Family law is a term that is often misunderstood.  People sometimes think that a family law attorney is a lawyer that you hire when you want to sue your family.  In a way, that’s true, but family law does not cover every area that might involve litigation between you and your family.  Traditionally, family law includes areas of law that are covered when you marry someone or have a child with them.  Modern family law also includes non traditional families, same sex parents, relative and grandparent custody and more.

Family law is, for the most part, a matter of state law.  That is not to say there is no federal law regarding family law, but it is first, and foremost a matter for the states to decide.  Ohio Family Law is the sum of all the Ohio laws which deal with issues such as:

Abuse Alimony (See Spousal Support) Allocation of Parental Rights and Responsibilities Annulment Antenuptial agreements (see also prenuptial agreements) aka Prenup Appeals Child Support Civil Protection Orders Contempt Change of Custody Custody (see allocation of parental rights and responsibilities) Dissolution Divorce Divorce in Ohio Series Divorce and Business Owners Divorce and Professional Practice Owners (Medical Practice, Legal, CPA, Artchitect, etc.) Domestic Violence Enforcement Father’s Rights Guardian ad Litem Grandparent Rights Hague Convention Cases International Child Abduction (Kidnapping) Interstate Child Support Interstate Child Custody Interstate Divorce Interstate Jurisdiction (UCCJA, PKPA, UIFSA) Jurisdiction Juvenile Court

Legal Separation Mother’s Rights Military Divorce Modify custody, visitation or shared parenting Moving and relocation Never Married Parents Parentage Parental Alienation Parental Kidnapping Prevention Act (PKPA) Parenting Time Paternity Post-decree proceedings Prenuptial Agreements Aka Prenup Relocation Residential Parent Restraining Orders School Placement Parent Separation Agreements Separate Property Shared Parenting (similar to joint custody) Spousal Support Stalking Protection Orders Temporary Orders Affidavits Temporary Order Venue Visitation Uniform Child Custody Jurisdiction Act (UCCJA) Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Uniform Interstate Family Support Act (UIFSA) Unmarried Parents

Ohio family law statutes are contained in the Ohio Revised Code.  The provisions of the Ohio Revised Code which are most relevant to family law are:

• Title [31] XXXI DOMESTIC RELATIONS – CHILDREN
• Title [21] XXI COURTS – PROBATE – JUVENILE, Chapter 2151: JUVENILE COURT

Sometimes federal laws are enacted to provide enforcement of family law matters, such as the Uniform Interstate Family Support Act (UIFSA).   When competing laws of different states are causing conflicts throughout the country, sometimes federal legislation is enacted to provide some predictability among state laws, such as matters of  Interstate Jurisdiction (UCCJA, PKPA, UIFSA), but federal regulation of family law matters is the exception, not the rule.  If you want to know what family law is in your state, start with state law.

If you have been served with papers in an Ohio family law, custody or divorce case, your first thought is probably “What does this mean?  What do I have to do?  Do I need a lawyer?”  There are very few situations where you are absolutely required to have a lawyer.  Most family law cases do not require you to have a lawyer in order to appear and defend your case.  Everyone has the right to defend themselves in court.  However, the question of “Do I need an attorney?”  is a very different question from “Can I afford not to have an attorney?”   Most of the time the law is complicated, and people without an attorney have a hard time presenting their evidence.  But if you know you cannot afford an attorney, then you should show up and let the court know you want to defend yourself.  If your case is one of the few situations where you are absolutely REQUIRED to have an attorney, the court will tell you.

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!