Kelly, is a true power house attorney. Kelly started as the paralegal on my case and she was very attentive with making sure she gathered all necessary details leading up to every court date. My custody battle lasted for 2yrs but Kelly was there with
me every step of the way until she became my attorney over the case. She was more than prepared to take it trial. She was firm with opposing counsel with getting stuff done and getting me a good outcome on my case. Couldn't have asked for a better person to represent me in court. I will be her forever client.
A: If he filed a pleading and you've responded, the court will set it for a hearing. At that preliminary hearing, and if he shows up, you should make it known to the judge on the record that you believe the address he used to file is not correct, and order him to produce his correct address right then and there. If he states that WAS his address, ask him why he refused service from the court. If the certified mail came back unclaimed/refused, reissue through the clerk's office by ordinary mail (Civ. R. 4).
Your question is "can his case trump mine" -- but these are two different concerns. Child support and custody, while related, are treated as different situations by the
court, and in some counties, will be handled by two separate magistrates for that reason. Whether he is paying child support or not does not entitle him to custody, and whether he's a good parent or not does not calculate into child support amounts or arrearages. As to parenting time and custody, you're going to have to show the court that you're more suited to be the custodian of the child using the factors in R.C. 3109. If there's a prior order with those findings, you aren't asking the court for anything they haven't already ordered.
As to child support, he will be on the hook for his arrearages and support payments unless you consent otherwise, or unless the court finds a "substantial change in circumstances." An attorney in your particular county will be able to guide you further, and you should talk with someone as soon as you can. ... Read More
A: That is actual kidnapping. Have you made a police report? Are there any arguments on your parents’ side regarding the well-being of the child while in your care? You should speak with a custody attorney right away.
A: According to the UCCJEA referenced by Mr. Kotler, the child's "home state" is where the child has resided for the past six months or more. You did not mention whether the child is with you or with her father, but if the child is with you, wait the six months and then you may file. It is worth consulting with a local attorney in your county, because custody filing requirements can vary regarding the required paperwork and information you will need on-hand prior to filing. Many attorneys will consult at no charge, and it is worth it for your peace of mind. Best of luck to you.