Legal Question in Family Law in Ohio

Sister in law has custody

My wife was killed in an auto accident in Oct. 1999 and we had 3 children together. The oldest lives with me and I signed over custody for the other 2 to my wife�s sister. They have been living with her and her husband since Sept. 1999. The 2 children live in Ohio, the other child and I live in Florida. A hearing for child support was never held.

Now the husband has informed me that he had a ''bad year'' in his construction business and he has decided to seek child support payments including arrearages. Together they both make a very good income (over $100,000.00 yearly) amounting to approximately 4 times my annual salary.

There was a wrongful death suit filed, in the settlement they were awarded $48,000.00 earmarked for the provision of shelter and care of the 2 children in their custody.

I was wondering which states laws would apply, my rights under the law and what to expect from the court in a support hearing?

If I were to seek custody and thus awarded, could they be ordered to produce the remaining pro-rated balance of that settlement to me since I would then become the one to provide shelter and care for the two children?


Asked on 3/21/02, 8:52 am

1 Answer from Attorneys
Sanford Martin Martin Law Office

Re: Sister in law has custody

Law of the state of residence of the children would apply. Any child support would be based on needs of the children and the relative incomes of you and their residential parents or guardians. It doesn't appear that, in view of the funds awarded for the children, that there would be a strong case for a court to award significant child support. Whether you have a case for custody is difficult for me to answer, but if you have given up custody to another, you would need a very good reason to now assert custody.

Read more
Answered on 3/21/02, 1:35 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Ohio