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Questions Answered by Nicholas P. Weiss
1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: Do I have to appear at a pre-trial for a subpoena I got in the mail?

I'm a victim in a domestic violence case but want the case dropped. I was not served the subpoena but got it in the mail. I've heard from other people that I do not have to appear but I do not want to be in contempt.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 27, 2023

Getting it in the mail is service of the Subpoena. You should appear.

1 Answer | Asked in Contracts for Ohio on
Q: Are both parties required to provide a mailing address to make a contract valid and enforceable?

We are trying to contract with an illustrator. Our CEO is insistent that we require the illustrators physical mailing address for the contract to be valid, the illustrator is only offering us his email at this time.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 27, 2023

It can be valid without an address. I agree with your CEO though that you should require a physical mailing address in the contract. If the contract is breached and you need to sue then you will need their address to start the lawsuit.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: is there any way to appeal a cpo after a year if new evidence has been made available
Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 27, 2023

You shouldn't need to appeal. Instead you can petition the court to rescind or modify the cpo due to new evidence.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Do we file contempt for not being allowed any contact with our kids or do we file for visitation first?

Maternal grandmother has legal custody. At the court hearings on the stand she said she wanted the kids to see us and that she'd allow supervised visits for now but we'd need to set it up ect. The court order just left it as a general reasonable visitation and stated they didn't feel... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 17, 2023

File both. The contempt should seek as a sanction that she return to Ohio. The court will not be happy that she left the jurisdiction.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: What are my rights as far as child support? I wanted a civil dissolution but now ex hasn't helped in 4 months.

My ex moved out in May. He stopped paying on the car i drive months ago and we had an agreement for him to help financially weekly but he stopped back in November and only has our 2 kids overnight 2 times a week. Now he is moving in with his current girlfriend who has 4 kids, 2 seniors 2 freshman,... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 16, 2023

If you are married, you should file for divorce and seek a temporary child support and spousal support award as part of your filing. If you are not married, you should go to your county's child support enforcement office to obtain an administrative child support award.

1 Answer | Asked in Uncategorized for Ohio on
Q: my sisters son has POA, his wife is signing my sister's name to checks without my sister knowing, can she do that?
Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 13, 2023

No. She does not have the POA and even if she did would need to sign her own name as POA.

1 Answer | Asked in Adoption for Ohio on
Q: Can I adopt my grandson that I have had custody of for 3 years? The dad is in federal prison on drug charges.
Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 13, 2023

If the father has failed without good cause to see the child OR has failed to provide more than de minimus support for at least one year prior to a petition for adoption, you can obtain adoption over your grandchild without his consent.

1 Answer | Asked in Family Law for Ohio on
Q: I have a durable family POA for my granddaughter. Her biological father has filed for custody. Can I ensure visitation?

I live in Pa and her biological father lives in Ohio. I don't mind that he has filed for custody. I just want to make sure I can still see my granddaughter. Her mother is currently incarcerated in Florida.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 13, 2023

If the case is in Ohio: So long as the parents were never married you can intervene and seek visitation rights.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: What county should you file a complain for parentage in ?

My fiancé has two boys. He wasn’t married to their mom. He has a child support order in summit county. He’s on their birth certificates , he’s had parenting time with them bi weekly since they were born. Their mom sometimes will withhold visits and he can’t access their medical records or... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 5, 2023

If there is a child support order then you do not need to file a complaint for parentage. You need to file a complaint for visitation or custody. You should file it in the county where the children reside.

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: my parents are getting dicorced soon and idk how to convince the court in unsafe at my moms and abused with no pictures

the divorce might be this summer but idk, im scared my dad wont get custody and my mom will hurt me for trying to live with him, i never get a chance. to record her or anything and she isnt psychically abusive, but i have been sent to mental wards twice because of the stree, im only 13 and i want... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 5, 2023

Your father needs to seek a guardian ad litem to represent you in the divorce. Talk to the guardian once they are appointed and tell them this information. It is very likely that the guardian will recommend custody to your father if they hear you say that, even without proof.

If you are...
Read more »

1 Answer | Asked in Family Law and Probate for Ohio on
Q: My mom passed away and she has a van in her name which my drug addicted nephew drives around in. Since the van is in the

Estate how do I go about getting the van back from him. My mom has 5 grown kids. If he was in a bad accident and killed somebody, I’m afraid we could all be sued. What should I do?

Nicholas P. Weiss
Nicholas P. Weiss
answered on Dec 26, 2022

Open the estate and report the car as an asset. As administrator/executor, report the car as stolen and inform the police where it is.

