Child Custody – Page 7

Help! My ex won’t list me as a contact at my child’s school, or pediatrician! My ex won’t give me copies of our child’s report card, soccer schedule, medical insurance card, etc. …

December 17, 2008

A Columbus Ohio Child Custody Attorney article about your right to obtain school or medical records and information about your child.

This is a complaint that family law attorneys hear often, regardless of whether parents live across the street from each other or across the country. In Ohio, unless a court finds it is not in the child’s best interest for reasons such as domestic violence, both the residential and non-residential parent are entitled to school, medical and day care records access. This is true whether you have visitation only, shared parenting, or sole custody. This means you have the RIGHT to receive those documents.

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Ten Things To Expect At Your First Ohio Child Custody Hearing

November 19, 2008

An Ohio Child Custody Attorney article about what to expect at your first Ohio child custody hearing.

In Ohio child custody cases, you are not required to be represented by an attorney. It is possible to represent yourself in these matters, but you may be disadvantaged. An attorney can provide you with legal guidance, help you make strategic decisions regarding your Ohio child custody situation, be an advocate for you and your Ohio parental rights, and provide you with an insight to the Ohio child custody process that has developed through years of experience in the Ohio domestic court system. The decision whether to hire an attorney to represent you in your child custody case is ultimately up to you, but here are ten things that you should expect at your first Ohio child custody hearing.

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10 things you need to know about the UCCJA / U.C.C.J.A. , UCCJEA / U.C.C.J.E.A. , the PKPA / P.K.P.A. , emergency custody jurisdiction, and interstate custody jurisdiction

October 18, 2008

A Columbus Ohio Custody Lawyer article re child custody jurisdiction AND UCCJEA.

Most U.S. States have now adopted statutes which make the UCCJEA ( Uniform Child Custody Jurisdiction and Enforcement Act ) the law regarding custody jurisdiction in their state.
Most states have now repealed UCCJA, ( Uniform Child Custody Jurisdiction Act ).
Federal law trumps state law.
The PKPA ( Parental Kidnapping Prevention Act ) is a federal law.
The PKPA says that jurisdiction to make an initial (first) custody determination must be made in the child’s home state, unless the child has no home state.
The term “home state” is legally defined in the PKPA and the UCCJEA.
The PKPA also says that if a child has a home state, and a state which is not the child’s home state makes an initial custody determination, that custody determination is NOT entitled to full faith and credit in other states. That means that other states do not have to honor that custody determination because it violates federal law. (Remember, federal law trumps state law.)
The UCCJA used to cause a lot of problems because it had a loophole which allowed parents to compete over whether the child’s home state should have jurisdiction, or whether a state that has “significant connections” should have jurisdiction over an initial custody determination. This was a contradiction with the requirements of federal law (PKPA). Remember, federal law trumps state law. So the UCCJEA was enacted and adopted as law in most states, closing the loophole. Home state jurisdiction wins, but only for an INITIAL custody determination. Modifications are different.
Jurisdiction under the UCCJEA is SUBJECT MATTER JURISDICTION, and can never be waived. It can be raised for the first time on appeal. Just because a state has or obtains PERSONAL JURISDICTION over a person, does not mean that the state has SUBJECT MATTER JURISDICTION to make an initial custody determination.
Any state can still exercise EMERGENCY custody jurisdiction over a child, even if it is not the child’s home study. Emergency jurisdiction is different.

DISCLAIMER

Ohio Child Custody Part 1

September 25, 2008

Ohio custody is not a simple process. Hopefully this article will provide you with a roadmap through the process. The first question you have to look at is…

Were the parents married when the child was born?

The first issue that must be determined, according to Ohio law, is whether the parents of the child were married when the child was born. Whether the parents are married determines which laws govern the allocation of parental rights and responsibilities. The term “allocation of parental rights and responsibilities” comes from the Ohio Revised Code. In plain english, it means the division of parental rights and responsibilties. Time with your child is a parental right, and support of your child is a parental responsibility. The term “allocation” is more accurate than the word “division” because most rights and responsibilties apply equally to both parents, rather than one parent or the other. For example, it is the responsibility of both parents to supervise and support their child, whether the parents live together or not.

