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Questions Answered by Nicholas P. Weiss
1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: If I cosigned for a for my aunt under fear and it has been 5 months ago can I report it stolen

I just want to get my name off the car

Nicholas P. Weiss
Nicholas P. Weiss answered on Jan 2, 2022

Can you provide a little more information?

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: If Im 16 and am adopted but emotiionally abused here can I go to California and live with my Dad who never lost custody?

I am adopted but am hating it here I'm 16 but we have never gotten along. I would like to live somewhere else there is lots of emotional and physical stuff that goes on. would I be able to legally move to my live with my dad in his custody since he never lost it in the first place?

Nicholas P. Weiss
Nicholas P. Weiss answered on Jan 2, 2022

If you are adopted then your dad has no custody rights. If you are being abused or neglected call CPS to make a report and they can remove you from the home.

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1 Answer | Asked in Probate for Ohio on
Q: Sister passed, no will. Limited assets. I hired an attorney in Florida since I am out out state and let her know the

potential problem of one sibling/beneficiary. This was to be a simple summary, but brother here in Ohio likes the court scene with over 59 cases and will argue anything, true or not. It is costing me more and I may need to drop out mainly attorney fees are now $295.hr. shared this with the... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 31, 2021

You have an attorney, so a lot of these questions should go to him or a different florida counsel. In Ohio, it is likely that his objections would be overruled by the probate court as unfounded, especially if there are no assets.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can I sue my landlord for mental duress?

I have notified our property management, as well as maintenance, that I need at least a few hours notice before someone shows up to my apartment because I have severe PTSD. They have sent maintenance without notice multiple times since, and continue to ignore requests for prior notice. This has... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 31, 2021

Your landlord is required to give advanced notice, usually 24 hours, before sending people absent an emergency. You can refuse to have the contractors come in without this notice.

2 Answers | Asked in Business Law for Ohio on
Q: I loaned a friend $75,000 to start up his business. We signed a contract and he has missed two payments
Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 31, 2021

What you do is going to largely depend on the terms of your agreement. It is likely that you can bring an action for the breach of the loan agreement.

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1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Ohio on
Q: Is it legal for an arranged marriage in ohio
Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 31, 2021

There is no designation for an arranged marriage, but if you are being coerced into marriage then it can potentially be annulled as a result of the coercion. If you are a minor and your parents are forcing you into marriage then you should call 1-855-642-4453 and report this to Ohio's... Read more »

1 Answer | Asked in Adoption and Family Law for Ohio on
Q: Looking to get temporary guardianship of 4 children while their mother gets back on her feet.

We need to be able to put them in school and take them to the doctors. Would we need power of attorney? Or something else? What steps do we need to take?

Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 31, 2021

If you are a grandparent it is a simple form for grandparent power of attorney signed by the mother that you file in your county's juvenile court. If you are not a grandparent then you need to file an application for guardianship with consent of the mother in your county's probate court.

1 Answer | Asked in Criminal Law for Ohio on
Q: What can be done to machanic that's saposta fix my car but has basically stolen it. He was paid in full

Has not answered my phone calls or messages. Iv missed my cancer treatment and other hardships being without my vehicle. He is fully aware of my medical situation.

Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 22, 2021

He is likely liable under the Consumer Sales Practices Act for unconscionable acts. You can bring a civil claim against him for up to three times your actual damages.

2 Answers | Asked in Child Custody for Ohio on
Q: What is the easiest way to get a judge signed affadavit in Ohio stating that I have custody of my child?

My son's mom lives in Illinois and we have never had an order done before. We were not married and I'm trying to figure out the easiest way to get this done without her having to come to Ohio for the affadavit or me to Illinois for the same reason. Any help is appreciated!

Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 22, 2021

The easiest way is to file a joint petition for custody where she waives service and consents to granting you custody. The court will still likely set it for hearing to make sure that is accurate, but that would be the fastest way.

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2 Answers | Asked in Family Law for Ohio on
Q: Can my ex-boyfriend take me to court and get custody of my son who is not his biologically?

He has been in his life since he was born.

Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 22, 2021

There is an extremely rare but may be applicable set of facts where he could get custody. In most situations, he would have to prove that you are an unfit or incapable parent, or voluntarily abandoned your children, in order to get custody. However, there is a limited exception, usually present in... Read more »

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1 Answer | Asked in Divorce and Family Law for Ohio on
Q: Can I file for child support and alimony if I'm still married but trying to get a divorce.
Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 14, 2021

Yes. That is one of the things you can request as part of the divorce proceedings.

