Skip to main content
Elizabeth Ann Yauch

Elizabeth Yauch’s Answers

58 total


  • Need to know what forms I need to get custody of my 11 year old cousin?

    Elizabeth’s Answer

    You may need to hire an attorney to bring an action in either the local Probate Court or Juvenile Court. In many jurisdictions, this is the same court. A local attorney would better be able to advise you about jurisdiction and venue issues for your fact pattern.

    Often, there are no state or county forms for what you are wanting to do, and you would need to draft a complaint or a motion. Also, it is usually necessary for certain affidavits to accompany those pleadings.

    Please seek legal advice as to these issues, as well as what it means to have custody or guardianship of this child.

    See question 
  • My wife as a temporary custody order (ex-parte) and she has taken my daughter out of state without informing me.

    Elizabeth’s Answer

    I recommend you hire a family law attorney familiar with the jurisdiction which made this order. Typically, a child can be taken out of state so long as it is not a permanent removal. For instance, I practice in southwestern Ohio. It is not uncommon to take a child to northern Kentucky to the aquarium, or to Indianapolis to the zoo or Children's Museum. Hence, you would not normally have to give notice for this type of trip. If your spouse intended to permanently move to another jurisdiction, that would be different. However, every custody order is different because no two divorces are exactly alike. That is why it is important to hire an attorney to understand your court order and the reasoning behind your court order as opposed to someone else's court order.

    See question 
  • My child's father is threatening to file for joint custody!

    Elizabeth’s Answer

    You need to speak with an attorney. I have numerous questions which would effect the outcome of the case. I have to assume Cuyahoga County, Ohio, is the proper venue and jurisdiction for the case.
    If Ohio is the proper jurisdiction, and if you do not agree to shared parenting, the child's father has to prove there was a change in circumstances before custody can change to shared parenting.

    Even if he can prove a change of circumstances, there are numerous factors for the court to consider before changing the status of the custody. A family law attorney can better evaluate your circumstances.

    See question 
  • Do children age 16 and over have any say on visitation when a parent has move over 90 miles away? We are under Rule 27.

    Elizabeth’s Answer

    I recommend you hire an attorney and file a motion to change father's parenting time, There are a number of factors a court considers when deciding parenting time. A good attorney will know these factors and how best to address them with the court. Your children may also benefit from a Guardian ad Litem,

    See question 
  • What is the best way to terminate guardianship?

    Elizabeth’s Answer

    You absolutely have a right to a hearing to determine whether it is necessary to continue the guardianship or to terminate it. I agree you may not have the funds available to retain an attorney, and if you have been declared to be "incompetent," an attorney probably cannot contract with you for representation. Try calling the court to see if it would appoint a guardian ad litem for you.

    See question 
  • Does my daughter need a lawyer?

    Elizabeth’s Answer

    You have good reason to go back to court to have your custody/visitation orders changed. Please hire an attorney in your area who handles family law issues. If may be you end up requesting a guardian ad litem in your post-decree case, but your attorney can better advise you about it.

    See question 
  • Need to know how I can find out where my brother is spending my mother's money. She is in care center.

    Elizabeth’s Answer

    Your question leaves out a lot of details. Is your brother the attorney-in-fact for your mother through a power of attorney? Or, did your mother place your brother's name on her financial accounts thereby making him an owner of the accounts? Or, is your brother a court-appointed guardian of your mother's estate? Or, is there some other method whereby your brother has control over your mother and her money? Please seek the advice of an attorney who practices law in the county in which your mother resides.

    See question 
  • How do I prove my dad under influence of drugs when he changed his will?

    Elizabeth’s Answer

    You need to hire an attorney who practices probate law in the county in which your dad resided. This is a very complicated process, but a seasoned probate law attorney would be aware of your rights and of your chances to prevail. Good luck.

    See question 
  • Can I sue child services or even the county??

    Elizabeth’s Answer

    State agencies have immunity from being sued. There are loopholes that allow the lawsuit to continue, but they are rare. Seek the advice of an attorney to better understand your rights in this regard. Sounds like you may be better off hiring counsel for your juvenile court case.

    See question 
  • What do I need to file in court.

    Elizabeth’s Answer

    The attorney-client contract is between your now ex-wife and her attorney. He works for her and not you. He may have stated he would handle it, but bottom line is your wife had to want it, too, and been willing to pay for that service.

    You now know he is not going to handle the name change, so go hire your own attorney and listen to his or her advice on this subject.

    See question