Columbus Ohio Family Law Attorneys

Law Offices of Virginia C. Cornwell

(614) 225-9316
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Ohio Unmarried and Never Married Parent FAQs

October 26, 2011

COLUMBUS OHIO CUSTODY ATTORNEYS PARENTS NOT MARRIED In Columbus and throughout Ohio, custody attorneys are often asked about the rights of parents who are not married to the mother or father of their child.  We have answered a lot of the basic questions in other articles on our web site.  This article will focus on some of the questions frequently asked in the comments from our readers.

Columbus Ohio Custody AttorneyQ.  Are Ohio Fathers of infants who are not married to the mother allowed to have overnight visits with the child?

A.  It depends on the whether the Father has a court order for visitation, the Ohio County that issued the visitation order, the county that the case is in, and the particular Judge or Magistrate that issued the order.  If the Father has no court ordered time with his child, even if he pays child support, he has no legal right to visitation with his child.

Columbus Ohio Custody AttorneyMost Ohio counties have a local visitation schedule.  This schedule is the FLOOR, not the CEILING of the amount of time a fit parent will have with their child.  If your particular county has a separate schedule for infants, then your county’s model schedule should be used as a guideline for what to expect.  In Franklin County (Columbus), Fathers who are not married to their child’s mother typically start overnights very quickly, usually on a schedule similar to Franklin County Local Rule 27 (aka Franklin County Local Rule 22).  Other counties, such as Pickaway County, do not have overnights in their parenting schedule until the child is at least 12 months old.

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Columbus Ohio Child Custody AttorneyThis is where the issue of your particular Judge or Magistrate comes into the “it depends” answer.  In Columbus, and throughout Ohio, a Judge or Magistrate can order ANY schedule that he or she believes is in the best interest of the child.  They are not required to order a schedule the same as, or even similar to, the model visitation schedule for the county.  The more modern trend is that children, especially young children, should have frequent time spent with each parent in order to properly bond with each parent.  In other words, the modern trends is that even if a mother is still breastfeeding, overnights are not off the table at any age.  Remember, breast milk can be pumped, and babies have been drinking formula for a long time.  So the issue is, what can you expect from your Judge or Magistrate?  An experienced Ohio Custody Attorney can help you understand what your particular Judge or Magistrate’s recent trends seem to be.  Of course, this does not mean that your attorney can tell you with certainty what to expect.  Instead, an experienced custody attorney can apply his or her experience with your particular Magistrate to the facts of your situation and give you a general idea regarding what the possibilities are and what you might expect.

Columbus Ohio Agree Residential Parent Change AttorneyQ.  If the parents of the child agree to shared parenting (aka joint custody, shared custody, 50/50 parenting) do they need to hire an attorney to write up the paperwork?

There are very few situations where you are required to have an attorney.  You are almost always allowed to represent yourself.  Yes, you can prepare your own paperwork.  If you do decide to hire an attorney, the attorney can only represent EITHER the mother or the father, but NOT BOTH.  This is a conflict of interest, even if the parties agree to shared parenting.  You CAN, however, prepare your own paperwork.  A shared parenting plan is not an especially easy thing to draft on your own, but if you want to (or need to) represent yourself, the website for the Clerk of Court may offer some helpful forms.  If you don’t find what you are looking for on your clerk’s website, try another Ohio county clerk of court.  You can also find some sample forms online at the Franklin County Law Library (Columbus).  The free forms page of our website has many helpful links for you if you need to draft your own paperwork.  Another option would be for one of the parties to hire an attorney to draft the paperwork, and the other party can take their paperwork to their own attorney to be reviewed.  If the paperwork is okay, the parties may want to present their own paperwork to the court.   This is called “unbundled services” and it is perfectly fine, as long as your fee agreement with your attorney is very clear about the scope of the services that are to be provided.  Many firms offer flat fees for the preparation of paperwork where the parties have agreed on all matters in advance.

CALL NOW  at (614) 225-9316 or contact us by e-mail.

Columbus Ohio Lawyer Attorney for Unmarried FathersQ.  In Ohio, can the mother of a child from an unmarried relationship take the child and leave the state if the father does not have any court ordered visitation?

YES.  In fact, even if an Ohio father DOES have court ordered visitation, this does not automatically stop the mother from moving out of state with the child.  It does, however require her to file a relocation notice with the court saying where she has moved.  The Father can then file a motion to reallocate parental rights and responsibilities or to modify parenting time.  In the meantime, until the court makes a new order, the mother is court ordered to make the child available on the same schedule in her court order.   What’s the lesson here?  If you learn that your child is going to be moved out of state, DO SOMETHING, FAST!  If you don’t know what to do, go meet with an attorney.

