Tag: cleveland family law lawyer

5 Big Potential Pitfalls of Being Together Without Getting Married

It is very common for couples to share many of the aspects of marriage without becoming legally married.  They may purchase a home together, have children together, have bank accounts together, etc. While many people have good reasons for such arrangements, it is important to be aware of the myriad of legal pitfalls that can come up. The following is a list of a few.

  1. Purchasing Real Estate Together or Living in Your Partner’s Residence. When a married couple gets divorced, regardless of whose name the real estate is titled to, if it was acquired during the course of the marriage or increased in
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Ohio Common Law Marriage- What you need to know.

Common law marriage was abolished in Ohio on October 10, 1991. However, a common law marriage that existed prior to the abolition date is still valid.

So how do you establish a common law marriage? You must show the following:

  1. An agreement to marry by parties competent to contact. If a party is unable to establish an agreement to marry by direct evidence, indirect evidence can be offered such as cohabitation and community reputation and proof that the parties were recognized in the community as husband and wife.
  2. Cohabitation as husband and wife.
  3. The parties must hold themselves out as husband and
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Attorney Randall M. Perla featured in Cleveland’s Top Rated Lawyers 2012 Edition

Attorney Randall M. Perla was featured in Cleveland’s Top Rated Lawyers, 2012 Edition, a publication which was distributed in the Plain Dealer and the Wall Street Journal.  Mr. Perla was noted under the practice areas of Family Law, Trusts and Estates, and Elder Law.

A former Family Law Magistrate with the Cuyahoga County Court of Common Pleas, Mr. Perla has been AV rated by his peers, indicating the highest level of professional excellence, for 16 consecutive years.  Mr. Perla has also been selected for Ohio Super Lawyers and has been listed in Martindale-Hubbell’s Bar Register forPreeminent… Read the rest

What Unmarried Parents Should Know About Child Custody

Who has custody of a child born to unmarried parents?

Under Ohio law, when an unmarried woman gives birth to a child, she is the sole residential parent and legal custodian of the child unless and until a Court issues an order designated another person as the residential parent and legal custodian. 

How can a father become the legal custodian of a child or obtain visitation rights?

First, the father must establish paternity.  Paternity can be established in a number of ways.

  1. Acknowledgment of Paternity Affidavit- Typically this is signed at the hospital at the time of the child’s birth, but
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