David Scott Heier Esq
Heier Law Office
About David Scott Heier EsqFirst practiced law as a Judge Advocate in the U.S. Marine Corps for three years gaining extensive trial advocacy experience. The next two years I worked as the Assistant City Attorney for a suburban city in Franklin County working exclusively in all areas of Ohio municipal law. At the end of that time I entered private practice serving the needs of clients in a wide number of legal areas adding to my breadth of legal experience and knowledge. My practice is now limited to Family Law matters and Divorce.
Directory Practice Areas
- Family Law
- Juvenile Law
Jurisdictions Admitted to Practice
|U.S. Claims Court|
|U.S. Court of Military Appeals|
|U.S. Supreme Court|
|U.S. Tax Court|
|Guardian ad Litem (Supreme Court of Ohio)|
|Attorney, Heier Law Office|
|Private law practice concentrating on divorce, family and juvenile law. Practice includes divorce, dissolution, separation, child custody, visitation, shared parenting, spousal support, enforcement and modification of court orders.|
|Assistant City Attorney, City of Upper Arlington, Ohio|
|Drafted new laws for consideration and passage by the city council to ammend or modify the city's municipal code. Researched and drafted legal memorandum for the city manager and other administrative department directors and city council. Drafted and reviewed city contracts and legal documents. Provided legal advice to the city council and administration. Represented the city in labor negotiations with the police and fire fighters unions. Created the city's first mediation program for neighborhood disputes.|
|Staff Judge Advocate, United States Marine Corps|
|Defense Counsel representing marines and sailors in General and Special Courts-Martial. Also represented clients in Navy-Marine Corps Administrative Discharge Board hearings. Served as legal counsel for service members, dependents and retired personnel in divorce and family law matters in California state courts.|
|University of Dayton School of Law - University of Dayton||J.D. (1979)||Law and Philosophy|
|Honors: First joint degree candidate with M.A. in philosophy and J.D.|
|Activities: Student Representative to the Faculty Academic Affairs Committee (2nd and 3rd year).|
|Details: USMC JAG prosecutor (summer 1978) Commissioned 2nd Lt USMC (summer 1977)|
|Appellant Defense Counsel||United States Navy-Marine Corps Court of Military Review||1990-1992|
|Details: Reviewed General and Special Courts-Martial. Drafted and filed appeals.|
|Member, American Bar Association|
|Activities: Member, Family Law Section|
|Member, Ohio State Bar|
|Activities: Member, Family Law Committee.|
|Member, Columbus Bar Association|
|Activities: Member, Family Law Committee. Member, Juvenile Law Committee. Chairman, Technology Committee.|
- Overall: 43rd
- Overall: 42 Answers
- This Year: 10 Answers
Q. Father passed and there is a will and leaving everthing to 4 of us and only 3 have been allowed any access to house.
A: A Will is used to distribute property and also to appoint an executor to carry out the terms of the Will. The executor is the one who is in control of distribution of property and the payment of debts. If this is a Will that is being probated, then a complaint to remove the executor can be filed if the executor is mishandling the property. The court schedules a hearing and will determine the outcome.
Q. Does permanent legal custody give us the right to change the childs last name to ours? Filing under ORC 2151.42
A: When permanent legal custody is granted, the biological parents in this situation lose all their parental rights. The legal parents can petition the Probate Court for a name change.
Q. If the parents have shared parenting, and the father is asking for a paterity test, does the child have to go to dads?
A: If parents have shared parenting, then the parties must follow the shared parenting plan that was filed with the court. Once a man admits paternity and then is granted shared parenting, a paternity test is little bit late and will not be granted by the court.
Q. How can a magistrate remove a child on the basis of what someone believes?
A: A juvenile court magistrate can remove a child from the home of a parent if there are allegations of child abuse, child neglect or dependency. When a complaint is filed with the court by child protective services, it is based upon allegations and facts that, if believed, would endanger the health or welfare of a child. At the first hearing, the court must make a decision of whether to remove the child immediately, while the court proceeding continues for the next 90 days, or to leave the child in place. It is not a trial at that point so it is not based upon an evidentiary hearing. The decision can be appealed to a Judge of the court as objections to the magistrate's decision. The immediate removal of a child is a grave decision, but sometimes it is necessary. Each case is different.
Q. In the state of Ohio does the unmarried mother automatically have custody of the children?
A: Upon birth of a child born to a mother who is unmarried, the mother has sole and exclusive custody. If a mother abandons the children for a significant period of time by leaving them with the father who is acknowledged on the birth certificate, the mother could be in a situation where court action is necessary for the return of the children. Generally, a child cannot be enrolled in a school by a unmarried father unless he has legal custody. Such a situation requires a private consultation with an attorney.
Q. Do parents with joint custody have the right to keep children away from exspouse significant others (boyfriend/girlfrien
A: If an x-spouse cannot be reasoned with, then being in a relationship with the other spouse will be challenging. There is no magic legal document that will fix this. An x-spouse has a legal right to be mean, despiteful, vengeful, demanding, and controlling. BUT, an x-spouse cannot legally dictate how the other lives their life. An ex does not have legal veto power over what girlfriend or boyfriend the other can see.
Q. My ex has full custody and our son wants to be with me, what can I do?
A: When a child reaches an age old enough to exhibit the ability to make sound decisions with sufficient maturity, then that is probably a good time to file a motion to modify custody.
Q. Which takes priority the legal separation agreement or divorce decree
A: When a Decree of Divorce is signed by the Judge and filed with the clerk, the case is ended. If the divorce ended by agreement of the parties, the divorce decree will indicate that a divorce is granted to both parties. Usually, the grounds are incompatibility. The divorce decree can include specific terms of the divorce, or it can incorporate a separate document such as a legal separation agreement. The separation agreement must be filed with the decree and the terms in the agreement become the terms of the divorce. If the parties signed a separation agreement that has never been filed with the court and the a divorce decree has been signed and filed with the court, the case is over and the documents filed with the court are the only ones that have any legal authority.
Q. Can i go to the clerk of courts to receive the case designation sheet and parenting proceeding affidavit for a divorce.
A: The clerk of courts in your county receives all the filings for divorce. If the clerk or the Domestic Court has a website, you might be able to download the forms that you need. If not, the Ohio Supreme Court website has standard forms that are accepted by all counties. www.supremecourt.ohio.gov