My wife and I have one toddler and she has an 8 and 9 year old from a previous marriage. Her name is the only name on the lease. We have only been married for a short period. We both are divorced from previous marriages. This holiday season and our marriage have been stressful since it all started and she has just kicked me out of the apartment. Most of the items in the house are mine since I moved in with her from my own home. My question is, 'Does she have legal rights to do this in the State of Ohio?' What are my legal rights to be at the apartment? She is also refusing to let me see our son and this is going to be his first Christmas. What rights do I have to get time with him?

Why did she kick you out?

You need to file for divorce, and seek either custody or visitation of the child. You will need to get your rights named by the court.
So hire an attorney and see what happens.

That is what I am confused about myself. Like I said it has been a very stressful relationship. Her family does not like me and mine does not like her. People are clashes heads. We were fine on Monday then her X as supposed to take the kids for weeks but he dropped them back off on Tuesday since their cousin would not be in until Thursday to keep them occupied. We did not argue about it because I love the kids. There is no violance between if that is what you are thinking. She has been acting very strange since Thanksgiving and I decided it was best if I just did leave. But she took my key and wallett so I am in a big bind. I just want to know if any one had any idea as to my rights?

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Originally Posted by Fr_Chuck

you need to file for divorce, and seek either custody or visitation of the child. You will need to get your rights named by the court.
So hire an attorney and see what happens.

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Well I know that but can I do anything in the mean time?

She can't keep you from your things, or your child, unless some sort of action is filed in court.

Well I'm not going to break in and abduct my son. Any ideas besides contacting the police and getting them involved? And I do not want to do that unless I have exhausted all other options.

If the lease is in her name, and you have left, I would not return to the apartment without a deputy or policeman. Until some action is taken in court, what is yours is yours, and hers is hers. If you are the father of the child and you obtain custody(possession) of the child, you can go to Timbukto if you desire, with the child. Once the court takes jurisdiction of the case, and some courts have a pre-trial order in all domestic relations cases, then you are bound by what the order says. If you are not going to ask for custody of the child, start paying her child support each week. It will help you.

Rather than worry about legal technicalities, I'd stay put and tell her "If you're unhappy then you pack up your stuff and haul your a$$ out of here. And take your kids (the 8 and 9-year-olds) with you."

Start with getting the necessary things like keys and wallet with the help of the police, and seeing a lawyer later. Then you won't have to get in trouble for the holiday. Your kids do not have to be put through any more crap than they have, so do this the right way. Your answer is no, you can do very little without her changing her mind.