1 Answer | Asked in Employment Discrimination for Ohio on
Q: My employer is threatening corrective action if we don't divulge yes or no to having the covid shot. HIPAviolation?
Nicholas P. Weiss
Nicholas P. Weiss answered on Nov 29, 2021

Your employer is allowed to ask this question and get an answer. It is not a violation of HIPAA.

1 Answer | Asked in Employment Discrimination for Ohio on
Q: I work for a company in Akron, Ohio on 11/17/2021 my day off of work. My manager called called me to tell me I was susp

Suspended until further notice. On 11/18/2021 I called to see if documentation was filed and that I would come pick it up that day. Only to be called back fifteen minutes later to say they could not suspended me. But I was not allowed back to my designated area. Now they r offering me a job that I... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Nov 29, 2021

I'm assuming that this is a disability discrimination matter. If that is the case then they are likely offering you a different position as a reasonable accommodation for your claimed disability. If you don't take it it is likely that they can terminate you.

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: For a custody arrangement to change. What motions need to be filed?

Mom and dad no longer together. According to arrangement made, mom cannot move away from county. This was a request made by the father and granted by the court. If more details are needed, please ask!

Nicholas P. Weiss
Nicholas P. Weiss answered on Nov 29, 2021

Motion to modify parenting plan. You'll need to establish that since the last order there has been 1) a substantial change in circumstances and 2) that the change is in the best interest of the minor child.

1 Answer | Asked in Foreclosure for Ohio on
Q: Mechanics lien was recorded.contractor then filed foreclosure suit after the 2year limit Ohio RC1311.88,suit dismissed?
Nicholas P. Weiss
Nicholas P. Weiss answered on Nov 16, 2021

111.88 is for broker's liens. Mechanic's liens are governed by 1331.16. Those actions have a six year statute of limitations.

1 Answer | Asked in Family Law for Ohio on
Q: I have a civil protective order against my husband but he is back at my house can I get in trouble he has no where to go

He has manipulated his way back in the house with no where to go. Away from him. He is verbally abusive and mentally unstable. The other night he was either on something or having a mentally episode. He was talking out of his head making false accusations. He threw his phone at me and then broke it... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Nov 16, 2021

You will not get in trouble. Do not let him back in. Call the police if he contacts you again.

2 Answers | Asked in Landlord - Tenant for Ohio on
Q: Can we end the lease if we don’t have the washer that was promised to us? We have been living here a month waiting

If we end our lease can we get the deposit back or do we have to keep paying full rent even though we don’t have what was promised to us?

Nicholas P. Weiss
Nicholas P. Weiss answered on Nov 16, 2021

If the washer was a condition of the lease, then the landlord is in breach. Give them written notification of the breach, in writing. Wait thirty days. If they have not fixed the issue you can either 1) vacate without penalty 2) deposit your rent in court or 3) sue for damages. Do not reduce rent... Read more »

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1 Answer | Asked in Estate Planning and Child Custody for Ohio on
Q: Ex filed contempt of court charges due to missing 3 visits could not get to meeting point and wouldn’t come to my house
Nicholas P. Weiss
Nicholas P. Weiss answered on Oct 24, 2021

Can you provide some more information? What question are you seeking an answer to?

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: Does the opposing attorney have to disclose evidence against me?

I am representing myself in 2 custody cases but i dont know what i need to be defending myself against. As i am my own attorney, doesnt their attorney have to disclose whatever evidence they have against me so I am able to build a proper defense?? Please help me!!

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 27, 2021

He doesn't have to just because. You have to ask him for it. This is generally done by serving 1) Interrogatories (written questions seeking information) 2) request for production of documents (documents that may be relevant to the case) and 3) admissions of fact. This is possible, but really... Read more »

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1 Answer | Asked in Cannabis & Marijuana Law for Ohio on
Q: Can I get fired for failing a drug test even though I have my medical card and they hired me back at another location

I’m legally disabled since a young age and they’ve been telling me I might be able to get hired back for days now and they updated there policy but I’m left hanging not knowing what’s going on. I’ve missed 7days of work so far. And I have to start work at another location. They said I... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 25, 2021

Ohio employers are allowed to terminate or discipline employees for the lawful use of medical marijuana. It is entirely at the employer's discretion.

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