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Questions Answered by Joseph Jaap
1 Answer | Asked in Divorce for Ohio on
Q: I am going through a dissolution and I was told to bring a judgement entry form.

Do my ex and I fill it out and sign it or does the judge fill it out?

Joseph Jaap
Joseph Jaap answered on Mar 31, 2020

You must prepare the form and take it to the hearing with you for the judge to sign. Check if the court web site has a form or call them.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can a new property management company charge additional fees with no notification or new lease with them yet?

No notice was given about fees they are trying to currently trying to charge me. I am currently month to month. We discussed signing a new lease but have not received any paperwork or told when a new lease has to be signed

Joseph Jaap
Joseph Jaap answered on Mar 31, 2020

A month to month can be terminated at the end of any month by landlord or tenant by giving 30 days written notice. Notice given March 31 terminates the lease on April 30. If you don't agree and pay the new fees, then they can evict you.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Ohio on
Q: I'm 17 a junior in high school, my birthday is in four-months till I'm 18. I'm worried about there well being as I worry

I may do harm to them. And have been verbally abused by a parent for many years. And I have strong evidence of that. The stress and the strictness and verbally(and some have been physical abuse) of the household is big and compare to a normal family. Could I take this to a court to be able to... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 31, 2020

When you are 18, you are no longer a minor and can make your own decisions, move out, support yourself, etc. Until then talk to a teacher, family member or other trusted adult.

1 Answer | Asked in Small Claims and Civil Litigation for Ohio on
Q: Ex girlfriend is driving a truck in my name. Can I make her pay the loan off so I can transfer out of my name?

My ex girlfriend and I separated in June 2019. The truck she drives is in my name (loan and insurance). She has been making the monthly payments on the loan and insurance, but I want to get everything out of my name to protect myself since we are not together. Her previous car was also in my... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 31, 2020

If yours is the only name on the title to the truck, then you are the owner, and you can go get it back. Then you can sell it to pay it off.

1 Answer | Asked in Family Law for Ohio on
Q: My daughters father and I never married he is on her birth certificate I plan on moving to OH does he have any rights ?

We have since split she lives with me and I have been the the only one working the majority of the time to support her

Joseph Jaap
Joseph Jaap answered on Mar 30, 2020

If you leave your current state, he could file for custody there, and the court could require you to return the child. Use the Find a Lawyer tab to retain a local family law attorney to advise you before you leave.

2 Answers | Asked in Family Law for Ohio on
Q: With the current stay at home order, can I refuse visitation?

My sons father works in a hospital, the grandmother in the home has returned from Washington state, along with her 2 other grand children, my son has been forced to stay with his aunt outside the home who then sent him to an out of the home babysitter. My son has asthma and epilepsy. Rendering him... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 30, 2020

Talk to the other parent about your concerns. If you refuse visitation, then explain the situation to the judge if the other parent files to have you held in contempt. The judge could order you to pay his attorney fees, and give him additional visitation time to make up time he lost.

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Roof leaking, water poring down walls. No lease.
Joseph Jaap
Joseph Jaap answered on Mar 29, 2020

Take photos. Document damage. Contact landlord. If not fixed, then start paying your rent into escrow with your local court, or move out and sue landlord in small claims court. Or call a roofer to fix it, pay for it, and sue landlord in small claims court for reimbursement. Or with no written... Read more »

1 Answer | Asked in Estate Planning for Ohio on
Q: Are Ohio dower-rights enough to protect me if I am not on the title of our new home?

I am concerned that our state's dower-rights are not enough to protect me in the event of divorce or death of a spouse if my name is not on title of our new home. Should we seek consultation from a real estate attorney to get something in writing to ensure I have equal ownership of the home in any... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 29, 2020

Yes, you should use the Find a Lawyer tab to retain a local estate planning attorney who can review your entire situation and advise you accordingly.

1 Answer | Asked in Divorce for Ohio on
Q: My S/O got a divorce and His ex wife never changed her name to his. But the agreement has the married name, it is legal?

My boyfriend got a divorce 6 years ago but his ex never legally changed her last name to his but on the divorce agreement at the top it has her name being changed. If that wasnt her legal name does the document still have affect?

Joseph Jaap
Joseph Jaap answered on Mar 28, 2020

It is valid. She is not required to change her name.

1 Answer | Asked in Family Law for Ohio on
Q: I lost my parental rights in Ohio in 2014 due to a drug problem. Im 5 years clean now. Can I get her back or visits?

Her father and I both had drug problems. His parents got custody and I cant see my child. Even though Im nearly 5 yrs clean. Her dad sees her as he pleases and still uses. Its not fair or right and Ive worked hard on my sobriety for my daughter and Id like to be in her life if possible. Please help... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 27, 2020

Use the Find a Lawyer tab to retain a local family law attorney who can review all the facts and advise you of your options.

1 Answer | Asked in Family Law and Juvenile Law for Ohio on
Q: My niece was kicked out 3 weeks ago and the mother has had barely any contact with her, has not seen her , nothing.

