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Greene County Juvenile Court

Judge Robert W. Hutcheson

 

2100 Greene Way Blvd.
Xenia, Ohio 45385
Office Hrs: Monday - Friday
8:00 am - 4:00 pm
Phone: (937) 562-4000
Fax: (937) 562-4010

 

F.A.Q.'s
(Frequently Asked Questions)

 
  Child Support
  Contributing
  Custody and Visitation
  Delinquency and Traffic Cases
  Diversion
  Paternity
  Restitution
  Sealing and Expungements
 

Child Support

1.  When does my child support obligation stop?

Answer:  Ohio Law requires a parent to pay child support until the child turns 18; however, if that 18-year-old is still enrolled in a secondary school program, the support obligation continues until the child graduates or turns 19, whichever happens first.

2.  Who claims the child as a tax exemption?

Answer:  If there is a court order, parties are to follow the order.  If there is no order, the person providing more than six (6) months of the child's care, shall claim the child as a tax exemption.

3.  How do I object to an Administrative Order?

Answer:  Greene County Juvenile Court provides the objection form for the public to file.  A copy of the Administrative Order must be attached to the objection form when filed.

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Contributing

1.  Can I get a court appointed attorney?

Answer:  You must contact the Public Defender's Office at 937-562-5041 to see if you qualify.  If the answer is no, then you must provide your own attorney, if you want one.  Anyone applying for a public defender appointment must pay a $25.00 indigent application fee, which is payable to Juvenile Court, unless waived by the Court.

2.  What is the cost if I'm found guilty?

Answer:  There are usually court costs, sheriff's fees, and subpoena fees imposed on the defendant.  There may or may not be a fine imposed.

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Custody and Visitation

These are questions the Court will ask you if you inquire about getting custody of a child or visitation with a child:

1.  Has custody ever been determined in another Court?

Answer: 
If the answer is yes and the other Court is located in Ohio, you must first file your custody action in that Court, because it has continuing jurisdiction over the case.  You may request that the Court transfer jurisdiction to Greene County Juvenile Court, if the child has become a resident of Greene County.

             If the answer is yes and the other Court is located in a state other than Ohio, you may file a custody action in Greene County, if Ohio is the home state of the child and the child resides in Greene County.  The Ohio Court will share records with the out-of-state Court and the two Judges will have a recorded teleconference to determine which state is the more appropriate forum to exercise jurisdiction.  A hearing on the issue of jurisdiction may be necessary before a determination is made.

2.  Were the parents married / divorced? 

If yes, you must contact the Domestic Relations Court in the County where the divorce was filed.

3.  Does the child reside in Greene County? 

If no, you must file in the county where the child resides unless Greene County Juvenile Court has made a prior custody determination.

4.  Will the mother/father/legal custodian sign a waiver of summons for custody, visitation or shared parenting? 

If the answer is no, then you must contact the law library for the proper paperwork to file on your own, or, we suggest you contact an attorney.

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Delinquency and Traffic Cases

1.  When is my court date?

Answer:  You will be notified by mail (regular mail or certified mail) with the date of your court hearing.

2.  May I reschedule the court date?

Answer:  The court generally allows the date to be rescheduled one time.  If the date is for a contested hearing/trial, the parties must request the continuance in writing. 

3.  Must I appear or can I just pay a fine?

Answer: If you live in Greene County, you must appear with a parent or guardian.  If you don't live in Greene County, the ticket or complaint will be transferred to the Juvenile Court in the county of your residence.  The exception is that if the complaint is a felony, you will appear in Greene County Juvenile Court.

4.  How do I get driving privileges when my license is suspended by the Court?

Answer:  You must request driving privileges in writing from the magistrate or judge who presided over your case.

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Restitution

1.  I'm the victim of a crime by a juvenile.  How do I seek reimbursement for the damages or loss I incurred?

Answer:  You must provide documents substantiating your loss, i.e. medical/dental bills, estimates for repair or replacement, receipt for purchase of the item damaged or stolen.

2.  I was ordered to pay restitution to a victim.  How do I do that?

Answer:  Payments may be made by cash, check or money order payable to Greene County Juvenile Court.  The payments may be made in person at 2100 Greene Way Blvd., 2nd Floor, Xenia, OH 45385, or mailed to the same address.

Credit cards are not accepted.  If you are using a money order or cashier's check, make sure that you have the exact amount due. 

Additionally, change will not be given if you present a money order or cashier's check, so make sure it's the right amount. And, please write your case number on the check or money order.

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Sealing and Expungements 

“Seal a record” means to remove a record from the main file of similar records and to secure it in a separate file that contains only sealed records accessible only to the Juvenile Court.

If the Court finds a person to be a juvenile traffic offender, an unruly child and/or delinquent (exceptions:  aggravated murder, murder, rape, sexual battery, gross sexual imposition), they may file an application with Juvenile Court requesting that the record be sealed. 

The application may be filed after two years have elapsed since the Court’s final dispositional order or since the person’s discharge from probation or parole.

The application will be granted only if the Court finds that the person has been rehabilitated to a satisfactory degree.  The Court may schedule a hearing, and the applicant would be responsible for a filing fee of $15. 

“Expunge” means to destroy, delete and erase a record, so that the record is permanently irretrievable. 

The Court shall expunge all records that were sealed five years after the order sealing the record was issued  or upon the 23rd birthday of the person, whichever is earlier.  An application may be filed with Juvenile Court requesting that the record be expunged earlier. 

A person whose record has been sealed and/or expunged may reply, that no record exists regarding said person. 

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Paternity

A party may file a complaint for paternity in the county in which the mother resides, in the county in which the child resides, or in the county where the reputed father resides.

1.  How can I change my child's name on his/her birth certificate?

Answer:  You must file a Complaint for Paternity for Name Change Only.

2.  How do I know if paternity has been established?

Answer:  If an acknowledgment of paternity was signed by the reputed father and has become final ( 60 days has elapsed since the signing and no rescission of acknowledgment has been filed), or paternity has been established either through an administrative order issued by the county’s Child Support Enforcement Agency or through a Judgment issued by Juvenile Court.  It is strongly encouraged that the reputed father participates in genetic testing, to have a scientific determination of paternity.  These tests are usually available through the Child Support Enforcement Agency if paternity has not already been established.

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