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Posts tagged "Ninth District Court of Appeals"

Ohio Will Changing Mental Capacity

In 2016, the Ninth District Court of Appeals decided that a person under legal guardianship can execute a valid will, ruling on Ohio will changing mental capacity.  Even more notable are the reasons: he suffered from schizophrenia, post traumatic stress disorder, had a low IQ and was a frequent drug user.  Using traditional analysis, the court determined that he had the capacity to execute a will. 

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Filler Weight Is Included In Drug Cases

Filler weight is included in drug cases. Believe it or not, it is illegal to possess and sell fake drugs in Ohio.  Fake drugs are officially referred to as counterfeit controlled substances.  While a controlled substance is usually part of a class of illegal or strictly regulated substances, a counterfeit controlled substance is a non-controlled substances that a reasonable person would believe to be a controlled substance because of its similarity in shape, size, color, markings, labeling, packaging, distribution, or price.   (more…)

What Is A Legal Custodian In Ohio?

What is a legal custodian in Ohio?  There are a number of sources that explain this term.  Essentially, this is the person with the rights and obligations to care for a child.  Ohio law provides further guidance:

Legal Custodian In Ohio Definitions  

  The Ohio Administrative Code defines “custodian” as “a person having legal custody of a child or a PCSA, PCPA, or Title IV-E agency that has permanent, temporary, or legal custody of a child.”  The code also defines “legal custody” to mean “a legal status vesting in the custodian the right to have physical care and control of the child and to determine where and with whom the child shall live, and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, education, and medical care, all subject to any residual parental rights, privileges, and responsibilities.”  Finally, the code also says that an “individual granted legal custody shall exercise the rights and responsibilities personally unless otherwise authorized by any section of the Revised Code or by the court.” (more…)

Child Support Obligation Definitions

Ohio Revised Code § 3119.01, commonly referred to as the Calculations of child support obligation definitions or just plain  Definitions, contains a wealth of information about child support.  Not only does this section include definitions of “child support order,” “obligee,” “obligor,” and  “gross income,” but it also sets forth the factors for imputed income.  Here is Ohio Revised Code Section 3119.01, which contains child support obligation definitions, in its entirety, without any editing:

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Everything You Wanted To Know About Child Support

Everything you wanted to know about child support but were afraid to ask is right here.  Just about.  Putting everything in would fill books.  Maybe, this should be called a quick look at what you need to know about child support. Anyway, here goes.
If a child’s parents are separated from each other, chances are that a child support order is either in place or can be put in place.  Child support may also be ordered when the parents are in divorce, dissolution of marriage, paternity and legal separation cases.  A child support award can originate or be modified through the county’s Child Support Enforcement Agency (CSEA), domestic relations court or juvenile court.  In Medina County, child support is usually awarded in the Medina County Domestic Relations Court.  Summit County is the same, as it also has moved all of its parentage and/or paternity cases to the Summit County Domestic Relations Court.   A Summit County attorney or Medina County attorney would file for child support in domestic relations court, regardless of whether the case was a dissolution, divorce or paternity action.  However, Wayne County has not moved its parentage and/or paternity cases to domestic relations court.  A Wayne County attorney would file for child support in Wayne County Juvenile Court in a paternity action.  That same Wayne County attorney would still file for child support in Wayne County Domestic Relations Court in a divorce or dissolution. (more…)

In Children Services Cases Legal Custodians Have Parental Rights

In children services cases legal custodians have parental rights.  Recently, the Ninth District Court of Appeals determined that, when a children services agency files a complaint against a legal custodian that can lead to temporary or permanent custody, the legal custodian has many of the same rights afforded to parents. In this case, a children services agency took permanent custody of a child from her grandmother who had legal custody of the child at the time the child was removed from her care.  The trial court granted the grandmother some, but not all, the protections and rights granted to parents under Ohio law.  As a result, the children services agency was granted permanent custody of the child. (more…)