Columbus Ohio Attorney Stop Child from Being Moved Out of StateWhat about Fathers who have shared parenting (aka joint custody or shared custody)?  Can the mother still just take the child and move out of the state?  That depends on the language of your shared parenting plan.  Hopefully, you had the help of an experienced child custody attorney to help you draft the plan, and the plan has provisions regarding moving and what changes if either of the parents move out of the city, out of the county or out of the state (it varies from case to case).  If your plan does not saying anything about moving, all may not be lost.  Check your local rules of court for the county that issued the plan.  Your local rules may have a provision regarding moving that requires things such as a certain amount of notice before moving the child, filing a motion and having a hearing first, or (best case scenario, but rare), a provision that says if the school placement parent moves, the other parent becomes the school placement parent.

In Ohio, if  an unmarried father has no court papers giving him parental rights, and the mother of his child wants to move, she can move.  She is not even required to tell the father where she has moved.  Fathers in Ohio have no rights to time with their children or custody of their child until they go to court and get them.  Fathers often put off going to court because they are afraid that their child support will be raised beyond what they can afford.   An attorney can calculate what the child support guidelines amount would be based on your current income, so you at least know what to expect.  If a father who is not married files a complaint to establish paternity and/or parental rights, many Ohio counties, including Franklin County, will issue a temporary restraining order prohibiting the mother from permanently removing the child from the court’s jurisdiction until the father’s custody, visitation or shared parenting motion can be heard and ruled upon by the court.

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DISCLAIMER – Read it, it’s important!

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How to register an out of state custody order in Ohio.

April 19, 2011

Ohio Family Law Attorney Out of State Custody Register ChangeIf you have a custody or visitation order from another state, and you now live in Ohio, the process for registering your order with the courts in the state of Ohio is actually relatively simple.  Unfortunately, jurisdictions is an issue that can be complicated and sometimes difficult to understand.  However, if the state that made the order had jurisdiction to make the order, then registering it in Ohio is pretty basic. Here is a link to a packet of  forms which is a pretty good resource for registering a foreign decree in Ohio.  You can white out or cross out the name of the county and change it to your county’s name.  The filing fee might be different in your county as well, so you need to check that by either viewing your county’s website, or calling the clerk of court in your county.

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Interstate Child Custody Attorney OhioRegistering your decree means that you have the right to have an Ohio police officer enforce your decree just as they would if it were made by a court in Ohio.  It does not mean that jurisdiction has moved to Ohio and that Ohio courts can CHANGE the order.  Ohio courts can only enforce the order.  The other parent can contest registration of the order, but only on a very limited basis.

Before you file your paperwork to register your order in Ohio, you should review the law to make sure you have dotted all your i’s and crossed your t’s.   To see the laws about child custody in Ohio and which state has jurisdiction, see Ohio Revised Code 3127.

CALL NOW  at (614) 225-9316 or contact us by e-mail.

DISCLAIMER – Read it, it’s important!

 

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Supervised Visitation in Ohio

February 24, 2011

Supervised Vistation Emergency Custody OhioAs Columbus Ohio family law attorneys, we are often asked about supervised visitation.  We are asked questions such as:

  • What is supervised visitation?
  • Who supervises the Visitation?
  • Can the County supervise the Visitation?
  • Can one parent or the other supervise the Visitation?
  • Can relatives, aunts, uncles or grandparents supervise the Visitation?
  • Are there places you can go where they are paid to supervise the Visitation?

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What is supervised visitation?

When the Court has concerns that a parent might make unsafe choices or the child does not know the parent, the Court may order supervised visitation.  This can happen in many kinds of court cases, such as custody, visitation, shared parenting, father’s rights / paternity cases, grandparent custody or visitation cases, divorce, legal separation, post-decree matters, emergency custody situations, and abuse/neglect/dependency cases.

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Who supervises the Visitation?

Court ordered supervision can be done by any person the Court deems fit, by the County, or by a private facility.

Can the County supervise the Visitation in Ohio?

The County can only supervise visits in abuse/neglect/dependency cases.  According to Ohio Law, the Courts cannot order the County to oversee the visit in any other type of case.

Can one parent or the other supervise the Visitation?

Yes, if the Court allows it.  This is most often done when one parent has been excluded or has not been involved in the Child’s life and the Court wants to allow the Child a little time to get more comfortable with the Parent.  This arrangement is usually short-lived.  Courts do not usually order one parent to supervise on a long term basis, unless both parents agree to this.