She is 17 and her mom refuses any type of temporary guardianship til she is 18 in Sept. But doesn't tell her when and if she can ever come home I don't know what to do. i just want the best for her and honestly I believe it is with me. What if anything can I do?

Joseph Jaap
Joseph Jaap answered on Mar 27, 2020

Contact your local children's services which can give you temporary custody.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Ohio on
Q: Will the landlord have any ability to charge me extra fees or keep my security deposit?

I sent a certified letter to the landlord on March 4, 2020 letting them know I'm moving out at the end of April. This was well within the required 45 day notice as my lease auto renews in May (the 15th I believe) if notice is not given. He never picked up the certified letter and it was returned to... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 27, 2020

Send it by FedEx and get delivery confirmation. Nobody refuses FedEx. Anybody can sue for anything -- so landlord could sue you for breach of the lease and say it auto-renewed because you didn't give proper notice. But at the hearing, you can provide evidence of your attempts to deliver notice.... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: how can I legally leave my parent's house.

I am 17 and in ohio. My parents have been verbally and physically abusive but my parents always convince cps or the police that i cant be controlled. I wanted to get emancipated but i dont think i can because they made me quit my job. They would never agree to let me live anywhere else, and if I... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 26, 2020

Ohio does not allow emancipation, even if you did have a job. Until you are 18, your parents are responsible for you. If you go somewhere else, you could get in trouble, and so could whoever you were staying with. If your parents are physically abusive, call the police yourself, or call your... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: The father of my 12 year old who doesnt pay child support. And we were never married and has domestic violence charges

Thinks He can get custody of my daughter if she says she wants to go live with him because she will be 13 she will have a say so .. Because he is getting a ss check and because i have more than one child with other people ..

Joseph Jaap
Joseph Jaap answered on Mar 26, 2020

If has been ordered to pay child support and is delinquent, and has DV convictions, then that will make it difficult for him. But if he has never been ordered to pay child support, then he would not be delinquent. Either way, he can file with the juvenile court seeking custody. The court will... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Im 16 ill be 17 in 3 months.

Can i move out without my parents consist? If my officer that checks up on me daily gives me permission to live with my sister down the street? My mom is super weird. When it comes to her boyfriend its all about him. She doesnt care about her kids. Hes super mean and she doesnt realize nor care... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 26, 2020

Until you are 18, you are a minor, and your parent is in control, and if you leave, you can get in trouble, and so could your sister if you go stay with her without permission. If there are problems at home, talk to the officer and your sister (if she is 18 or older), and have them help you.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: Children service worker told foster family they was going to be able to adopt my son. Is that legal? What can I do?

My old case worker who is now fired(unrelated issues) told the foster family of my son they would be able to adopt my son even while I was Fighting for him doing the case plan and now my aunt is willing to adopt him and the foster family thinks they should be able to fight it. They have been... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 26, 2020

Since you are represented by an attorney, and that attorney is familiar with all the facts and circumstances, you should consult that attorney about it. Or your aunt could use the Find a Lawyer tab to retain a local attorney to represent her in trying to gain custody.

1 Answer | Asked in Employment Law and Contracts for Ohio on
Q: Would a lay-off due to the corona virus void my apprenticeship contract with my current employer.

I am in an apprenticeship program with a company that pays for my schooling. I signed the contract as a way to secure a job for 6 years. Now three years later management has become very toxic and it is just not a company that i want to work for anymore. The problem is if i were to leave the company... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 26, 2020

It all depends on the exact terms in the contract and all the other circumstances of the layoff and the current virus orders. The legal impact of layoffs because of the virus are unknown, and the courts will have to sort that out over the coming months and possibly years. Your company should... Read more »

2 Answers | Asked in Landlord - Tenant for Ohio on
Q: I received eviction noticed and have upcoming court date. The landlord is texting me demanding rent money in meantime?

She (landlord) keeps texting me a lot, saying someone will be moving in on april 1st 2020 even though we are set to go to court to have a judge hear the case which is set for after april 1st. Then says she wants rent money if Im going to stay and wait on the court date to take place. Can she... Read more »

Joseph Jaap
Joseph Jaap answered on Mar 26, 2020

Most courts in Ohio have suspended operations, including evictions. Those hearings will all have to be rescheduled. Check with the court to determine if your eviction hearing is still scheduled.

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1 Answer | Asked in Real Estate Law for Ohio on
Q: I live in Ohio,is property that was mine going into a marriage then considered mutual property?
Joseph Jaap
Joseph Jaap answered on Mar 25, 2020

Property owned separately could be considered your separate property. But depending on the type of property, and the circumstances of how it has been maintained and used, your spouse could claim that it, or a portion of it, or any increase in its value during the marriage, is marital property,... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Does everyone have to file the income and expenses paperwork to file for dissolution?

Separated for a year, agree on everything including child support, everything has already been divided.

Joseph Jaap
Joseph Jaap answered on Mar 25, 2020

Check court's web site for the forms that it requires. Typically, both spouses must submit the income and expense forms, which must be signed and notarized, even if everything has been agreed. That way, if a spouse hides an asset and fails to disclose it, there is a court record of it.

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