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Questions Answered by Nicholas P. Weiss
1 Answer | Asked in Family Law and Real Estate Law for Ohio on
Q: Is dower rights still a thing in ohio on 2023? Any way for spouse to waive all rights to everything their name is not on

From the start of the marriage so that neight have to deal with it?

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answered on Jun 23, 2023

Dower is still a thing, unfortunately. A prenuptial agreement waiving claims to certain property will, as a matter of law, eliminate dower. However, as a matter of practice, most banks will not fund a transaction if the spouse does not waive their dower interest as part of the sale on the deed... View More

1 Answer | Asked in Contracts and Construction Law for Ohio on
Q: I would like to fire my contractor for not completing a job in a reasonable time frame.

We were told the job would be done in Feb 2023, It is now June and we are still being delayed and not scheduled. Our contractor has been "scheduling" dates to start for months but then reschedules the day before, most times without notifying us unless we reach out to them. I asked to... View More

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answered on Jun 8, 2023

Under Ohio's consumer sales practices act, it is a deceptive act for a supplier (the contractor) to allow 8 weeks to elapse without services being rendered. O.A.C. 109:4-3-09.

If the contractor messes this up, they are liable for three times your damages (amount paid) plus reasonable...
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2 Answers | Asked in Contracts for Ohio on
Q: If I signed a contract with a company for exterior home improvement, how long do they have to do the work?

The paper stated that I had three days to cancel.

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answered on Jun 7, 2023

Under Ohio's consumer sales practices act, it is a deceptive act for a supplier (the contractor) to allow 8 weeks to elapse without services being rendered. O.A.C. 109:4-3-09.

If the contractor messes this up, they are liable for three times your damages (amount paid) plus reasonable...
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1 Answer | Asked in Consumer Law, Contracts and Construction Law for Ohio on
Q: How long can a contractor take to bill me?

Had roof done on 5/5/22. City inspector found out they didn't have permit. They apparently have an issue with getting the permit and still do not have it. This has been over a year now. I have the money waiting to pay them and am of course willing to pay them if they ever get their legal... View More

Nicholas P. Weiss
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answered on Jun 6, 2023

They can bill you whenever. If there was a written contract then they have six years from the last date of work performed to bring a claim against you for non-payment.

If they were required to get a permit, and didn't, then you have a strong claim under Ohio's Consumer Sales...
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2 Answers | Asked in Contracts, Divorce, Family Law and Banking for Ohio on
Q: In OH marriage can debts obtained by one person affect the other and...

..if so can you do anything to keep each person isolated having having any tie to any debts/mistakes by the other during the marriage.

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answered on Jun 2, 2023

There are a few parts to this question. Debt incurred by a spouse alone will not, generally, expose you to liability from the creditor, even during marriage. This debt, during divorce, may be considered marital debt, and it is possible that some or all of the debt may be apportioned between the... View More

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1 Answer | Asked in Cannabis & Marijuana Law, Car Accidents and Employment Law for Ohio on
Q: what happens if im driving a company vehicle and im not high but weed is in my system and someone hits me or i hit some1

i usually only smoke like one bowl a day and if i get a medical card will i be ok no matter what

Nicholas P. Weiss
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answered on Mar 29, 2023

It is illegal to smoke marijuana in Ohio. This is true even if you have a medical card. Your employment is also not protected from the use of marijuana even if you have a medical card. Marijuana in your system will likely be determined to be a contributing factor in any accident.

1 Answer | Asked in Child Custody, Civil Litigation and Family Law for Ohio on
Q: I am being harassed over text. Should I take action?

My coparent and his wife continuously harrass me over text. They attack me, my character and parenting style. No threats of harm have been made. I do not respond to these messages yet they continue to send them. I don't block their number because my son lives in their household during... View More

Nicholas P. Weiss
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answered on Mar 27, 2023

If you don't have an existing custody order, I'd recommend pursuing one and making a condition of the order being that everyone uses a third-party messenger service, like Our Family Wizard, to communicate. The benefit there is that anyone, including the court or GAL, will have instant... View More

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
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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 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,... View More

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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 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.
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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 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... View More

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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...
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1 Answer | Asked in Divorce for Ohio on
Q: Can I switch the title over to my car to someone else's name
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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... View 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... View More

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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...
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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
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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... View 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
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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.

2 Answers | Asked in Family Law for Ohio on
Q: Please help my son is a minor can grandma take him temporarily without minor appt of guardianship ordeal ?

First and more most I am the biological mother residing in Calif. My mother moved to ohio.My minor son age 10 likes playing "only child" SOMETIMES .. anyway I'm in a bind .I was sent paperwork for hearing for minor appt of guardian. I don't like the terms it's. Bit too much... View More

Nicholas P. Weiss
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answered on Nov 29, 2022

Why not do a grandparent power of attorney instead? It's through the juvenile court and gives power to act as guardian over the minor child without actually doing guardianship proceedings. It also is extremely easy to undo.

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1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: Question about my first court date after objection of child support order.

Will I need a lawyer for this court date, for the tax exemption, and my Fathers rights? And will a shared parenting plan be a separate court hearing after this one?

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answered on Nov 9, 2022

Custody and child support are held in separate proceedings. If you are still at the administrative level, which I suspect you are if you filed objections, then CSEA has very little wiggle room on child support calculations. Typically you would seek to have the order adopted by the Juvenile court... View More

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My landlord hasn't had major repairs fixed and its been a month causing my bills to triple in price, and its unsafe

I have an old front door, and 3 of the glass panels broke and there's also a half inch gap in my door and its frame. She even sent me text message stating those panels have been cracked for years why did they break all of a sudden. Its causing my bills to increase and its getting colder and... View More

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answered on Oct 26, 2022

Deposit your rent with your local municipal court and seek an order compelling the landlord to make repairs. DO NOT STOP PAYING RENT, just pay it to the court instead.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Is my daughter’s mother allowed to withhold my visitation for COVID scares and positive tests even though I was exposed?

My 4 year old was exposed (supposedly) on Friday, but had surgery on her arm on Saturday, with no precautions taken by the hospital. I spent all day with her and her mother in the hospital on Saturday. Now, the mother states my daughter has tested positive and refused to appear at our exchange... View More

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answered on Oct 26, 2022

No. The covid emergency orders explicitly stated that you could NOT do this. If she is doing this in violation of a parenting order then you can file a motion to show cause.

1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: How can I go about getting a local bar shut down due to criminal activity? Multiple shootings happen at this bar.

The bar is in my neighborhood and I am sick of the crime it brings.

Nicholas P. Weiss
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answered on Oct 19, 2022

In some limited cases, you can bring a claim for nuisance against the bar and seek to enjoin it from operating. This is typically done by the municipality, sometimes by a community development clinic or other non-profit, and very infrequently done by private individuals.

While you certainly...
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