My wife and I have a child who is 9. At the time of birth we were only dating and the paternity of the child was questionable. So, I elected to let them have their mother's last name and I did not sign the birth certificate. We stayed together to ...
No, you can't just sign the birth certificate now and change his name. There is an affidavit form that your wife can fill out and submit to the Ohio Department of Health. You should be able to find it my googling "Ohio birth certificate correction." You will, however, need to apply to the Probate Court to change your child's last name. You may be able to do this on your own, or you may find that you need an attorney.See question
Me and my ex were never married and don't have a custody arrangement through the courts but my son has lived with me for 5 years. My ex gets him every other week, but has had him all week this week, but i have not been able to get a hold of him th...
If there is no court order giving the father visitation rights, he has no right to keep the child without your permission. As the birth mother, you have custody and father has no rights unless and until a court grants them to him. If you haven't already done so, contact the police immediately. Your ex could be charged with kidnapping.See question
Two separated, non/never married, parents with child born out of wedlock. Filing taxes. Claiming child on taxes. Father Pays a lot of child support and expensive health insurance for child as well as 60% out of pocket medical costs for child that ...
In Montgomery County Juvenile Court the norm is to alternate the tax exemption. You may want to review your situation with a lawyer to determine whether a court has addressed the issue and, if so, what the reason was for granting mother the tax exemption every year. You should also consider the dollar value of the tax exemption to you so that you can decide how much money you want to spend on legal fees.See question
I am a 48 year old man, married for 20 years with 3 children. I am a recovering alcoholic in Aftercare. I graduated IOP recently, I attend 4-5 AA meetings per week, and have a sponsor. I live in Dayton, OH with my family, but I went to rehab in ...
It appears that your wife is trying to use your alcoholism against you in spite of your sincere participation in a recovery program. I would need to know whether she is alleging that you have committed acts of domestic violence against her and what evidence supports her claim. Having psychological issues related to alcoholism is not a sufficient basis for issuance of a CPO, particularly when you are actively pursuing a legitimate treatment program. I highly recommend that you hire a lawyer to represent you and look for one who understands addiction and the recovery process.See question
My daughter is almost 2. I had a DNA test done to prove paternity to get child support from her father. Her father has not been in the picture since she was born. We were not married, and therefore have legal custody of her, but he is listed on bi...
The biological father would have paramount right to custody in case you died while your child was still a minor. However, you should at least name a trusted friend or family member as the guardian of her estate and of her person in your will. Even if the father was awarded custody, the assets you leave behind would be controlled by the guardian of the person under the supervision of the probate court. The less involved the father is in your child's life, the more likely it is that your preferred guardian could obtain custody or guardianship of the person. The person you designate should be someone who is responsible and closely involved in your child's life. You should consult with an attorney about this important decision.See question
Will the dissolution still go through without him being there?
I am sorry to hear about your boyfriend's condition. I certainly hope that he is recovering from his injuries. As the other attorneys have already informed you, if it is a dissolution, not a divorce hearing, it can not go forward without him. If he has an attorney, be sure to notify his attorney. If he does not, you can check his paperwork and see which judge is assigned to the case. You can then call the judge's assistant and inform him or her. The wife will have the option of getting the hearing rescheduled or filing for divorce.See question
My son is almost 8 and his father has been in prison for 6 1/2 years. He is 19,000, behind in support and just sent a message saying he wants to sign his rights over what do I need to do?
He cannot just "sign his rights" away to get out of his child support obligation unless there is a step-father who applies to adopt your son. You will probably need to consult with a lawyer as to what his obligations are and what your rights are. Good luck to you.See question
I have temporary custody of her while we are going through court.
If there is a restraining order, check the terms. The usual restraining order regarding removal of the children from Ohio prohibits a parent from taking the child out of state except temporarily for a vacation of less than 14 days. If he has violated this, you can file for contempt. There is a lot of additional information I would need before I could properly advise you. If you have asked for your daughter to be returned or he has hidden her whereabouts from you, you should contact the police. I also recommend consulting a lawyer.See question
Can I legally make my husband move out of my house today, since I did not make him leave when he was served on Thursday night- I was at work at the time.
The mere fact that your husband was served with your complaint for divorce does not require him to leave. You can not force him to leave the marital residence unless you obtain a court order that requires him to move out. Your lawyer could file a Motion for Sole Occupancy if there is a good reason for doing so. Of course, if he has committed acts of domestic violence toward you or has given you reason to fear that he will harm you, you may file a petition for a civil protection order and, if it is granted, he will be required to immediately leave the residence and stay away from you.See question
I lived in county "A" with ex-wife and was divorced there, and all custody and other issues have been dealt with there. County "B" is very pro-mother regardless of circumstances. My worry and question is, Is it possible that my future custody i...
Your custody case should remain in County "A" which is the county that has "venue" even though neither of you live there anymore. If all of you were to leave the state of Ohio, then either you or your ex-wife could apply to have the jurisdiction of Ohio terminated and ask the new state to take jurisdiction. I have known of a few instances where a case is transferred from the "deciding" county to a new county, but, the general rule, is to keep the case with the "deciding" county.See question