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1 Answer | Asked in Child Custody, Divorce, Family Law and Juvenile Law for Ohio on
Q: If I need to get emergency full custody of my daughter to get her out of an abusive situation, how do I go about it?

I was divorced in one county in Ohio, I live in another county in Ohio and my daughter lives in another county in Ohio different than the divorce and myself. She is in an abusive situation with her mom and her mom's family, including sexual abuse by her stepdad. I really need help and... Read more »

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Feb 3, 2023

You can file for an emergency custody order. Generally, your motion has to state the child is in imminent danger.

1 Answer | Asked in Workers' Compensation for Ohio on
Q: If u tell ur job u can't do a job and its physically hurting you. But they make u do it till I get a doctor excuse

I've been at my job for 5 months with no problems they put me on a new job after a couple days my back started hurting I told my supervisor I couldn't do it and it was messing up my back and they said unfortunately you have to keep doing it until you get a doctor's excuse and now my... Read more »

Mr. Peter James Carman Esq.
Mr. Peter James Carman Esq.
answered on Feb 2, 2023

In Wisconsin,once you report a work injury as you have done as you describe above, any smart employer would report it immediately to their worker's compensation insurance carrier and take you off that job and refer you to be seen by a doctor of their, or your, selection without further delay.... Read more »

1 Answer | Asked in Real Estate Law and Energy, Oil and Gas for Ohio on
Q: Am I legally required to pay back previous owner for paying the gas bill after I bought the house?

I purchased the home in 6/2022. I wasn’t aware that the gas and electric were separate companies until 9/2022 when the previous owner reached out and wanted reimbursed for paying the gas bill from 6/2022-9/2022. She paid it for three months before saying anything. Do I legally have to pay her back?

Joseph Jaap
Joseph Jaap
answered on Feb 2, 2023

The home sale contract that buyer and seller sign, typically specifies that seller must pay for utilities through the date of the closing of the sale, and afterward the buyer is responsible. You would have to pay only if she sues you, the court finds you liable, and enters a judgment against you... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Is my child's father entitled to a portion of the child tax credit I receive on taxes?

We are in Ohio and the child is 2.5. Her father and I have been separated for over a year and I have always claimed her. He has her 3-4 days throughout the week, so physical custody is about even. He doesn't claim her due to his child support for his other child is extremely behind. There is... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Feb 2, 2023

If you were not married and there is no custody or support order then he cannot claim her on his taxes.

1 Answer | Asked in Medical Malpractice for Ohio on
Q: My child was born C-section with a huge bruise on his forhead. Which shouldnt happen. They then withheld him from us for

3 hours. I was givven an an epidural, that did not work at all. They were highly alarmed about it. Now my son has autism, sensory pro disorder. And can't speak. There doctors avoided me the entire 4 days in the hospital. He didnt even & do the circumcision! We have video and pictures as... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Feb 1, 2023

You have a very serious potential case.

It is important that you consult with an experienced medical malpractice attorney as soon as possible.

This is only general legal information and is not legal advice. You may not rely on this general information for your legal situation....
Read more »

1 Answer | Asked in Criminal Law and Municipal Law for Ohio on
Q: Felonies over ride Misdemeanors is that true in Ohio I had a charge out of mayor's court but went to prison on a felony

Is that mayor's court charge still active

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Feb 1, 2023

Felonies do not override lesser charges. There are usually two judges, common pleas and municipal, with two separate sentences for what you were found guilty. Sentences can be run concurrent or consecutive depending on the judge and facts. If the cases are related you have a shot of getting the... Read more »

1 Answer | Asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Ohio on
Q: When is it safe to remake and market old patents and copyrights and what are some things to be aware of?
Peter D. Mlynek
Peter D. Mlynek
answered on Jan 31, 2023

When the term of the patent or the copyright expires.

The idea of a patent is a contract between an inventor and the public, as represented by the government. The inventor discloses the invention, which is valuable to the public, to the society, and gets something in return. The inventor...
Read more »

1 Answer | Asked in Domestic Violence for Ohio on
Q: if I have been subpeoned on a domestic as a witness.do I have to testify against my husband
Matthew Williams
Matthew Williams
answered on Jan 31, 2023

If you are properly served with a subpoena you must come to court and testify. Marital and spousal privileges protect communications, not actions.

