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Ohio Custody Rights Explained
Summary
In Ohio, an unmarried mother is the sole residential parent and legal custodian of her child until a court order designates another person. This applies even if the father has signed the birth certificate. Motions for continuances or advancements in court proceedings are governed by specific Ohio rules. Terminating child support and forgiving arrears involves stopping future payments and waiving past dues, respectively. Proving child support is unnecessary requires showing significant changes in circumstances. Child support calculations consider both parents income. A motion to remove a magistrate requires demonstrating bias or misconduct. Rule 60(A) addresses clerical errors, not legal errors. An objection to a judges decision includes specific reasons and evidence. Filing an affidavit of indigency requests state-covered legal costs. Dependency cases involve child welfare due to lack of proper care.Full Conversation
Ohio Revised Code § *.* (A) Custody Rights of Unmarried Mother states:
“An unmarried female who gives birth to a child is the sole residential parent and legal custodian of
the child until a court of competent jurisdiction issues an order designating another person as the
residential parent and legal custodian. A court designating the residential parent and legal custodian of
a child described in this section shall treat the mother and father as standing upon an equality when
making the designation.”
Hey Abby! It looks like you’re referencing custody laws for unmarried parents in Ohio. Are you seeking advice on how to proceed with a custody case or clarification on this specific law?
Yes
Got it, Abby. Are you looking for guidance on how to file for custody, or do you have specific questions about the law's implications for your situation?
does this still apply if the father signed the birth certificate?
Case Rating: *
Hey Abby! Yes, even if the father signed the birth certificate, the mother is still considered the sole residential parent and legal custodian under Ohio Revised Code § *.* (A) until a court orders otherwise.
Do you have any more specific questions about your situation?
Hey Abby! Yes, even if the father signed the birth certificate, the mother is still considered the sole residential parent and legal custodian under Ohio Revised Code § *.* (A) until a court orders otherwise.
Do you have any more specific questions about your situation?
please explain this: Motions for continuances or advancements shall be made and considered in
accordance with Rule * of the Rules of Superintendence for the Courts of Ohio
and Rules * and * of the Ohio Rules of Juvenile Procedure.
Case Rating: *
Hi Abby! Here's a brief explanation:
- Rule * of the Rules of Superintendence for the Courts of Ohio: Governs how to request a delay (continuance) or expedite (advancement) in court proceedings.
- Rules * and * of the Ohio Rules of Juvenile Procedure: Specifics on how these requests are handled in juvenile cases.
Would you like more detailed information on any of these rules?
Hi Abby! Here's a brief explanation:
- Rule * of the Rules of Superintendence for the Courts of Ohio: Governs how to request a delay (continuance) or expedite (advancement) in court proceedings.
- Rules * and * of the Ohio Rules of Juvenile Procedure: Specifics on how these requests are handled in juvenile cases.
Would you like more detailed information on any of these rules?
what does this mean? Terminate Support and Forgive Arrears
Case Rating: *
Hey Abby! "Terminate Support and Forgive Arrears" generally means:
- Terminate Support: Stopping future child support payments.
- Forgive Arrears: Waiving any past-due child support amounts owed.
Do you need more details on how this can be applied to your specific case?
Hey Abby! "Terminate Support and Forgive Arrears" generally means:
- Terminate Support: Stopping future child support payments.
- Forgive Arrears: Waiving any past-due child support amounts owed.
Do you need more details on how this can be applied to your specific case?
yes
Case Rating: *
Hey Abby! Here's a bit more detail:
- Terminate Support: If child support is no longer needed, you can request to stop future payments.
- Forgive Arrears: If there are unpaid child support amounts, you can request to waive these past dues.
Would you like to know the process for requesting these actions in Ohio?
Hey Abby! Here's a bit more detail:
- Terminate Support: If child support is no longer needed, you can request to stop future payments.
- Forgive Arrears: If there are unpaid child support amounts, you can request to waive these past dues.
Would you like to know the process for requesting these actions in Ohio?
how do I prove child support is no longer needed?
Case Rating: *
Hey Abby! To prove that child support is no longer needed, you typically need to show a significant change in circumstances, such as:
- The child has reached the age of majority (* in Ohio).
- The child is emancipated or married.
- The custodial parent no longer needs financial support due to a change in financial status.
Would you like more specific guidance on how to proceed with this process in Ohio?
