custody. The Court will consider what is in the best interests of the child or children. If he is unable to care for them properly because he is sleeping or depressed, it may be an important factor in the Court's analysis of what is best for the child or children. You are wise to be thinking how you can document his sleep habits and depression. Consider any possible witnesses who may be able to later testify in...

    1 lawyer agreed with this answer

  4. Former spouse reviewed child support order. Left out significant financial information. Child support cut in half.

    Answered about 2 years ago.

    1. Christopher Joseph Tamms
    2. Helen Clare Wallace
    3. Brian Scott Piper
    3 lawyer answers

    I agree with the previous answers that you should object to the child support order immediately, through an experienced attorney if possible. If the time to object to the Court Order has lapsed, an attorney may still be able to help you. All financial income should be included in the child support computation that formed the basis for the Court order. If new employment or income has been obtained which results in a 10% change in income since the last child support computation was run, you...

    1 lawyer agreed with this answer

  5. Can I send certified mail to a state prison inmate in Ohio?

    Answered about 2 years ago.

    1. Helen Clare Wallace
    2. Edana Essa
    2 lawyer answers

    Yes, you should be able to serve him certified mail. Check the institution where he is incarcerated for their rules on mailing and be sure to include any requirements of the institutions such as his inmate number, etc. It sounds as if you are doing the Petition for a Name Change without the assistance of an attorney. If so, you may want to check with the Clerk of the Court where you are asking for the name change. Clerks of Court are often the ones who serve parties via certified mail or...

  6. During a custody hearing can I ask for my husband not to be allowed to take our 3yr old daughter in veteran bars/private clubs?

    Answered about 2 years ago.

    1. Christopher Joseph Tamms
    2. Helen Clare Wallace
    3. Jayson Lutzky
    3 lawyer answers

    You can certainly ask the Court to order your ex not to take your child into bars. As the previous answer stated, the Court will decide whether or not such activity is harmful to the child. If the Court agrees with you that it is harmful, or not in the child's best interest, the Court may make an Order not allowing your ex to frequent bars with the Child.

  7. How do I receive child support from an ex or could someone explain the exact laws that dictate how he can avoid it?

    Answered about 2 years ago.

    1. Christopher Joseph Tamms
    2. David Scott Heier
    3. Helen Clare Wallace
    3 lawyer answers

    I agree with the previous answers indicating that should your ex be granted social security benefits based on a disability, that your children may also receive benefits through social security. Under the circumstances, that may indeed be the best outcome. However, the Court can also issue a seek work order to your ex, requiring him to seek employment. Also as mentioned above, an attorney can help you in Court by objecting to the doctor's note as hearsay, and also cross examining your ex to...

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