Can relatives, aunts, uncles or grandparents supervise the Visitation?

Yes, but Ohio courts will not usually require a person to do this unless he or she is willing to do so.

Are there places you can go where they are paid to supervise the Visitation?

There are businesses who do this for a fee.  Usually, but not always, the Court orders the Parent to be supervised to pay the fee.  Here is a link to a directory of places that provide this service in Ohio. http://www.svdirectory.com/state.htm?st=oh.  In Franklin County, there are several places that provide supervised visitation, including Welcome to Our Place and the Buckeye Ranch.

Do you have more questions about supervised visitation, but you are not sure if you need an attorney?  Maybe our FAQ page will help.   If you would like to meet with one of the attorneys from our office, call us at 614-225-9316.

CALL NOW  (614) 225-9316 or contact us by e-mail.

You may also be interested in some of our divorce articles:

  • Part 1: Conciliation or Legal Separation
  • Part 2: Dissolution or Uncontested Divorce
  • Part 3: Reasons to Choose Divorce
  • Part 4: Restraining Orders
  • Part 5: Where will you live?
  • Part 6:Paper Work
  • Part 7: Health Insurance
  • Part 8: Attorney Fees
  • Part 9: 5 Dirty Divorce Tricks
  • Part 10: 5 More Dirty Divorce Tricks
  • Part 11: Columbus Ohio Divorce Jurisdiction
  • Part 12: Columbus Ohio Professional Practice Divorce
  • Part 13: Military Divorce Jurisdiction – What State to File In
  • Series on Divorce Part 14: Interstate Divorce
  • Series on Divorce Part 15: Interstate Divorce and Child Custody
  • Series on Divorce Part 16: Psychological Evaluations in Ohio Divorce and Custody Cases
  • Series on Divorce Part 17: Divorce and Medical Practice Owners
  • Series on Divorce Part 18: Can you get a divorce or dissolution in Ohio while pregnant?
  • Series on Divorce Part 19: Separate Property
  • Series on Divorce Part 20: Average Cost of a divorce in Ohio

DISCLAIMER – Read it, it’s important!


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Psychological Evaluations in Ohio Divorce and Custody Cases: Series on Divorce Part 16

February 18, 2011

There is a lot of fuss and fanfare about psychological evaluations in family law.  The most common reason we hear for requesting a psychological evaluation in Ohio family law cases (divorce, custody, visitation, shared parenting), is, “I think my ex is bipolar and I want custody of my children.”  Many clients want to have a psychological evaluation performed in their cases, but what happens in those evaluations is a big mystery to them.

When the purpose of the psychological evaluation is to determine which parent is more suitable to parent children (a Child Custody Evaluation), there are guidelines that an evaluator must use.  On February 21, 2009, the American Psychological Association revised their “Guidelines for Child Custody Evaluations in Divorce Proceedings”.  They are now known as the “Guidelines for Child Custody Evaluations in Family Law Proceedings“, an acknowledgment to the fact that the definition of family in America is changing, and psychological evaluations are no longer used only in divorce.

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The new guidelines can be seen here: http://www.apa.org/practice/guidelines/child-custody.pdf.  Contrary to what most parents believe, the purpose of a psychological evaluation is not to see if either parent has a mental health diagnosis.  The Psychologist’s contact with the parents is unlikely to be sufficient for the Psychologist to actually make a diagnosis.  At best, they may be able to observe characteristics which might be “consistent with” a certain diagnosis or disorder.

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If the purpose of the examination is not to make a diagnosis, then what is it?  In a nutshell, the purpose is of the psychological evaluation, or child custody evaluation, is:

  1. Where possible, to answer the referral question that was set out in the Court’s order which required one or both parents, and the Child, to participate in the evaluation; and
  2. To determine the psychological best interests of the Child.  Where appropriate, the Psychologist can make a recommendation as to which parent is better equipped to meet the psychological needs of the Child.

