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Frequently Asked Questions Regarding Family Law.

Do you need more information about your family law issues?


What are the different child custody arrangements available?

Ohio allocates rights to parents in two different ways.

The first is Sole Residential. The child lives with one parent day to day and that parent handles all details related to raising that child. The other parent has visitation rights. The second is Shared Parenting. Parents share custody and the children live with both parents on an agreed upon schedule. This arrangement does not ensure equal time with both parents. - It is the decision of the courts to award either of these options, and both are considered joint legal custody. Joint custody means that both parents are responsible for ensuring health, education, and administering religious decisions.

parental rights in dayton ohio

How do you assert your rights as an unmarried father?

Unmarried fathers will be treated differently than married fathers.

In Ohio unmarried fathers must establish paternity and establish their parental/custodial rights through a filing in juvenile court. Even after paternity is established, an unmarried father has no legal custodial rights until action is taken in juvenile court. Paternity should be established early so that your rights are not forfeited via adoption by a step parent or another action.


How is child support determined?

Guidelines exist for determination of child support obligations.

Gross income is the determining factor for child support. Income is considered to be the following items: wages, salaries, overtime and bonuses, tips, royalties, commissions, rents, severance pay, rental income, pensions, interest, annuities and trust income. Spousal support received from an individual who is not a party to the support proceeding as well as disability insurance benefits, workers’ compensation, unemployment, social security benefits, veteran’s benefits; and all other sources of income. Exempted forms of income include EBT beneifts, welfare, Social Security payments, and specific service-connected disability payments. Child Support begins at birth and lasts until the child is at least 18 years old or is emancipated or married. Special circumstances exist that could effect the amount or length of payments.


During a divorce, how is property division determined?

Consider what equitable distribution, marital, and separate property means.

Equitable is what is considered to be fair - versus even or equal. Many factors determine what that distribution will mean including marriage length, assets and liabilities of each spouse, tax liabilities, among other items. Martial property is that which you and your spouse acquire during your marriage. Separate property is that which you bring to the marriage, that was acquired before the union took place.