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Will I lose custody in Ohio if I get deployed?

In this video, Sarah answers the common question of “Will I lose custody in Ohio if I get deployed?”. Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Sarah

Deployment cannot be the basis for a change in circumstances for a child custody modification. The court can issue a temporary order or a temporary modifying parenting provision. This must contain termination provision that terminates 10 days after the deployment of the parent. The deployment must be issued as a reason for the modification. ​

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TIBBS LAW OFFICE
1329 E. Kemper Rd. #4230
Cincinnati, OH 45246
P: 513-793-7544
F: 513-297-7544

 

Will my spousal support be terminated if my spouse remarries?

In this video, Daryle answers the common question of Will my spousal support be terminated if my spouse remarries? Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Daryle
In Ohio, there are no statutes that provide for automatic terminated of spousal support. If a decree specifically includes language that spousal support will be terminated upon cohabitation and/or remarriage, then it can be terminated under those specific circumstances.

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If my decree includes language that allows spousal support to be modified…?

In this video, Daryle talks about “If my decree includes language that allows spousal support to be modified, does the court have to modify it if it is requested?”. Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Daryle
In order to modify spousal support, the Court must find a substantial change in circumstances. If the court does not find a change in circumstances, it does not have jurisdiction to modify the spousal support.

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Can my spousal support order be modified?

In this video, Daryle answers the question of “Can my spousal support order be modified?”. Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Daryle
In Ohio, the court lacks jurisdiction to modify a prior order of spousal support unless the decree expressly reserves jurisdiction to make that modification. You will need to look at your decree and the specific terms of the document to determine if the spousal support can be modified.

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Annulment: Is Sexual preference for the other sex grounds for an annulment in Ohio?

In this video, Sarah continues sharing about Annulment laws. Make sure to LIKE and SUBSCRIBE! Transcript:

Person Speaking: Sarah

No, Ohio takes the stand that just because someone has a sexual preference for another, this does not mean that it affects the marital relations between the parties and is, therefore, not a ground for an annulment in Ohio.

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Annulment: Is Sterility a ground for an annulment?

In this video, Sarah continues sharing about Annulment laws. Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Sarah
Sterility is not the same as impotence and is therefore, not a ground for an annulment in Ohio.

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Motions for Contempt in Custody Cases

Many parents file a motion for contempt or face a motion for contempt at some point during their child’s time as a minor. It is important to know what this motion does and the lasting implications that it can have on your custody case.

What is a motion for contempt and what does it do?

A motion for contempt is a motion asking the court to punish a person for not following an order of the court. Most commonly, motions for contempt are filed when one parent does not turn the child over for the other parent’s time with them. Once a motion for contempt is filed, the court will have a hearing to determine if the parent was actually in contempt of the order. If the parent is found to be in contempt, they can face fines, attorney’s fees, jail time (only in the most serious of cases), and the implications a contempt causes in a custody case.

How does contempt affect a custody case?

A parent found in contempt can be ordered to pay the other party’s attorney’s fees, but even more seriously, it shows the court that this person cannot or is unwilling to follow court orders. Showing the court that the parent refuses to follow court orders is a factor in deciding which parent should be the custodial parent. These factors are used for the court to consider what is in the child’s best interest. Being in contempt of orders shows the court that the parent will likely not honor future orders, which is not something that the court looks favorably upon.

If you need help filing a motion for contempt or if you are facing a motion for contempt that was filed against you, please consult with one of our attorneys. Findings of contempt can have negative implications on your custody case.

Annulment: Is impotence a ground for an annulment in Ohio if…


In this video, Sarah answers another common question about Annulment Law. Make sure to LIKE and SUBSCRIBE! We have new content weekly and as always, we welcome your comments!

Transcript: Person Speaking: Sarah
If one or both of the spouses were under the age of consent at the time of the marriage, if the marriage was unconsummated because of permanent or incurable impotence which was not known at the time of your marriage, or if one party was unable to consent to the marriage due to incompetence or mental capacity, or if the consent to the marriage was obtained through force or fraud. Those types of marriages are voidable in Ohio and are not recognized. You can bring an annulment action on those instances.

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TIBBS LAW OFFICE
1329 E. Kemper Rd. #4230
Cincinnati, OH 45246
P: 513-793-7544
F: 513-297-7544

 

Equal Access: Accessing my Child’s Records

When a parent does not have custody of their child, the custodian of the child can sometimes manipulate other people into believing that the non-custodial parent cannot be involved in certain ways. A common example of this is access to a child’s medical and school records.

Do I have a right to view my child’s medical and school records?

Under Ohio law, a parent has equal access to all records that would otherwise be available to the other parent unless otherwise ordered by the court. In general, a non-custodial parent has every right to access medical and school records as the custodial parent do. So long as there is not a court order saying otherwise, a record keeper may not deny this information to either parent and may be subject to contempt of court if they do refuse to provide this information.

What do I do if the record holder will not turn over the records?

As stated above, a record keeper can be held in contempt if they knowingly refuse to comply with this law. However, the issue may be the custodial parent’s communication with the record keeper. In some cases, the custodial parent will do everything in their power to exert control over the situation, including telling record keepers that the non-custodial parent may not have access to a child’s records. Custodial parents that are feeling vengeful can create difficulties for the non-custodial parent.

If you find yourself in this situation, begin by showing the record keeper a copy of the court order for the child and direct them to any provisions that say there is equal access to records. If this is not enough, you should get your attorney to speak to the relevant parties. Your last resort is to file contempt, usually against the custodian for failing to follow the provisions in the Court order.

 

The equal access law can be found in Ohio Revised Code 3109.051(H).

 

Annulment: What are the grounds for annulment in Ohio?

In this video, Sarah continues sharing about “Annulment: What are the grounds for annulment in Ohio?”. Make sure to LIKE and SUBSCRIBE!

Transcript: Person Speaking: Sarah
Incest – defined as marriage to a first cousin or closer relative – and bigamy or polygamy – defined as having more than one spouse – are both grounds for an annulment. These types of marriages are void and not recognized by the State of Ohio.

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