Columbus Ohio Divorce & Custody Attorney

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10 Things to Discuss with Your Attorney

Sometimes the Court will choose the evaluator, and sometimes the Court will allow the parties or attorneys to choose or have input regarding which psychologist will perform the evaluation.  In that case, here are 10 important things to discuss with your attorney:

  1. How much will the psychological evaluation cost?
  2. Who will pay for the psychological evaluation?
  3. Does this Expert generally prepare a written report?  If so, does the Expert generally prepare the report on time, or request multiple extensions of time to prepare the report?  If you don’t want your case to drag on, is this the Expert for you?
  4. When this Expert prepares a report, does he or she generally make a recommendation to the Court, or avoid making a recommendation to the Court?
  5. What does this Expert charge for his or her time in depositions, and for court time?  Is it a higher hourly rate or an expensive flat fee?  If your case goes to trial, you will probably need this Expert to come to court.  Can you afford to pay for that?
  6. Has your Attorney worked with this Psychologist before?  If so, what were your Attorney’s impression of his or her work?
  7. In your Attorney’s experience, does this Psychologist generally make a recommendation which favors mothers? Or fathers?  If your Attorney’s experience is that a particular psychologist almost always recommends one parent over the other, and that parent is not you,  you should discuss your concerns with your Attorney.

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  1. If need be, will the Psychologist participate in depositions and testify in court?  Believe it or not, some psychologists who will perform custody evaluations do NOT want to give a deposition or go to court in any way, shape or form.  Although they can be compelled to do so, discuss with your Attorney why you would voluntarily agree to hire an unwilling expert.
  2. Is the Expert willing to supply his or her information, notes, etc.  in response to a subpoena, to the extent permissible by law? Does your Attorney know if the Expert has redacted information or notes when his or her records were subpoenaed?  If so, why?  Was there a legal basis for doing so, or was the Expert trying to hide something that should be discoverable?
  3. What is the Expert’s working relationship with the Guardian Ad Litem?  Does your Guardian Ad Litem always suggest this Expert?  If so, why? Does the Expert have discussions with the Guardian Ad Litem that he or she does not disclose to your Attorney?
You may also be interested in some of our divorce articles:
  • Part 1: Conciliation or Legal Separation
  • Part 2: Dissolution or Uncontested Divorce
  • Part 3: Reasons to Choose Divorce
  • Part 4: Restraining Orders
  • Part 5: Where will you live?
  • Part 6:Paper Work
  • Part 7: Health Insurance
  • Part 8: Attorney Fees
  • Part 9: 5 Dirty Divorce Tricks
  • Part 10: 5 More Dirty Divorce Tricks
  • Part 11: Columbus Ohio Divorce Jurisdiction
  • Part 12: Columbus Ohio Professional Practice Divorce
  • Part 13: Military Divorce Jurisdiction – What State to File In
  • Series on Divorce Part 14: Interstate Divorce
  • Series on Divorce Part 15: Interstate Divorce and Child Custody
  • Series on Divorce Part 16: Psychological Evaluations in Ohio Divorce and Custody Cases
  • Series on Divorce Part 17: Divorce and Medical Practice Owners
  • Series on Divorce Part 18: Can you get a divorce or dissolution in Ohio while pregnant?
  • Series on Divorce Part 19: Separate Property
  • Series on Divorce Part 20: Average Cost of a divorce in Ohio

DISCLAIMER – Read it, it’s stuff you need to know!

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Ohio Interstate Divorce Attorney series on Divorce part 15: Interstate Divorce and Child Custody

February 14, 2011

This is the 15th installment in a series by a Ohio Interstate Divorce and Custody Attorney about the process and options for ending your marriage in Ohio, and about Ohio divorce laws. This article discusses interstate child custody jurisdiction.  Interstate child support and enforcement will be discussed in another article. You can view other articles in the Divorce in Ohio series by clicking any of the links at the end of the article.

 

OHIO CHILD CUSTODY JURISDICTION AND DIVORCE:

What you need to know about The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and Subject Matter Jurisdiction

In the previous article we discussed personal jurisdiction, and how you need it if you want someone to pay money.  Subject matter jurisdiction is different.  It can never be waived.  It is one of the ONLY issues that can be raised on appeal for the first time.  Why is it so important to divorce and custody cases?  Because one state, and one state only, has subject matter jurisdiction to make child custody orders under the UCCJEA.  Either a state has it, or it does not, and clever little tricks like trying to file court papers first or serve someone while they are in a state will NOT give a state subject matter jurisdiction.  It is one of the few areas in Ohio Family Law where the Trial Court does NOT have broad discretion, and the law is clear.  The Court of Appeals will actually get involved to stop a trial court from exercising subject matter jurisdiction improperly.

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Why is child custody so different?  Because there is a federal law about child custody.  For the most part, the federal government leaves custody issues to the state, and only steps in on matters which effect the nation as a whole.  There is a federal law called the Parental Kidnapping Prevention Act that was designed to keep parents from taking the children from their home, moving to another state that they would like to live in and filing court papers in the new state to obtain jurisdiction.  The Parental Kidnapping Prevention Act (PKPA) gives clear instructions regarding which state has jurisdiction over child custody matters.