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

CHILDREN BORN DURING A MARRIAGE

If the parents of the Child were married when the child was born, then Ohio Law presumes that the mother’s husband is the Father of the Child. This is a rebuttable presumption, which means that it is only legally true until a court or administrative order determines that it is not true. Generally, this is done by paternity testing (DNA testing).

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RIGHTS OF OHIO UNMARRIED MOTHERS

Ohio Revised Code 3109.042 provides that 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.

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RIGHTS OF OHIO UNMARRIED FATHERS

In Ohio, unmarried fathers have no rights at all until they prove they are the Father of the Child (paternity). The Law takes this perspective – it is obvious who the Mother is if the Child was born in a hospital – the Mother was present and the doctors and nurses saw her give birth. But, any man could be the child’s Father. So, the Law requires the Father who is not married to the Mother (and thus not protected by the legal presumption of paternity), to legally establish paternity before they have visitation, shared parenting or custody of their child.

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

PUTATIVE FATHERS

Q. What if an unmarried or married man had sex with an unmarried woman and he wants to preserve the OPTION to have Father’s Rights, but he is not sure that he wants to be involved in the child’s life?

A man who has had sex with a woman in Ohio, and wants to preserve his rights in case a child is conceived, must register with the Ohio Putative Father Registry (1-888-313-3100). Even fathers under the age of 18 may register with the Ohio Putative Father Registry.

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

For more information about the Ohio Putative Father Registry, and the deadline to register in order to preserve a father’s right to be informed before a child is adopted, see the Father’s Rights web page of our site:

https://cornwell-law.com/answers/fathers-rights-learn-about-fathers-rights-to-visitation-in-ohio/

For additional instructions regarding how to register for the Ohio Putative Father Registry, click here.

IT IS IMPORTANT TO REMEMBER that sometimes, when children go into the custody of Children’s Services, the parental rights are terminated without the Ohio Putative Father Registry ever being checked. There have been cases where fathers appealed this decision, and the court did NOT overturn the adoption. So, while registering with the putative father registry provides SOME protection, it is not fool proof. The only fool proof way to preserve a father’s rights is to get them established by a court and exercise them responsibly.

Virginia Cornwell is an Ohio Child Custody Lawyer who also practices in , visitation, shared parenting, paternity, never married parents, married parents, and the process of obtaining custody in Ohio. To see the remainder of the Custody in Ohio series, click the links below

Residential Parent and School Placement Parent

September 18, 2008

A Columbus Ohio Custody Lawyer article about the meaning of residential parent and school placement parent in Ohio.

What does it mean to be the “residential parent“? In Ohio, the answer to this question depends on a couple of things. (Yes, I’m sure you’re shocked that a lawyer answered a question with the phrase “it depends”, but just stay with me here…)

First, the definition of residential parent depends on what type of ORDER the word “residential parent” is included in.

In SHARED PARENTING, both parents are residential parents, and one parent is the school placement parent. The SCHOOL PLACEMENT PARENT is the parent that is the child’s home base. The school placement parent is also the parent who is entitled to receive full guidelines child support unless the court orders a child support deviation. Sometimes attorneys and even the court will tell the parties that the school placement parent is only significant when deciding what school the child will attend. Given that the school placement parent’s home is considered the child’s home, and that the school placement parent is the parent entitled to receive child support, clearly the designation of the school placement parent is more important than which parent attends the highest ranked school district.

In Ohio, cases where there is only one residential parent and no shared parenting decree, the RESIDENTIAL PARENT is the parent who has what is commonly referred to in Ohio as sole custody (or full custody, legal custody. Some states also use the term physical custody.) If one parent is the residential parent, that parent has almost all of the LEGAL RIGHTS regarding the child. They are the decision maker for all major decisions, it is much easier for them to convince a court to allow them to move and more difficult for the other parent to get a child support guidelines deviation.

DISCLAIMER