Tag Archives: attorney fees

Can I Leave the State with my Child?

Often, people want to know whether they can leave the state with their child during or after a divorce.  Like many answers to legal questions, a good attorney will tell the client, “it moving_w_childdepends.”  Here is a very brief overview of the law and considerations.

Prior to the Divorce Process

If the two parents are still married and there has not been a complaint for divorce filed in any court of this state, Ohio law states that parents stand on equal footing as to custody of the children, and that both parents are considered the residential and legal custodian of the children.  This means that yes, technically, there is no crime involved for taking the children and moving to another state.  As a legal custodian, the parent that wants to move certainly can determine where and with whom the child shall reside.

However, it should be noted that while a parent that is the legal custodian of the children can move and relocate with his or her children, this fact may in fact impact a court’s later determination on how to allocate parental rights and responsibilities (custody and parenting time/visitation).  Some of the factors that a court is to consider is whether a parent is or is planning to establish a residence outside of Ohio, whether a parent is more likely than the other to facilitate and promote visitation, and finally, whether the other parent has been guilty of parental kidnapping.  Please note that although no criminal charges will follow, taking the children out of state may be considered “parental kidnapping.”

During the Divorce Process

When the parents are not yet divorced, but a complaint for divorce has actually been filed in an Ohio court, there still has not been a FINAL allocation of parental rights and responsibilities.   However, unless the parents are still residing in the same household, the Court will issue temporary orders as to custody and visitation.  The Court will normally award one parent the interim temporary custody of the children during the pendency of the case.  If the parent that was not designated as the temporary custodian takes the children, then that parent will be guilty of contempt of court for violating a valid court order.

Furthermore, it is very common and routine for both parents to seek and obtain temporary restraining orders during the pendency of the case.  Normally these restraining orders prohibit a parent from removing the children from the state of Ohio, except for vacations of 14 days or less.  Again, if the non-residential (temporary) custodian removes the children to another state, that parent will be in violation of a valid court order.

If a parent believes it is necessary to move to another state, that parent will have to file a motion requesting the court allow that parent to do so.

Again, this is a very brief sketch as to this subject and it cannot be urged strongly enough that any parent that wants to move out of Ohio consult an attorney to ensure that it will not negatively impact that parent’s case for custody or subject him or her to civil or criminal penalties.

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Interim custody, attorney fees, spousal, and child support while a divorce case is pending in an Ohio Court

house_divorce_boat It is often the case that a couple that is going through a divorce has one of the spouses move out of the home, leaving the other spouse with primary custody of the children.  The vacating spouse is often the breadwinner of the home, however (after all, he or she has the funds to rent an apartment during the course of the divorce action).  This can leave the remaining spouse in the home with the children and no source of (or not enough) income to continue to run the household and properly care for the children.  So, what is that spouse to do?  One answer is to file a motion with the court requesting that the other spouse be required to pay monthly child support until the final divorce decree is filed with the court.

This temporary child support is but one example of “interim orders” that the court is empowered to issue while the divorce case is proceeding through litigation and until there is a final resolution to the case.  Other interim orders that the court may grant include: (1) Temporary spousal support; (2) award one spouse sole occupancy of the marital residence; (3) award interim attorney fees for one of the spouse to be paid by the other spouse, among others.  Therefore, when you speak with your attorney, be sure to bring up all financial concerns that you may have with filing for divorce and there may be a remedy available.

Brought to you by the Ohio law offices of Morrison & Nicholson.  Call today for a free consultation (937) 432 – 9775.


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Ohio landlord retaliation law

5321.02 Retaliatory conduct of landlord prohibited.

(A) Subject to section 5321.03 of the Revised Code, a landlord may not retaliate against a tenant by increasing the tenant’s rent, decreasing services that are due to the tenant, or bringing or threatening to bring an action for possession of the tenant’s premises because:

(1) The tenant has complained to an appropriate governmental agency of a violation of a building, housing, health, or safety code that is applicable to the premises, and the violation materially affects health and safety;

(2) The tenant has complained to the landlord of any violation of section 5321.04 of the Revised Code;

(3) The tenant joined with other tenants for the purpose of negotiating or dealing collectively with the landlord on any of the terms and conditions of a rental agreement.

(B) If a landlord acts in violation of division (A) of this section the tenant may:

(1) Use the retaliatory action of the landlord as a defense to an action by the landlord to recover possession of the premises;

(2) Recover possession of the premises; or

(3) Terminate the rental agreement. In addition, the tenant may recover from the landlord any actual damages together with reasonable attorneys’ fees.

(C) Nothing in division (A) of this section shall prohibit a landlord from increasing the rent to reflect the cost of improvements installed by the landlord in or about the premises or to reflect an increase in other costs of operation of the premises.

Posted in Landlord Tenant | Tagged | 1 Comment

Troy Disability Attorney

 

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BLANK 48.216038, 16.378984

The John T. Nicholson Law Offices: Troy Office is located at 22 North Market Street, Troy, OH and is by appointment only. Please call (937)524-5922 for a free consultation or to schedule an appointment today. 

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Troy Ohio Disability Attorney Office 40.040545, -84.202823

 

Ohio Office Locations:

 

 Dayton * Cincinnati * Columbus * FranklinPiqua *

Troy * Xenia * Springfield *

 

All other states call 1-800-596-1533

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Springfield Disability SSDI Attorney

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BLANK 48.216038, 16.378984

The Law Office’s of John T. Nicholson’s Springfield office is located at 150 North Limestone Street #217, Springfield, OH and is by appointment only. We are located on the second floor of the post office building downtown Springfield. Please call (937) 325-8500 for a free consultation or to schedule an appointment today. 

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Springfield Disability Lawyer 39.926403, -83.808176

 

Ohio Office Locations:

 

 Dayton * Cincinnati * Columbus * FranklinPiqua *

Troy * Xenia * Springfield *

 

All other states call 1-800-596-1533

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