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The PKPA says that ONLY courts with proper jurisdiction under the PKPA can make orders regarding custody that have to be obeyed outside of that state.  In legalese, only states that have jurisdiction under the PKPA can make custody orders which are entitled to “full faith and credit” in all other states.

Ohio, like most states in the U.S., has adopted the UCCJEA.  The UCCJEA is a treatise, or a scholarly writing, that has been made part of the law in the states that have adopted it.  To understand the UCCJEA in Ohio, you must look at the statutes in the Ohio Revised Code that made the UCCJEA the law in Ohio.  The UCCJEA was adopted in Ohio to bring Ohio custody law in compliance with the PKPA.  In a nutshell, both the UCCJEA and the PKPA require:

  • 1) generally, initial custody determinations must be made in the State where the Child has lived for the 6 months immediately before the filing of the court paperwork (home state jurisdiction);
  • 2) once a custody order is made by a state with proper jurisdiction under the UCCJEA, then that state has continuing exclusive jurisdiction (that state keeps jurisdiction unless both parents and all the Children leave that state); and
  • 3) any state can exercise emergency jurisdiction, but that emergency jurisdiction only lasts as long as the emergency, and then the State with continuing exclusive jurisdiction (if a custody order already exists from that state) or home state jurisdiction (if no custody order is made yet in the home state) will assume jurisdiction.  Emergency jurisdiction is temporary, and dragging out the court proceedings over the alleged emergency for six months or more won’t change anything.

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Now, if you really think about it, both the PKPA and the UCCJEA were made because of all the things people used to do to try to give a state jurisdiction that it shouldn’t have.  These laws both contemplate and defeat “custody grab” scenarios such as:

  • leaving one state and filing court papers shortly after arriving in a new state (haven’t lived in the new state six months)
  • filing “emergency jurisdiction” motions and then hoping that keeping the case in court six months will keep jurisdiction in the wrong state (if a custody or divorce/custody or similar case has been filed the Child’s home state, the case WILL end up back in that home state.
  • trying to lure the other parent into the new state to serve them with paperwork (can’t get subject matter jurisdiction this way)
  • filing papers in the wrong state in the hopes the other parent cannot afford the airfare to appear (Ohio law can require the parent filing in Ohio to pay travel expenses for the other parent to come fight it)
  • Hiding the Child for six months or kidnapping the Child
  • filing a case citing the “general jurisdiction” of the Juvenile Court over a child “who is not a ward of another court of this state”.  Read the statute closely – that statute presumes that Ohio already has subject matter jurisdiction over custody under the UCCJEA.  In addition, Ohio Revised Code 3127.15(B) clearly and unequivocally states: Division (A) of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state.

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To learn more, see our other articles on the UCCJEA.  You may also be interested in some of our other divorce articles:

  • Part 1: Conciliation or Legal Separation
  • Part 2: Dissolution or Uncontested Divorce
  • Part 3: Reasons to Choose Divorce
  • Part 4: Restraining Orders
  • Part 5: Where will you live?
  • Part 6:Paper Work
  • Part 7: Health Insurance
  • Part 8: Attorney Fees
  • Part 9: 5 Dirty Divorce Tricks
  • Part 10: 5 More Dirty Divorce Tricks
  • Part 11: Columbus Ohio Divorce Jurisdiction
  • Part 12: Columbus Ohio Professional Practice Divorce
  • Part 13: Military Divorce Jurisdiction – What State to File In
  • Series on Divorce Part 14: Interstate Divorce
  • Series on Divorce Part 15: Interstate Divorce and Child Custody
  • Series on Divorce Part 16: Psychological Evaluations in Ohio Divorce and Custody Cases
  • Series on Divorce Part 17: Divorce and Medical Practice Owners
  • Series on Divorce Part 18: Can you get a divorce or dissolution in Ohio while pregnant?
  • Series on Divorce Part 19: Separate Property
  • Series on Divorce Part 20: Average Cost of a divorce in Ohio

DISCLAIMER – Read it, it’s stuff you need to know!

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READ THIS BEFORE YOU READ OUR WEB SITE

1. This site applies to the state of Ohio and matters of federal law only.
2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.
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Law Offices of Virginia C. Cornwell
408 Emory St
Columbus , OH , 43230
(614) 225-9316
Latitude: 40.007180
Longitude: -82.845223