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Brian Scott Piper
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Brian Piper’s Answers

1,026 total


  • Unsupervised visitation for a 22 month old girl who has no contact with the father in 15 months? can this be ordered ?

    my daughter had a child in Florida august of 2011. after 6 months moved to Ohio to live with us because the father would not help with raising the child, not married. She has a job and the has full custody. the father has filed a motion in florida...

    Brian’s Answer

    You really need to talk with an attorney in Ohio. there are many questions about this situations that are unclear. Was parentage determined? Was custody established? Was there a prior order? Why does Florida have jurisdiction (it seems Ohio would be the "home state" under the UCCJA). I don't see a Judge in Florida ordering your daughter to move to Florida. Talk with an attorney in Ohio and get the straight story.

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  • Uncontested child adoption by a step parent???

    My husband is about to go in the army and for the benefits and for the sake of my child(she thinks he is her dad anyways) I want to have him adopt her. My ex had visitation at Erma's house and never registered and moved to Cleveland. But anyways h...

    Brian’s Answer

    Yes, it is either failure to pay support OR failure to contact for a year - without justifyable reason for the failure - to defeat the need for the parent's consent.

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  • I have a friend that wants to give me her baby once he/she is born. How do we get the process started now, if its possible?

    She already has 2 children and cant afford to care for another child and she already has 2 children that are adopted out. I would like to get the ball going now. So I would just like to know the correct steps to take. Thank you in advance for any ...

    Brian’s Answer

    I agree with Attorney Beck. This is not something that you should get a few "hints" on line and try to do it yourself. There is good reason for spending the money to be properly represented in this type of transaction. The worst thing that can happen is to not have done everything right and have the adoption invalidated after you have become emotionally involved in parenting this child.

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  • What can I do if the father of my child is threatening me?

    It started with harrassment, asking for sexual favors in exchange for money or help with our daughter (dropping off at my house or the babysitter, etc.). It has now escalated to threats of sexual assault. I do not feel comfortable being alone with...

    Brian’s Answer

    You would do well to talk with a family law attorney. You have a number of options. You can change the parenting order, you can seek a restraining order, you can pursue crininal charges. Talk with the attorney to explore the probabilities as well as the advantages and disadvantages of the various options. I wish you the best.

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  • WHAT THE CHAN2ES THE PROSEBUTOR WILL DISMISS OR REDUCE CHARGES

    WAS CHARGED WITH FELONY FOUR DOMESTIC VIOLENCE I ALSO HAVE PRIOR AND AM ON PAROLE FOR SAME CHARGE SHE HAS RECANTED SEVERAL TIMES ALSO IN MUNI COURT BEFORE CHARGE WAS BOUND OVER TO GRAND JURY

    Brian’s Answer

    There is no way to provide the probabilities of dismissal or reduction. As noted, it is up to the prosecutor and is based upon the totality of the evidence. Victims recant all the time for various reasons - it does not mean that the crime didnot happen. This is what the prosecutor will try to evaluate - as well as whether there is a reasonable body of evidence from which to proceed with the case.

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  • My mom adopted my son when he was a baby. NOw she is sick and is wanting me to take over care for him. He is 16.

    My mom adopted my son when he was a baby. I was still in his life. Now my mom is fighting cancer and wants me to take over caring for him. He is 16 and is now to come live with me in Ohio. They currently live in GA. I dont want to neccessary take ...

    Brian’s Answer

    Ohio law provides that a "interested party" may petition for custody of a minor child. This should not prove terribly difficult given the consent of the adoptive parent (your mother). Because of the adoption, your name would not be on the amended birth certificate, but you do not need to be "related" in order to seek custody. (Because of the adoption, you are no longer legally related to the child). Contact a family law attorney in your area to assist with the process of seeking custody. As to the question of benefits, since I do not know what benefits you are referring to, I cannot reasonably speak to whether those would be affected or not. I suggest that you contact an attorney in Georgia to discuss how your seeking custody would affect the continuation of these benefits.

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  • I want to move to California with my son when he goes to college, are there any loop holes I can use to move?

    I live in Ohio and have had full custody of my 8 year old daughter since she was 6 months. My ex husband has visitation rights but only picks her up about 6 times a year, if that. I've tried to get him involved in my daughter life but for some rea...

    Brian’s Answer

    Hi agree with attorney Heire that you should employ an attorney to assist you in this matter. Moving across country with a minor child is one of the most difficult issues for the court to deal with because of the impossibility of maintaining a true parenting relationship across such distances. One of the factors will be what the custody orders actually say about moving outside the jurisdiction. Another factor will be the involvement of the father with the child. Your attorney can assist you in presenting the most compelling argument for allowing you to move against the wishes of the father.

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  • I've been paying my child support and arrears for my children for approximately 13 years but I do not know where they live.

    A relative located my children on Facebook a couple of years ago but when I tried to talk to them, my ex told me to never contact them again and that they are doing very well without me and my family. She then closed their Facebook account. ...

    Brian’s Answer

    It is not the function of the child support agency to assist you in the location of your children or your "ex". If the children are still minors, then you need to contact an attorney who can file with the court for an order disclosing the address of your ex for the purpose of filing a motion to establish visitation (parenting rights). I would also suggest that you have the attorney review precisely what is being sought with respect to your retirement plan because if you are in compliance with the plan for discharging the arrearage, there should not be an attachment made against your retirement funds. Your rights as a father include the right to contact with your children and visitation, however you are obligated to enforce your rights, they do not occur automatically. If you want to have your rights, file in the court and pursue them.

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  • I work and pay rent and some bills and I just wanted food stamps for the summer since my hours were cut but I do have a baby

    girl will they still seek child support even though he helps me but we don't live together and I have my own household please help!!!

    Brian’s Answer

    When you request assistance from the state in the form of welfare or food stamps, you sign an assignment of your claim for child support to the state to the extent of the benefits paid to you. Therefore the county may seek to establish paternity and a child support order against the father of the child. You may choose to waive the child support that may be payable to you from the father, however, you have no right to waive the portion owed to the state in connection with the benefits you received.

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  • Can I divorce if I am currently pregnant but it is not my husbands child?

    We have been seperated not living together for two years.

    Brian’s Answer

    You can file for the divorce and obtain temporary orders, but you cannot have the divorce completed until after the child is born and paternity can be established.

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