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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My husband is having an affair with our 18 year old niece.

Customer Question

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?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Ohio
JA: Have you talked to a lawyer yet?
Customer: yes, but not about the incest part. Just about a divorce
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Family Law
Expert:  Roy Hadavi replied 1 month ago.

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.

Customer: replied 1 month ago.
ok thank you
Expert:  Roy Hadavi replied 1 month 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!

Customer: replied 1 month ago.
then would this situation be considered incest?
Expert:  Roy Hadavi replied 1 month ago.

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

Customer: replied 1 month ago.
even though she is 18 and no longer living with us? And this is legal and there would be no repercussions for him?
Expert:  Roy Hadavi replied 1 month ago.

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

Customer: replied 1 month ago.
thank you!
Expert:  Roy Hadavi replied 1 month 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.

Customer: replied 1 month 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?
Expert:  Roy Hadavi replied 1 month 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.

Customer: replied 1 month ago.
thanks!
Expert:  Roy Hadavi replied 1 month 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.