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#159107 - 10/29/06 04:58 AM Who knows the law in Ohio?
bel Offline
recently joined

Registered: 10/23/06
Posts: 14
Loc: Pa
My kid's Dad moved them out of the state of Ohio without notice to the courts or myself. It has been over a year now that they have lived in Pennsylvania. Which I live in Pa also but not close to them infact we're further away from each other then when they lived in Ohio. I was wondering if anyone would know what the statue of limitations are on a matter of contempt of this kind? can I still go for contempt? Thanks

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#159108 - 11/02/06 03:41 AM Re: Who knows the law in Ohio? [Re: bel]
Cheryl_D Offline
newbie

Registered: 06/13/05
Posts: 35
Well, I'm back. I hope I do not bore you. As far as this question is concerned,I have a few questions. Do you know where your children live in PA. As far as residency is concerned, it takes six months to establish residency from state to state. And this is where I have my thinking. If you know where the children live and he has had them here in PA beyond the six months to establish residency, he may just file a fewpapers and be free and clear, but, after dealing with Ohio, if you don't know where they are, he has not filed papers, you mail a certified letter to his last known Ohio address, the courts recognize his vacating the custody order, file both a contempt and a modification to petition the courts for transferring of custodial parent anfd child suppot, tax exempt etc. I was told contempt can be filed until the last day that the youngest child turns 18 or what is stated on the order. I almost lost my children because he put an address on his paperwork that did not exist....anywhere, but close enough to have the server down a private drive. My family asked him if he was lost. And he was. He couldn't find a certain house address. After I was served by just approaching the lost server, I found out that if I had not been served at all, my ex with Ohio jurisdiction, (Which is what you have), after thirty days waiting period, would have proven that I vacated the custody order,which meant that I would have violated the order and he would then be granted full custody of both boys, tax credits would have changed and I would be paying child support.This was the papers his attorney drew up to have me served to prove my vacating. Having the server(a third party to say"I tried to get the papers to him, but there was no one on the premises by that name....a witness to his vacating) If you have no contact,if you do not know where they are, and he vacated the order, prove it to the courts. I have learned that Ohio and every state that I have heard from allows compromise but one cannot walk away from the order. Ohio orders state on the last few pages that both parties must inform the courts if there is a change of address. penalty by fine or imprisonment.I have never heard of a statute of limitations on acts commited against the custody order. Contempt is contempt until the children are released by age 18 or 19 based on the age of the child at graduation or 21 if the order represents a disabled child. And I have also found that if you ask any attorney about any area, you get one answer with little or no offered information. I know for my case, I am even having a hard time finding an attorney in PA that affiliates with attorneys in Ohio to modify my case and get a change of venue into PA. Most here say, "The [censored] I have over there only deals with property and taxes.

Also, it sounds like parent alienation if they are even further away....how hard that must be for you. You need to know more than what the two states codes are, your disability does not make who you are, I know from my experiences, I made a promise to myself for the sake ofmy children, I may not be able to run, play football,etc, but I am not going to let my disability cheat the children or myself from being the best parent I can be. And I like being their mother, and if I have to do it from a wheelchair, I will do my best to in turn help them be their best. You are not less because of your accident. You are more. You have more depth of understanding how to get up off the ground than most. My favorite little saying when I feel as though I am falling all over again is....all men fall, the great one get back up. Today, after learning how to walk again,I walk with a seventeen pound pole in my left leg, a prostetic in my left elbow and I have three blown discs in my back. 1 thoracic and 2 lumbar. It took seven surguries to get me to stand a whole year and a half in a wheelchair. And from that chair, I cleaned the house, did the laundry, cooked the meals, shopped for the groceries and had the baby I was pregnant with when I had my accident. I would stroll him and his disabled brother in a double stroller everyday with me pushing them from a wheelchair. All the while, believing I was weak. All I can say is. Be kind to you. You may be disabled in the eyes of the courts, but in the eyes of your children, you are parent and you have rights.

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#159109 - 02/11/07 10:48 PM Re: Who knows the law in Ohio? [Re: Cheryl_D]
ladypep Offline
recently joined

Registered: 02/11/07
Posts: 6
What if you are going through a divorce and disabled?? I have 3 children and a wife who has filed for divorce. I am not working and not receiving any unemployment, have suffered a stroke and do not have use of my right side. The judge has ordered I pay child support and the bills for the home.l I don't have an attorney...she does...and i need HELP and advice....someone...help me!

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#159110 - 02/11/07 10:49 PM Re: Who knows the law in Ohio? [Re: ladypep]
ladypep Offline
recently joined

Registered: 02/11/07
Posts: 6
I also had a heart attack and have a stent in me......depressed..etc....help me. how do i get legal aid at no cost? How can I be expected to pay when I have no money????

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#159111 - 02/23/08 08:25 PM Re: Who knows the law in Ohio? [Re: ladypep]
dea Offline
recently joined

Registered: 02/23/08
Posts: 1
You can make a plea to a legal aid attorney. There are not a lot of them left, but in these cases, they can usually find you someone.

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#159112 - 07/25/11 01:10 AM Re: Who knows the law in Ohio? [Re: dea]
djl000 Offline

recently joined

Registered: 07/25/11
Posts: 1
If you are near cleveland the cleveland metropolitan bar association is a good resource.

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