Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

My husband is having an affair with our 18 year old niece.

Customer Question
My husband is having...

My husband is having an affair with our 18 year old niece. She is my biological niece and his niece by marriage. She is now 18 years old. But we received full custody of her when she was 15. Is this considered incest in the state of Ohio?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Ohio

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes, but not about the incest part. Just about a divorce

Submitted: 11 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 16 minutes by:
9/8/2017
Family Lawyer: Roy Hadavi,
 replied 11 months ago
Roy Hadavi
Category: Family Law
Satisfied Customers: 1,500
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Ask Your Own Family Law Question
Customer reply replied 11 months ago
ok thank you
Family Lawyer: Roy Hadavi,
 replied 11 months ago

I am sorry to hear that you are dealing with such a horrible situation.

Here is the Ohio Statute relating to incest:

(A) No person shall engage in sexual conduct with another, not the spouse of the offender, when any of the following apply:

The offender is the other person's natural or adoptive parent, or a stepparent, or guardian, custodian, or person in loco parentis of the other person.

Ohio only punishes offenders of incest if they are the parents of the victim(s).

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Ask Your Own Family Law Question
Customer reply replied 11 months ago
then would this situation be considered incest?
Family Lawyer: Roy Hadavi,
 replied 11 months ago

Yes, you are both custodians and guardians of your niece.

Ask Your Own Family Law Question
Customer reply replied 11 months ago
even though she is 18 and no longer living with us? And this is legal and there would be no repercussions for him?
Family Lawyer: Roy Hadavi,
 replied 11 months ago

No, it is a criminal offense. The fact that she is legally an adult does not change your custodial and guardian status.

Ask Your Own Family Law Question
Customer reply replied 11 months ago
thank you!
Family Lawyer: Roy Hadavi,
 replied 11 months ago

You're very welcome!

Did you have any follow-up questions or need me to clarify anything? If not, please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.

Ask Your Own Family Law Question
Customer reply replied 11 months ago
one more thing. Your previous response says Ohio does not punish the offender unless they are a parent. Does this mean he would not be punished?
Family Lawyer: Roy Hadavi,
 replied 11 months ago

I mean that they are considered a parent for these purposes.

The penalty is 3rd degree felony (sexual battery); if imprisoned for 2 yrs or more, person serves a term of post-imprisonment supervision.

The statute is ORC §2907.03.

Ask Your Own Family Law Question
Customer reply replied 11 months ago
thanks!
Family Lawyer: Roy Hadavi,
 replied 11 months ago

Again, you are very welcome! I wish you the best of luck.

Please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.

Ask Your Own Family Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11,971
11,971 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,624 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,607 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

3,019 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
I am fifty and my wife is slightly older than me. We have
I am fifty and my wife is slightly older than me. We have married for almost 17 years now, and our only kid is 15 years old this year. I live in NJ. What is the best way for me to get out of the marri… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
How after a child's birth does a biological father have to
How long after a child's birth does a biological father have to pursue custody or visitation rights to that child? The biological mother is married and became pregnant during an affair. The mother did… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,492 satisfied customers
I have a question about my late husbands insurance that I
I have a question about my late husbands insurance that I received after he died of suicide in March 2001. I have applied for the benefits for this claim under the Unclaimed property of Illinois. at t… read more
Barrister
Barrister
Lawyer
Doctoral Degree
3,607 satisfied customers
Can an adult(age 23) be adopted by her stepfather without the
Can an adult(age 23) be adopted by her stepfather without the biological father terminating his parental rights?… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
In the state of Texas, if spouse has an affair, separated,
In the state of Texas, if spouse has an affair, separated, filed for divorce and the other spouse (wife) makes more money than husband, even though husband had 2 year long affair, is it fact that she … read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
3,019 satisfied customers
Before I venture into this custody battle I want to get some
Before I venture into this custody battle I want to get some expert predictions on my chances of winning. My husband had an affair in NY that resulted in a child. We were seperated before the affair, … read more
TexLawyer
TexLawyer
Lawyer
Doctoral Degree
24 satisfied customers
Hi. My niece (who will be 15 years old in May 2015) lives in
Hi. My niece (who will be 15 years old in May 2015) lives in Ohio and wants to come and live with me and my family. How do we go about making this happen legally? Thank you.… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
My ex-wife committed adultery several times throughout our
My ex-wife committed adultery several times throughout our marriage. As a result of that, my 4 year old daughter ended up not being biologically mine. In our separation agreement we have joint custody… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My spouse had an affair 1.5 years ago as a child was born from
My spouse had an affair 1.5 years ago as a child was born from this relationship. 3 months ago is when he told me about this. Since the affair our marriage was becoming what it should be until 3 month… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have been married for almost 3 years now and I just found out,
I have been married for almost 3 years now and I just found out, for the 2nd time now, that my husband is cheating :( I am devastated of course and have been 100% faithful but I am also no longer in d… read more
schollomon
schollomon
55 satisfied customers
I had an affair with a married woman, she became pregnant and
I had an affair with a married woman, she became pregnant and she birthed OUR child in July 2012. The woman and I have both filed for divorce from our spouses and currently have a lease under both of … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,003 satisfied customers
I met this girl a couple years ago which we hit it off quite
I met this girl a couple years ago which we hit it off quite well and fell in love. What we know is that we are related by half relationship (half uncle/Niece). I was never in my half sisters life due… read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,624 satisfied customers
My husband and I are trying to get a passport for my 15 year
My husband and I are trying to get a passport for my 15 year old step-daughter (his biological daughter). Although he and the childs birth mother have joint custody (though my step-daughter lives with… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can one Ohio Juvenile Court Magistrate overrule another?
Can one Ohio Juvenile Court Magistrate overrule another? In a custody hearing, the original magistrate was attending to another matter, so our attorney asked another to allow him to withdraw from the … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My 16 year old niece is very unhappy at home, she is a good
My 16 year old niece is very unhappy at home, she is a good kid. My sister is overly controlling, and last week called the cops on her daughter for arguing and it ended up with my niece being taken to… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
I live in Tn. My situation is this. My home life is horrible
I live in Tn. My situation is this. My home life is horrible with constant fighting and name calling. We have 2 daughters ages 6 and 14. I have reached the point that I want out and know this isn't a … read more
JPEsq
JPEsq
Attorney
Doctoral Degree
5,086 satisfied customers
My little sister is 14 and turning 15 years old in june and
My little sister is 14 and turning 15 years old in june and she lives in california with her Biological "Mother" and there never was a legal custody battle over her with her biological father but her … read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
State of Utah - Family of three - husband, wife and 2.5 year
State of Utah - Family of three - husband, wife and 2.5 year old boy. The husband was gone about 60% of the time for work. Neither were happy in marriage and the wife begged for counseling and even fi… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x