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Posts tagged "parental rights"

Parental Rights

I often get asked what parental rights parents have when they are married, unmarried or have a child support order in place.  These are the common questions and the answers to those questions.   What is a putative father?   A putative father is a man who may be a child’s biological father but who is not married to the child’s mother at the time the child is born or who has not established paternity of the child in a court or administrative hearing.   Does a putative father have parental rights?   (more…)

Notice of Intent to Relocate

What is a notice of intent to relocate?  It is a provision that is most likely tucked away within an order allocating parental rights and responsibilities, including divorce decrees, dissolution decrees, and legal custody orders.  It is a provision that is often overlooked.  If a residential parent moves, that parent must notify the court when he or she moves.  If one parent does not know where the other parent lives, they may become anxious about where their children are during that other parent’s parenting time.  This could lead to one parent employing various methods to respond.  Such methods may include methods that may not be permissible, such as withholding visitation.  That parent may also decide to call the police or file a motion in court to have custody changed, all because that parent simply did not know where their children were at during the other parent’s parenting time. (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…)

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…)

Divorce

While a dissolution starts with an agreement, a divorce is filed due to differences between the parties on one or more of the major issues, which include property division, spousal support and matters regarding the children. Once a divorce is filed, the court will usually issue temporary orders.  Such temporary orders generally consist of restraining orders, allocation of parental rights and responsibilities, child support, and spousal support. An experienced divorce attorney can help people decide whether to pursue a dissolution or a divorce.