Family Law Attorney

After child custody has been initially determined, a court may modify the custody order upon a showing that new and material conditions exist which substantially affect the welfare and interests of the child(ren) since the rendering of the initial custody decision.

​Once a Final Order and Decree of Divorce has been entered in a divorce case, certain portions of the final order may be modified by the court upon the petition of one or both parties. The aspects of the final order that may be modified include child custody, alimony, parenting time or visitation, and child support.

​In Ohio, after a divorce matter has been concluded and a Final Judgment and Decree of Divorce has been entered in the matter, an action for a modification of alimony may then be filed by either of the former spouses in order to seek a reduction or increase in the amount of alimony paid by one former spouse or the other.

​Generally, contempt of court refers to an action or actions that disregard or disobey an order of the court or conduct that is disrespectful toward the court. Ohio courts have the power to enforce orders and judgments and maintain order in their immediate presence by virtue of their contempt power. Thus, if your former spouse has failed to comply with the court’s order regarding child custody, child support, alimony, or property division, he or she may be found in contempt of court.

​In Ohio, in instances where the mother and the father were never married, the mother of the child may obtain an order for child support by seeking and obtaining an order establishing the paternity of the child and subsequently the father’s child support obligation. Although a paternity order may establish a father’s duty of support, a paternity order may not award visitation rights or any other rights regarding the child unless the biological father has filed a petition for legitimation or has sought legitimation via a counterclaim in response to the mother’s paternity action.

If the mother and the father of the child were never married to each other, legitimation is the process that a biological father may undertake in Ohio to legally establish a relationship with his child. The purpose of Ohio’s laws regarding legitimation and paternity is to provide a path for a father to establish a legal relationship with his child(ren).

Generally, there are ways that a child’s biological father may go about legitimating that child:

1. Entering into an Acknowledgement of Legitimation with the child’s mother; and
2. Filing a Petition for Legitimation.

In Ohio, Domestic violence is when a family or household member does any of the following:

• attempts to cause or recklessly causes you bodily injury;
• by the threat of force, puts you in fear of:
• immediate, serious physical harm;
• menacing by stalking; or
• aggravated trespass;*
• commits any act with respect to a child that would result in the child being an “abused child” (as defined by law),* which includes mental injury that harms or threatens to harm the child’s health or welfare;** or
• commits a sexually oriented offense.*

* Ohio Rev. Code § 3113.31(A)(1)
** Ohio Rev. Code § 2151.031(D)

Although many have the impression that family violence only includes acts of physical abuse, this is not so. Assault, stalking, trespass, and property damage are also considered family violence according to Ohio law. Thus, if your spouse or partner subjects you to mental, emotional or verbal abuse, you may be a victim of family violence according to Ohio law.

An ante-nuptial agreement, commonly referred to as a prenuptial agreement or “pre-nup,” is a contract entered into by a couple prior to marriage that divides the couple’s assets in case of divorce. Anyone who wishes to protect his or her separate or pre-marital property in the event of divorce should consider entering into a prenuptial agreement prior to marriage
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Postnuptial agreements are similar to prenuptial agreements in that they are legal agreements entered into by both spouses during the marriage that spell out how assets or debts will be divided in the case of divorce or death. Simply, these agreements are prenuptial agreements that are signed during the marriage, not before.

Ohio law recognizes that it is extremely important for children to not only have a relationship with both parents but to maintain a healthy relationship with their grandparents as well. Ohio law allows grandparents to seek and establish a legally enforceable visitation arrangement with their grandchild in certain circumstances. A grandparent may either file an original action for visitation or intervene in an ongoing action that determines the custody of their grandchild (such as a divorce, or modification action) and ask the Court to grant him or her the right to reasonable visitation with their grandchild.