Hey Abby! To prove that child support is no longer needed, you typically need to show a significant change in circumstances, such as:
- The child has reached the age of majority (* in Ohio).
- The child is emancipated or married.
- The custodial parent no longer needs financial support due to a change in financial status.
Would you like more specific guidance on how to proceed with this process in Ohio?
what if the custodial parent never needed child support to begin with?
Case Rating: *
Hey Abby! If the custodial parent never needed child support to begin with, they can still request to terminate the support order by demonstrating this to the court. This might involve showing evidence of financial stability or other relevant factors. Would you like guidance on how to gather and present this evidence?
Hey Abby! If the custodial parent never needed child support to begin with, they can still request to terminate the support order by demonstrating this to the court. This might involve showing evidence of financial stability or other relevant factors. Would you like guidance on how to gather and present this evidence?
Are there laws that protect non-custodial parents if they make less money than the custodial non-parent?
Case Rating: *
Hey Abby! In Ohio, child support is generally calculated based on both parents' income, the needs of the child, and other relevant factors. If the non-custodial parent makes less money than the custodial parent, this could impact the child support amount.
Would you like more information on how child support is calculated in Ohio?
Hey Abby! In Ohio, child support is generally calculated based on both parents' income, the needs of the child, and other relevant factors. If the non-custodial parent makes less money than the custodial parent, this could impact the child support amount.
Would you like more information on how child support is calculated in Ohio?
Motion to Remove Magistrate
Case Rating: *
Hey Abby! Filing a motion to remove a magistrate can be a complex process. Generally, you would need to demonstrate bias, conflict of interest, or other valid reasons for the removal.
To better assist you, can you provide more details on why you want to remove the magistrate?
Hey Abby! Filing a motion to remove a magistrate can be a complex process. Generally, you would need to demonstrate bias, conflict of interest, or other valid reasons for the removal.
To better assist you, can you provide more details on why you want to remove the magistrate?
Rule *(A) Objection (Clerical Error)
Case Rating: *
Hi Abby! Rule *(A) of the Ohio Rules of Civil Procedure allows for the correction of clerical errors in judgments, orders, or other parts of the record at any time. Would you like detailed information on how to file a Rule *(A) motion for your case?
Hi Abby! Rule *(A) of the Ohio Rules of Civil Procedure allows for the correction of clerical errors in judgments, orders, or other parts of the record at any time. Would you like detailed information on how to file a Rule *(A) motion for your case?
please explain a little more
Case Rating: *
Hey Abby! Sure thing. Rule *(A) of the Ohio Rules of Civil Procedure is used to correct clerical mistakes or errors arising from oversight in a court's judgment or order. This can be done by the court on its own initiative or by a party's motion.
Is there a specific clerical error you are looking to correct in your case?
Hey Abby! Sure thing. Rule *(A) of the Ohio Rules of Civil Procedure is used to correct clerical mistakes or errors arising from oversight in a court's judgment or order. This can be done by the court on its own initiative or by a party's motion.
Is there a specific clerical error you are looking to correct in your case?
what would a clerical mistake or error be defined as?
Case Rating: *
A clerical mistake or error under Rule *(A) of the Ohio Rules of Civil Procedure typically includes:
- Typographical errors
- Incorrect dates
- Miscalculations
- Omissions in the court's records
These errors occur from oversight and do not affect the substantive rights of the parties involved.
Is there a specific clerical error you're dealing with in your case?
A clerical mistake or error under Rule *(A) of the Ohio Rules of Civil Procedure typically includes:
- Typographical errors
- Incorrect dates
- Miscalculations
- Omissions in the court's records
These errors occur from oversight and do not affect the substantive rights of the parties involved.
Is there a specific clerical error you're dealing with in your case?
would an incorrect address be a typographical error?
Case Rating: *
Yes, an incorrect address can be considered a typographical error under Rule *(A). It is a minor mistake that can be corrected without affecting the substantive rights of the parties involved.
Do you need guidance on how to file a motion to correct this clerical error?
Yes, an incorrect address can be considered a typographical error under Rule *(A). It is a minor mistake that can be corrected without affecting the substantive rights of the parties involved.
Do you need guidance on how to file a motion to correct this clerical error?
What is a good example of an omission in the court's record
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A good example of an omission in the court's record would be if a court order inadvertently left out a specific provision that was agreed upon by both parties, such as the allocation of visitation times or the inclusion of a financial obligation.
Is there a particular omission you're dealing with in your case?
