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Family Law Archives

Deportation fears lead to child custody concerns

Immigrant families in Ohio and across the country are worried about the impact of detention and deportation on their children. Many undocumented people have children who were born in the U.S. and who are thus considered American citizens. While the parents could be threatened with detention or deportation, especially amid the intensified and public campaign around immigration issues, these children have the right to stay in the United States and continue their lives. However, without their parents by their side, they are also at risk of being thrown into the social services system.

When children want to live with their noncustodial parent

After a divorce of parents who have young children, there will likely be a parent who the child physically spends the majority of their time with. However, the child may express a desire to live with the noncustodial parent. Depending on the maturity and age of a child, in Ohio, the child's wishes may be taken into account. If there is no legal child custody agreement in place, children may live wherever they like as long as the parents are in agreement.

What to do in a child custody hearing

Ohio parents who are involved in a child custody dispute may be tempted to try to convince the court that they are more fit to be the custodial parent. However, this can backfire. If a parent appears to be bitter toward the other parent, the judge may conclude that parent is less fit because of an unwillingness to compromise. The parent should also avoid speaking on behalf of the child because this could also create a negative impression on the judge. Most older children will have the opportunity to state a preference about which parent they would like to live with.

Obtaining back child support

Many families in Ohio depend on child support to ensure that their children's expenses are paid for. Custodial parents who are seeking an order for support as part of the divorce decree may sometimes want to collect retroactive support, such as fro the date of physical separation.

Disabled parents with child support obligations

Situations in which a parent is required to pay child support and develops a physical disability can affect the recipients who rely on the payments. Ohio should be aware of their options if they or their ex-partners are no longer able to make timely child support payments.

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