1 Answer | Asked in Family Law for Ohio on
Q: My estranged husband is allowing my daughter to stay with him, and not attened school and I am truant? My options?

I am in Ohio and my estranged husband lives in KY. My 15 year old daughter who lives with me is refusing to come home because she doesnt want to go to school and he is not making her. She is 15 years old. I have proof where he has provided her with vapes, alcohol, and marijuana in the past but she... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Dec 22, 2022

You need to file for divorce and seek an emergency custody order as part of your initial filing on the basis of your allegations and the truancy issue.

1 Answer | Asked in Uncategorized for Ohio on
Q: Judgement was made where service on the judgement was not completed, does the judgement still go into effect?

Ordinary mail was the original service on the reopening of the case. The defendant did not get service but it was not returned to the court. The judge made a judgement and the defendant was not present. Ordinary mail was sent with the judgement and it was returned without service.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Dec 22, 2022

The judgment is still good, but can be voided or revoked by filing appropriate motions with the court.

1 Answer | Asked in Uncategorized for Ohio on
Q: Am I legally allowed to change locks and post no trespassing signs on a home I own but currently do not live in?

My grandma's boyfriend signed his home over to me July 2021. My grandma passed away November 2021. Her boyfriends kids got guardianship of him in September of this year and issued a no contact order to me due to having a felony charge 11 years ago so instead of him going to a nursing home I... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Dec 22, 2022

You own the house and there is no one living there. However, best practice would be to pursue and eviction action before removing belongings and changing the locks.

1 Answer | Asked in Employment Law for Ohio on
Q: Is there any way I can send a non compete for you to review (from my employer)?

I would like to know if there is any way out if it should I get a job offer from a manufacturer in the same industry.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Dec 22, 2022

The board is more for general questions. If you have a specific document that you need reviewed, reach out to one of the attorneys listed for a consultation.

Nick

1 Answer | Asked in Insurance Defense for Ohio on
Q: My grand mother has been paying house insurance premiums for 10+ years, now she’s told the insurance never even hit

Lapse in policy change 9yrs ago and she was never notified of any lapse or lack of home insurance. Progressive says they can’t locate the original policy and won’t back pay her or give her the insurance she’s paid for 9yrs straight.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Dec 22, 2022

You likely have a bad-faith claim against your insurer. They cannot both take the money under the policy and claim that there is no enforceable policy.

1 Answer | Asked in Divorce for Ohio on
Q: Can I switch the title over to my car to someone else's name
Nicholas P. Weiss
Nicholas P. Weiss
answered on Dec 22, 2022

Why are you doing this? The short answer is "yes", but there can be consequences to doing this if it is in the context of a divorce. If you are doing it pre-divorce, and transferring for no value, then the court can make you pay back the marital equity to your spouse in the divorce as you... Read more »

1 Answer | Asked in Business Formation, Business Law and Real Estate Law for Ohio on
Q: Does transfering property into an established Partnership-LLC affect ownership levels, like initial capital contribution

If I were to be in a partnership LLC, and my partner wants to transfer a property into the company, would that automatically affect his amount of ownership like an initial capital contribution would? Or is there a choice to not give over ownership for the contribution to the company

The... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Dec 22, 2022

This first question is "what does your operating agreement say about it?" If you don't have one, then the question becomes whether this is being transferred for value received, transferred without value, and why the transfer is being made.

If it is being made for value from...
Read more »

1 Answer | Asked in Consumer Law and Construction Law for Ohio on
Q: Hired contractor to "raise and level house" Fix failed two months after paid in full (20K). What recourse do i have?

I filed a complaint with BBB and have all documentation, including contractor's acknowledgement of failed fix. What are my next steps?

Nicholas P. Weiss
Nicholas P. Weiss
answered on Dec 12, 2022

If you are in a municipality that requires a contractor bond, then you can make a claim on the bond for the work that is not up to code up to the value of the bond. Otherwise you will have to bring a lawsuit against the contractor. It is likely that you would have a claim under the Consumer Sales... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: representing myself for a third party custody trial how can i find out if 1 of the parents has recently been in rehab?

How to I obtain this information

Nicholas P. Weiss
Nicholas P. Weiss
answered on Dec 12, 2022

You would send discovery responses to the parent asking them to assert that. You could also send subpoenas to their health care providers.

Getting health information of a party is extremely tricky. I do not recommend that you try this without counsel.

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