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Helen Clare Wallace

Helen Wallace’s Answers

7 total

  • My spouse sleeps until noon or so several days a week and on weekends. will this keep him from getting 50 50 custody?

    he has a long history of major depression and excessive sleep issues. as a resulti am with the kids 90 percent of time and couldnt get a job as I never wanted to leave them with him while he slept the day away. Would this impact his custody and vi...

    Helen’s Answer

    Your husband's sleep habits and depression may prevent him from receiving 50/50 custody. The Court will consider what is in the best interests of the child or children. If he is unable to care for them properly because he is sleeping or depressed, it may be an important factor in the Court's analysis of what is best for the child or children. You are wise to be thinking how you can document his sleep habits and depression. Consider any possible witnesses who may be able to later testify in Court. Another suggestion is to keep a journal of the time he usually spends with the child or children and his sleep habits. I suggest that you consult with a local family law attorney in order to receive the best possible advice in your specific situation. .

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  • How old do you have to be to decide which parent you want to live with?

    My son lives in Ohio. The father has full custody & i have full custody of his younger brother.

    Helen’s Answer

    As stated by other counsel, children in Ohio do not have the power to decide which parent receives custody. Children's wishes are considered by the Court as one factor of many to determine what is in the best interest of that child. The factors considered by the Court are found in Ohio Revised Code Section 3109.04 (F) are summarized below:

    (a) The wishes of the child’s parents regarding the child’s care;
    (b) If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;
    (c) The child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest;
    (d) The child’s adjustment to the child’s home, school, and community;
    (e) The mental and physical health of all persons involved in the situation;
    (f) The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;
    (g) Whether either parent has failed to make all child support payments, including all arrearages, that are required of that parent pursuant to a child support order under which that parent is an obligor;
    (h) Whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child;
    (i) Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time in accordance with an order of the court;
    (j) Whether either parent has established a residence, or is planning to establish a residence, outside this state.

    If you want the child to speak with the Court and relay their wishes, you or your attorney must request either an in camera interview (where the child gets an opportunity to speak with the Court and tell the Court what they want), or a Guardian ad Litem, a person appointed to the case who can talk to the child outside of Court (for example, at their home or school) and report to the Court the child's wishes.

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  • My 15 year old was caught with marijuana. What now?

    in ohio and about 40 grams

    Helen’s Answer

    You should hire an attorney with experience in juvenile law in your local area.

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  • Former spouse reviewed child support order. Left out significant financial information. Child support cut in half.

    Ex-husband voluntarily retired from military. Resides in $300,000 home purchased just 1 year before retirement. Owns rental property. (this property is paid off) He claimed his retirement of $35,000 as his only income. He received a job a wee...

    Helen’s Answer

    I agree with the previous answers that you should object to the child support order immediately, through an experienced attorney if possible. If the time to object to the Court Order has lapsed, an attorney may still be able to help you. All financial income should be included in the child support computation that formed the basis for the Court order. If new employment or income has been obtained which results in a 10% change in income since the last child support computation was run, you could potentially request a modification of the child support based on a change in circumstances.

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  • Can I send certified mail to a state prison inmate in Ohio?

    I would like to have my son's last name changed, but I have to have the consent of his father. He is currently serving time in a state prison for non support of dependents, and other criminal offenses. I would like to service him the paperwork let...

    Helen’s Answer

    Yes, you should be able to serve him certified mail. Check the institution where he is incarcerated for their rules on mailing and be sure to include any requirements of the institutions such as his inmate number, etc. It sounds as if you are doing the Petition for a Name Change without the assistance of an attorney. If so, you may want to check with the Clerk of the Court where you are asking for the name change. Clerks of Court are often the ones who serve parties via certified mail or other means.

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  • During a custody hearing can I ask for my husband not to be allowed to take our 3yr old daughter in veteran bars/private clubs?

    Possibly getting ready to go through a divorce. I do not want my 3 yr old daughter growing up in veteran bars or private clubs/bars (i.e. Eagles). I know that a lot of these bars kids are allowed in until 9pm, but to me, that does not mean it is a...

    Helen’s Answer

    You can certainly ask the Court to order your ex not to take your child into bars. As the previous answer stated, the Court will decide whether or not such activity is harmful to the child. If the Court agrees with you that it is harmful, or not in the child's best interest, the Court may make an Order not allowing your ex to frequent bars with the Child.

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  • How do I receive child support from an ex or could someone explain the exact laws that dictate how he can avoid it?

    I left my abusive ex boyfriend around 7 years ago, after he had broken my face, and left me homeless with our 4 children, all under the age of 4. While I was staying in the local abuse shelter, my food stamps caseworker had insisted I needed to ap...

    Helen’s Answer

    I agree with the previous answers indicating that should your ex be granted social security benefits based on a disability, that your children may also receive benefits through social security. Under the circumstances, that may indeed be the best outcome. However, the Court can also issue a seek work order to your ex, requiring him to seek employment. Also as mentioned above, an attorney can help you in Court by objecting to the doctor's note as hearsay, and also cross examining your ex to try to establish that he is voluntarily unemployed (required under Ohio law in order to impute income to your ex. Imputing income means that the Court will base child support on what your ex would have earned if fully employed).

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