1 Answer | Asked in Family Law for Ohio on
Q: My brother had POA for my mother. However he started having I’ll intentions and my mother wanted me to have POA.

However we signed and notarized the POA in the hospital as she is competent. He is going to try and say she wasn’t competent, what can I do to protect my mother and the POA we signed in the hospital?

Joseph Jaap
Joseph Jaap
answered on Jan 31, 2023

When a new POA is executed that revokes the prior POA, until people are notified that the old POA has been revoked, they might still honor it and follow instructions from the old agent. So the new POA should be given to health care providers, banks, financial advisors, insurance agents, etc. so... Read more »

2 Answers | Asked in Divorce for Ohio on
Q: If my wife and I are starting to work through a divorce. do I stay in the house?

My wife indicates she is seeking a divorce. she has stated I should pack and move out. I pay the mortgage and utilities, my wife does not currently have a job.

Joseph Jaap
Joseph Jaap
answered on Jan 30, 2023

You need to talk to a lawyer ASAP. Use the Find a Lawyer tab to retain a local divorce attorney who can review your situation and advise you of your rights. Many offer free consultations, so talk to a few and find one to work with. Don't delay.

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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 Child Custody for Ohio on
Q: If grandma had custody of a child and the grandma die what happens to the child and both parents r unfit
John Michael Frick
John Michael Frick
answered on Jan 27, 2023

They will preferentially be placed with a willing relative who is not unfit, and failing that, with willing fit foster parents

1 Answer | Asked in Medical Malpractice for Ohio on
Q: How can I find out if my dads medical malpractice case has been closed. Ohio 1:2012cv01681
Joel Gary Selik
Joel Gary Selik
answered on Jan 27, 2023

Many Court's have the records online, sometimes they actually have the documents. You can see if it is open.

1 Answer | Asked in Real Estate Law and Probate for Ohio on
Q: I am married. We bought a home while married. Only his name was put on deed. What are my rights ? I want on deed

Attorney did this against our will. Said the grantor requested only his name be put on. Is that legal? This has caused major issues amongst the family. We paid for the house over 8 years paid cash to his mom. It was a quit claim deed. My name should of been put on right beside his at the same time.... Read more »

Aaron Epling
Aaron Epling
answered on Jan 27, 2023

He can quitclaim deed the property from himself to both of you with survivorship rights. If he's not willing to sign a quitclaim deed, then it gets more complicated.

2 Answers | Asked in Estate Planning and Family Law for Ohio on
Q: I would like to know how to revoke a power of attorney. My mother is competent, and wants POA moved to me.
Aaron Epling
Aaron Epling
answered on Jan 25, 2023

The most common way is for her to sign a new POA that includes language revoking any prior POA. You may want to consider recording the new POA as well.

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2 Answers | Asked in Estate Planning and Family Law for Ohio on
Q: I would like to know how to revoke a power of attorney. My mother is competent, and wants POA moved to me.
Joseph Jaap
Joseph Jaap
answered on Jan 25, 2023

Along with executing the new POA that specifically revokes the prior POA, anyone who received the prior POA should be notified that the prior POA is revoked, and provide a copy of the new POA. Until someone is notified that the prior POA has been revoked, they will have no way to know there is a... Read more »

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1 Answer | Asked in Criminal Law, Child Custody, Child Support and Probate for Ohio on
Q: If I'm 17 and on probation can I move out of my house if I have a stable place to move to and I stay in school as well?
Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jan 24, 2023

That is a question for your probation officer.

1 Answer | Asked in Family Law for Ohio on
Q: In ohio if I want to sign poa to my 24yr old daughter over my 15 yr old daughter do I have to go thru the court
Joseph Jaap
Joseph Jaap
answered on Jan 24, 2023

She would have to apply to the probate court to be appointed guardian. Use the Find a Lawyer tab to retain a local attorney who handles guardianships to review your circumstances and advise you.

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