Skip to main content
Elizabeth Ann Yauch

Elizabeth Yauch’s Answers

58 total


  • Can my case for cusotdy be dismissed?

    Elizabeth’s Answer

    If you are unable to reach your attorney, you have a problem. The documents you are discussing are part of the discovery process. There are time requirements for each, and fact implications if the requests for admissions are not timely filed. If you are not comfortable with your representation, hire a new attorney. This is your case, these are your children, be pro-active.

    See question 
  • What can I do?

    Elizabeth’s Answer

    Hire a new attorney immediately! What I cannot tell from your fact pattern is how long the matter has been pending and what has taken place up to this point. Most courts are going to understand your predicament. Make sure you put on the record your request for a continuance and why. That way, if the court over-rules your motion, you may have appealable error in your case.

    See question 
  • What is the age children have a voice to choose the parent they want to live with?

    Elizabeth’s Answer

    What state has jurisdiction? If it is Ohio, R.C. 3109.04 delineates the factors the court must consider when changing custody. If it is Iowa or a completely different state, the controlling jurisdiction will dictate those factors. It has been decades since a child 12 years old or older could dictate where he or she lived. Now, in Ohio, the court will take into consideration the child's wishes, but that is only one factor.

    Please seek the advice of an attorney who practices in the jurisdiction of your case. If you do not know what is the proper jurisdiction, please consult with a local attorney and take all of your custody papers with you.

    See question 
  • Is child abandonment possible in this case?

    Elizabeth’s Answer

    If these are the correct facts, you have a perfect case to go back to court and ask the court to change custody. If you weren't represented before, please do so this time.

    See question 
  • Can my mother take custody of my son permanently.?

    Elizabeth’s Answer

    In Ohio, only a court can grant custody. You might have allowed your child to reside with your mother, but "custody" could not have transferred without court involvement. You probably want to seek the advice of an attorney regarding the best way to retrieve your child with the help of local law enforcement to ensure the least amount of stress on your child.

    See question 
  • I need to know my best course of action as a single mother who wants to move my family out of state

    Elizabeth’s Answer

    If there are no court or administrative orders granting father any right to see his child, feel free to move. However, before you move, please seek the advice of a family law attorney in your area so many questions can be asked of you before giving you the final "go ahead" to move.

    See question 
  • How do I get my ex husband in contemp of court do too not following child court paperwork?

    Elizabeth’s Answer

    My colleagues are correct. You are able to represent yourself, but you must properly prepare and serve your motion for contempt. You will also have to properly present the evidence, and if you do not do it properly, the court may not find in your favor.

    It is definitely worth seeking the advice of a family law attorney in the jurisdiction/venue of your case. Some attorneys give free or reduced-price consultations.

    See question 
  • Child support hearing modification turn into custody

    Elizabeth’s Answer

    You have an excellent fact pattern. I urge you to seek the advice of a family law attorney in your jurisdiction and venue. I am assuming your jurisdiction and venue is Hamilton County, Ohio, but not knowing enough facts, I could be wrong here.

    Some courts do not like to deviate from child support guidelines without very good reasons to do so. Other courts say you are consenting adults and if you agree to walk away from money you are entitled, it will allow you. A family law attorney in the proper jurisdiction can help you with these answers.

    See question 
  • *Ohio probate inquiry* My mother recently passed away. I hired an attorney to handle the processing of her Estate in Ohio.

    Elizabeth’s Answer

    My colleagues are correct. The commission due the administrator is statutory and is pretty clear. It is based on the value of the assets. However, an administrator has the ability to ask for additional fees if his or her job had additional duties above and beyond that normally contemplated.

    As for the attorney fee, it depends on the contract the administrator entered into with the attorney, and with the local rules of the Court. Regardless of the contract and the local rules, the fee must be "reasonable" for the job done. For instance, if the fee was four percent (4%) of the value of the assets, and the only asset was one bank account with $1,000, 000 in the account, and there is only one heir and that person is local and easily accessible, it is not reasonable for the attorney to receive $40,000 to transfer that account.

    Finally, the local Probate Court determines if fees are reasonable, and will not grant a fee that is not.

    See question 
  • How do i go about getting full custody of my daughter her father and i were never married.

    Elizabeth’s Answer

    Often police officers are not correct in the legal advice they give. The legal advice you discussed in your fact pattern is not correct. Therefore, please seek the advice of an attorney in your area who practices family law.

    See question