Legal Question in Ohio?

Question

I live in ohio there is a person I know who has children and has been married for 8 yrs., however she now wants a divorce and he has somehow obtained temporary emergency custody of thier two boys. This in itself is odd because what I have read states that the other parent in question somehow poses a eminent threat to the children, which is by no means the case. The other part to my question is this although they were married eventually, he is 6 to 7 yrs older than her and their first sexual intercourse happened when she was 15 and he was 21. From the research I have done on my own the details are sketchy I read that the statute is 20 yrs. but in general you have to claim within 6 is this true? Also because they were eventually married would this cause them not to seek prosecution for this? Thank you in advance for any clarification you can provide.

Answer 1

Well, no one knows how he managed to get temporary emergency custody, but apparently (for whatever reason) a judge felt he should be granted it.

As far as the legal issue regarding them first having sex when she was a minor--she can report it to the police, but she can expect that the DA won’t prosecute (even if the statute of limitations has not expired). It's just too convenient that she never filed charges before, but suddenly, when they're in the midst of a custody battle (after being married), she now wants him to be prosecuted.

Answer 2

I live in Ohio and got divorced last year. For the first part of your question - emergency temporary custody is the standard in ALL divorces. It is not a statement against the spouse, and has nothing to do with how they've treated the children. It is just a formality.

I don't have an answer for the second part, sorry.

Answer 3

Be very careful if you meddle in someones marriage, family and life. You can make a lifetime enemy or get yourself killed of this. Yes, statuatory rape is serious deal and each state has there statue of limitations. If you try to blackmale, threaten, etc you could find yourself in a bad situation. She needs to get legal advice NOW for a injunction. They will look at the age, maturity,
income, stability of each maturity, talk with the children, meet with a social worker and the court will decide visitiation and or living arrangements. The judge, the state, and limitations will decide on that. If they were married with parents permission and if they had an agreement with the court its another thing. If he was going around and having sex with teenage girls I'm pretty sure he would be labeled a sex offender. How they met and 8 years is a decent amount of time.

Answer 4

i think the emergency custody thing is just a "term" and not something which dooms the other parent.

as far as the prosecution for the guy having sex with her back when she was 15, why???? they got married and have been for eight years... that is just spiteful and stupid.

perhaps tell your friend to gather her dignity and act like a lady during the course of her divorce proceedings. trying to "get back at" your partner isn't something the courts look highly upon....