David Scott Heier Esq

David Scott Heier Esq

New York Family Lawyer
  • Divorce, Family Law, Juvenile Law...
  • New York, Ohio
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Summary

First 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. Practice in NY and OH.

Practice Areas
  • Divorce
  • Family Law
  • Juvenile Law
  • Estate Planning
  • Probate
  • Elder Law
Fees
  • Credit Cards Accepted
    Also accept PayPal.
Jurisdictions Admitted to Practice
New York
Ohio
6th Circuit
U.S. Supreme Court
Languages
  • English: Spoken, Written
Professional Experience
Attorney
Heier Law Office
- Current
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.
Appellate Defense Counsel
United States Navy-Marine Corps Court of Military Review
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U.S. Marine Corps Reserve duty at the U.S. Navy Yard, Washington, D.C. reviewing trial records and writing appellate briefs.
Special Counsel
Franklin Township, Ohio
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Labor contract negotiator representing Franklin Township in union contract negotiations with Fraternal Order of Police.
Assistant City Attorney
City of Upper Arlington, Ohio
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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
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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.
Education
University of Dayton
M.A. / Philosophy (1979)
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Studied 4 years in a joint-degree program to earn a Master of Arts degree in Philosophy and a J.D. law degree.
Honors: First candidate to complete the advanced joint degree program in Law (J.D.) and Philosophy (M.A.).
Activities: Student teaching undergraduate upper level philosophy course.
University of Dayton School of Law
J.D. / Law (1979)
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USMC JAG prosecutor (summer 1978) Commissioned 2nd Lt USMC (summer 1977)
Honors: First joint degree candidate to complete M.A. in philosophy and J.D.
Activities: Student Representative to the Faculty Academic Affairs Committee (2nd and 3rd year).
University of Dayton
B.A. / English and Political Science (1975)
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Honors: Political Science Honors Fraternity. Dean's List.
Professional Associations
Ontario County Bar Association
Member
- Current
New York State Bar Association
Member
- Current
Activities: Member, Family Law Section
American Bar Association
Member
- Current
Activities: Member, Family Law Section
Ohio State Bar Association
Member
- Current
Activities: Member, Family Law Committee.
Columbus Bar Association
Member
- Current
Activities: Member, Family Law Committee. Member, Juvenile Law Committee. Chairman, Technology Committee.
U.S. Marine Corps Reserve Officers' Association
President (Central Ohio Chapter)
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Columbus Computer Society
Board of Trustees Member
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Activities: Also served as Legal Counsel to the Board.
Common Cause of Ohio
State Governing Board Member
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Activities: Elected to office by state membership.
Certifications
Guardian ad Litem
Supreme Court of Ohio
Websites & Blogs
Website
Website
Legal Answers
42 Questions Answered

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
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Contact & Map
HEIER LAW OFFICE
21 Sly Street
Canandaigua, NY 14424
USA
Telephone: (585) 358-0515
Fax: (585) 358-0515
HEIER LAW OFFICE
175 S. 3rd St.
Suite 200
Columbus, OH 43215
USA
Telephone: (614) 429-1144
Fax: (614) 429-1144