A good example of an omission in the court's record would be if a court order inadvertently left out a specific provision that was agreed upon by both parties, such as the allocation of visitation times or the inclusion of a financial obligation.
Is there a particular omission you're dealing with in your case?
would a legal error be classified as a clerical error?
Case Rating: *
Hey Abby! No, a legal error is not classified as a clerical error. Clerical errors refer to minor mistakes such as typos or incorrect dates, while legal errors involve mistakes in the application or interpretation of the law.
Do you have a specific legal error you're concerned about?
Hey Abby! No, a legal error is not classified as a clerical error. Clerical errors refer to minor mistakes such as typos or incorrect dates, while legal errors involve mistakes in the application or interpretation of the law.
Do you have a specific legal error you're concerned about?
what does a Motion to Set Aside Magistrate’s
Interim Order?
Case Rating: *
A "Motion to Set Aside Magistrate’s Interim Order" is a request to the court to nullify or overturn an interim order made by a magistrate. This motion is typically filed if you believe the order was made in error or is unjust.
Would you like to know more about how to file this motion in Ohio?
A "Motion to Set Aside Magistrate’s Interim Order" is a request to the court to nullify or overturn an interim order made by a magistrate. This motion is typically filed if you believe the order was made in error or is unjust.
Would you like to know more about how to file this motion in Ohio?
if the magistrate violated my rights protected under title * of the ADA does this apply?
Case Rating: *
Hey Abby! If you believe the magistrate violated your rights under Title II of the ADA, you can potentially file a motion to set aside the magistrate’s interim order on those grounds. You may need to demonstrate how your rights were violated and how it affected the order.
Would you like more detailed guidance on how to proceed with this type of motion?
Hey Abby! If you believe the magistrate violated your rights under Title II of the ADA, you can potentially file a motion to set aside the magistrate’s interim order on those grounds. You may need to demonstrate how your rights were violated and how it affected the order.
Would you like more detailed guidance on how to proceed with this type of motion?
What does an Objection to Judge’s Decision and
Magistrate’s Order include?
Case Rating: *
Hey Abby! An "Objection to Judge’s Decision and Magistrate’s Order" generally includes:
- A statement of the specific decision or order you are objecting to.
- The reasons for your objection.
- Supporting facts and evidence.
- A request for a hearing if desired.
Would you like more detailed information on how to draft and file this objection in Ohio?
Hey Abby! An "Objection to Judge’s Decision and Magistrate’s Order" generally includes:
- A statement of the specific decision or order you are objecting to.
- The reasons for your objection.
- Supporting facts and evidence.
- A request for a hearing if desired.
Would you like more detailed information on how to draft and file this objection in Ohio?
who would the respondent be when filing an objection to set aside?
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Hey Abby! The respondent when filing an objection to set aside would typically be the opposing party in the case. This is the person or entity that would be affected by the objection.
Do you need more information on how to properly notify the respondent?
Hey Abby! The respondent when filing an objection to set aside would typically be the opposing party in the case. This is the person or entity that would be affected by the objection.
Do you need more information on how to properly notify the respondent?
who would an additional party be?
Case Rating: *
Hey Abby! An additional party in a legal case is typically any other individuals or entities who have an interest in the case or are affected by its outcome. This could include relatives, guardians, or organizations involved in the case.
Is there a specific context or case where you're considering adding an additional party?
Hey Abby! An additional party in a legal case is typically any other individuals or entities who have an interest in the case or are affected by its outcome. This could include relatives, guardians, or organizations involved in the case.
Is there a specific context or case where you're considering adding an additional party?
what does this mean? I am indigent. An affidavit has already been filed in this case, and I request that the transcript be
provided at the state’s expense.
Case Rating: *
Hey Abby! When someone says they are indigent, it means they lack the financial resources to afford certain legal costs. By filing an affidavit of indigency, they are requesting that the state covers specific expenses, such as providing a court transcript for free.
Do you need more information on how to file an affidavit of indigency or how to request a transcript at the state's expense?
Hey Abby! When someone says they are indigent, it means they lack the financial resources to afford certain legal costs. By filing an affidavit of indigency, they are requesting that the state covers specific expenses, such as providing a court transcript for free.
Do you need more information on how to file an affidavit of indigency or how to request a transcript at the state's expense?
how to file an affidavit of indigency
Case Rating: *
Hey Abby! To file an affidavit of indigency in Ohio, you generally follow these steps:
*. Obtain the affidavit form from the court or online.
