We where arguing and I told her to get out and she tried to take our son
In the state of Ohio, the unwed mother of a child is automatically the custodial parent until a court of competent jurisdiction decided otherwise.
You need to contact an experienced family law attorney in your area to discuss your concerns and to establish your rights as a father. If not, she will leave and you will have no legal recourse to address her keeping your son from you.See question
My ex husband and I have shared parenting. I got our daughter a cell phone for Christmas and he says he's going to take it from her. I bought it and I pay for it, should he be able to take it from her for no reason?
Unless there is some compelling reason for her to have a cell phone at her father's home, depending on your agreement, he is only responsible for providing a way for you two to communicate. That can be from his phone or a landline.
He has every right to control the atmosphere at his house.
I would look at your agreement and see if there is anything required of him in that agreement. If not, I would suggest just telling her to leave it at your house when she goes to her father's home.See question
It was rape and I had no idea that she did it because I was sick with the flu. I also have proof that she knew what she was doing.
It is my understanding that the only way to have your rights and responsibilities for your child removed are: 1. Adoption and 2. Permanent Custody proceedings.
I am not aware of any provision under the law that would allow you to avoid responsibility for your child under the circumstances you have described.
I would contact an experienced family law attorney in your area immediately to discuss the specific facts of your case.See question
The separation agreement was signed in Feb, 2016. It was filed with the court in Dec. 2016. We were supposed to divide our furniture and assets up by April, 2016, which was stated within the separation agreement; however we did not do that. Tha...
Does your separation agreement address what happens if you fail to divide the items by the deadline? If it does, you may have an issue if either of you decides to go by the letter of the agreement.
The initial question should be: Can you two agree to just divide it now? If you can, just get it accomplished as quickly as possible. If not, you may need to address it with the court who adopted the order.
Technically, the April date would be moot if you did not file the agreement with the court until December.
I would start by discussing it with your ex and if that goes nowhere, contact an experienced family law attorney ASAP!See question
I HAVE BEEN FIGHTING FOR CARE, AND CUSTODY OF MY 2 CHILDREN FOR THE PAST 3 YEARS. THEY WERE MEDICALLY KIDNAPPED BY CPS, DUE TO MY FAMILY BEING HOMELESS, MY INABILITY TO TRANSPORT, OR GET MY SCHOOL AGE CHILD TRANSPORTED, AND DUE TO MY YOUNGER CHIL...
I am really sorry to hear about the problems you have been having. But I have to agree with attorney King, you are not providing enough information to answer the question you are asking.
The best advice anyone can give you on this site would be to seek a consultation with an experienced family law/juvenile attorney. You will want to have an much detail about your situation as possible and any supporting documents for them to give you an accurate assessment of your situation.See question
Me and my ex were never married and we have two babies under 2 years old. He was recently charged with a felony for taking acid and breaking into someone else's home but he has not been convicted and just recently had his preliminary hearing . I w...
First, your ex has no rights at all in the state of Ohio until a court of competent jurisdiction gives him rights. So you do not have to allow him to see the children at all. Second, if he has a pending felony and was on drugs, those are two major strikes against allowing him any where near your children at this time. He obviously uses illegal narcotics and broke into someones home while on the drugs. Whether or not he is convicted in criminal court should not play any part in your decision to immediately move forward with filing to request a sole custody award from the court.
As for the "morality" clause, if you two agree on the clause being placed in an agreement on parenting, then there should be no issue with getting it in there. As to the court ordering such a thing, it would really be determined by the exact wording.See question
she divorced me and moved in with a man that has M.S. and tho i and others knew they were more than friends , my ex claimed they were only friends, she was awarded 6 years of alimony payments, at 600 a month this is killing me. it has now been ov...
Your starting point needs to be with your decree of divorce/final decision. Typically if the court awards spousal support in a hearing, they will retain jurisdiction to modify that amount/duration. They do not have to retain on both aspects, but can if they choose. A very common attack on spousal is the remarriage or cohabitation in a marriage like relationship of the receiving party. So if you can show they are living an a "marriage like relationship", you will have something to discuss.
If spousal support changes, child support will most likely change also. The $600 per month you are paying is a deduction from your income and an addition to her income. So if that is terminated, you now have a $600 increase per month and she has a $600 loss.
I understand you situation and the financial burden it is causing, but you really need to sit down with an experienced family law attorney and discuss your concerns, possible evidence and the possible outcomes.
Good Luck.See question
The mother has been in and out of rehab. Contracted hepatitis and has made minimal contact with our children. I work full time to support them and the children are cared for by their grandma while I'm at work. After two years the mother shows up w...
You need to contact a family law attorney immediately. The reason she was able to come pick them up seems to be that you two were never married and under Ohio law, the unwed mother a child born in this state is deemed the custodial parent until a court of competent jurisdiction issues any orders to the contrary.
The best thing you can do is to contact an attorney experienced in these types of matters. Avvo has a search feature that can help you locate family law attorneys near you. You need to move as quickly as possible on this, because she does not have to give you any access to your children until a court orders it.
Good luck.See question
My ex has moved out of state for 18 months to go to school. He has not given me or the courts his address and he wants to take our children ages 7 and 8 for a week. Can he take them without me knowing where they are? He only calls once a month and...
You question needs a bit more detail. Now when you say your "ex", do you mean ex-husband or just ex boyfriend?
If you have never been married and he has not been given parenting rights through a court order, then you do not have to allow him to take your children anywhere. If he has court orders for parenting time, they should address the need for him to provide you with contact information and location of where he intends to spend this time.
If you have been married and are now divorced, then you should have a parenting order that would address his rights and obligations to exercise the extended time.
It would serve you well to contact an experienced family law attorney to discuss your concerns, answer a few questions and discuss your options.See question
My husband and I are separating but I just recently found out that he is still married to his first wife.
Under Ohio law, your marriage would not be legally valid. I would contact an experienced family law attorney and discuss your options with that individual. An annulment would legally "erase" your marriage, but as attorney King pointed out, you may not want that if you have children that were born during your marriage.
Avvo has a very good attorney finder. I would use it to find someone in your area that can help guide you in this decision.See question