Legal Question in Family Law in Ohio
Hearing for Establishing Parental Rights
I recently filed for a change in custody for my children. Their mother moved out of the area and the kids currently live with me almost full time, with the mother visiting the kids as per standard visitation rules. We have a Hearing to Establish Parental Rights set up, and I am wondering what to expect. Will it be cut and dry since the kids already live with me, and the mother doesn't plan on contesting this?
Also, child support is still being taken out from my paychecks even though the kids live with me. Will that be refunded to me from the date I filed for the custody switch?
1 Answer from Attorneys
Re: Hearing for Establishing Parental Rights
It should go easy as long as mom does not protest. a support order is retroactive to the date of the filing of the motion. However, even though she may agree that the children have been living with you, she still may try for custody. If that is the case you may want to ask for a continuance to obtain an attorney.
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