*. Complete the form, detailing your financial situation.
*. Attach any required documentation (e.g., proof of income, expenses).
*. File the affidavit with the court clerk.
Would you like more specific details on any of these steps?
Hey Abby! To file an affidavit of indigency in Ohio, you generally follow these steps:
*. Obtain the affidavit form from the court or online.
*. Complete the form, detailing your financial situation.
*. Attach any required documentation (e.g., proof of income, expenses).
*. File the affidavit with the court clerk.
Would you like more specific details on any of these steps?
My case is not one of the cases listed below (Criminal, Children Services or Dependency); what does this mean?
Case Rating: *
Hey Abby! This likely means that the affidavit of indigency you mentioned or the process for requesting a transcript at the state's expense doesn't apply to criminal, children services, or dependency cases. These types of cases might have different procedures or guidelines.
Do you need help with any other specific aspect of your case?
Hey Abby! This likely means that the affidavit of indigency you mentioned or the process for requesting a transcript at the state's expense doesn't apply to criminal, children services, or dependency cases. These types of cases might have different procedures or guidelines.
Do you need help with any other specific aspect of your case?
what is a dependency case?
Case Rating: *
Hey Abby! A dependency case involves situations where a child is without proper parental care or guardianship. This can occur due to abuse, neglect, or abandonment. Essentially, the court steps in to ensure the child's safety and well-being.
Do you need more information on how dependency cases are handled in Ohio?
Hey Abby! A dependency case involves situations where a child is without proper parental care or guardianship. This can occur due to abuse, neglect, or abandonment. Essentially, the court steps in to ensure the child's safety and well-being.
Do you need more information on how dependency cases are handled in Ohio?
Motion to Set Aside vs an Objection in a custody case
Case Rating: *
Hey Abby! Here's a brief comparison:
- Motion to Set Aside: Requests the court to nullify or overturn a previous court order based on specific grounds, like errors or rights violations.
- Objection: Challenges a judge’s or magistrate’s decision, arguing that the order was incorrect or unjust based on legal grounds.
Would you like to know the process for filing either a Motion to Set Aside or an Objection in Ohio?
Hey Abby! Here's a brief comparison:
- Motion to Set Aside: Requests the court to nullify or overturn a previous court order based on specific grounds, like errors or rights violations.
- Objection: Challenges a judge’s or magistrate’s decision, arguing that the order was incorrect or unjust based on legal grounds.
Would you like to know the process for filing either a Motion to Set Aside or an Objection in Ohio?
Motion to Remove Magistrate
Case Rating: *
Hey Abby! To remove a magistrate in Ohio, you typically need to demonstrate bias, conflict of interest, or misconduct. Here's a brief overview:
- File a motion with the court providing detailed reasons.
- Include evidence supporting your claims.
- The court will review and decide on your motion.
Do you have specific reasons or evidence for wanting to remove the magistrate?
Hey Abby! To remove a magistrate in Ohio, you typically need to demonstrate bias, conflict of interest, or misconduct. Here's a brief overview:
- File a motion with the court providing detailed reasons.
- Include evidence supporting your claims.
- The court will review and decide on your motion.
Do you have specific reasons or evidence for wanting to remove the magistrate?
can I submit a Motion to Remove Magistrate after a decision was made?
Case Rating: *
In Ohio, you can file a Motion to Remove a Magistrate even after a decision has been made, but it might be challenging. You would need to demonstrate bias, conflict of interest, or misconduct that affected the decision.
Is there a specific reason you believe the magistrate should be removed?
In Ohio, you can file a Motion to Remove a Magistrate even after a decision has been made, but it might be challenging. You would need to demonstrate bias, conflict of interest, or misconduct that affected the decision.
Is there a specific reason you believe the magistrate should be removed?
He violated my right to verbal interpretation protected under title * of the ADA
Case Rating: *
Hey Abby! If you believe the magistrate violated your ADA rights to verbal interpretation, you may have grounds to file a Motion to Remove the Magistrate. You would need to provide evidence of this violation.
Would you like guidance on how to gather this evidence and proceed with filing the motion?
Hey Abby! If you believe the magistrate violated your ADA rights to verbal interpretation, you may have grounds to file a Motion to Remove the Magistrate. You would need to provide evidence of this violation.
Would you like guidance on how to gather this evidence and proceed with filing the motion?
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