Legal Question in Family Law in Ohio
what to do if ex-wife thinks she's God
my husband and I recently took his ex-wife back to court for custody of his son because she won't allow my husband to see him. we,ve had court-ordered visitation after visitation, to which the ex-wife disregards. we've file contempt against her to, which seems to do no good. we didn't win custody, but we got alot of visitation. now she wants to not follow the couRt oRdered christmas visitation. she wANTS TO CHANGE THE DATES SO SHE WON'T BE ALONE FOR CHRISTMAS. WE WOULD LIKE TO HAVE CHRISTMAS WITH HIM AS WELL. OUR QUESTION IS ,IF WE WERE TO AGREE TO LET HER SWITCH OUR DAYS AROUND, WOULD IT MAKE THE COURTORDER NULL AND VOID? ALSO, SHE SAYS SHE COULD MAKE IT SO THAT MY HUSBAND WOULDN'T HAVE TO PAY CHILD SUPPORT IF HE WOULD JUST LEAVE THE CHILD AND HER ALONE. CAN SHE LEGALLY DO SUCH A THING? IT SOUNDS FISHY TO ME.
2 Answers from Attorneys
Re: what to do if ex-wife thinks she's God
Robert W. Cettel
Attorney & Counsel at Law
The Drees Center Suite 175
7265 Kenwood road
Cincinnati, Ohio 45236-4411
Facsimile (513) 731-7245 e-mail [email protected] Telephone (513) 731-3188
Temporary agreements regarding parenting time and "working together" is encouraged by the court and will certainly not nullify a court order. Courts generally will not excuse the duty to support a child.
Based upon the limited facts in your e-mail, I have the following opinion.
My opinion does not create an attorney-client relationship or any other relationship which creates a duty by me to you. My opinion is based upon the limited facts you have presented. Additional facts might affect my opinion. I have not made any investigation of and do not express an opinion as facts and issues not presented. I express no opinion with respect to the effect of any law other than the law of the State of Ohio and the federal law of the United States. I disclaim any undertaking to advise you of changes, which thereafter may be brought to my attention after the date of this letter.
My opinion is also subject to the inherent uncertainties associated with all litigation, including the unpredictability of any litigation outcome and the very present possibility of changes in the Courts, the law and evidence.
My opinion is an assessment ... it is not a guarantee.
Thank you in advance for your cooperation.
Very truly yours,
Robert W. Cettel
Attorney at Law
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Re: what to do if ex-wife thinks she's God
First, switching days by agreement does not make the court order null and void. However, you should make sure that the change is in writing so that you have evidence of it should the former spouse change her mind and deny the holiday visitation altogether.
With regard to doing away with child support, that becomes a matter for court determination. Although the opposing party may be willing to terminate your husband's support obligation, the Court may not permit it.
Thank you for your questions.