Questions Answered by Joseph Jaap

Q: I need a "proposed entry to be filed" with a motion, what does this mean? to change my parenting time?

1 Answer | Asked in Family Law and Child Custody for Ohio on
Answered on Feb 21, 2018

The entry is the order that the judge signs to implement whatever action is requested in a motion, if the judge grants it. Check the court's family law clinic for assistance or use the Find a Lawyer tab to retain a local family law attorney to assist you.
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Q: Can I file for legal guardianship of my brother if his foster family has legal guardianship and his CSB case is closed?

1 Answer | Asked in Child Custody for Ohio on
Answered on Feb 21, 2018

You can. But use the Find a Lawyer tab to retain a local probate attorney who handles guardianship to review the situation and advise you. A court would look at all the circumstances and determine if it is in the best interest of your brother to remain where he is.
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Q: I just got a call from a collection agency claiming that I was speeding in a small town near my home 3-1/2 years ago.

1 Answer | Asked in Civil Litigation for Ohio on
Answered on Feb 20, 2018

The registered owner of the car is liable. You can try to fight it, or pay it - you could split it 4 ways. If turned over to collection, there are various ways they can use to force you to pay it, like not renewing a license, or reporting it to the credit bureaus to lower your credit score. Google Ohio speed cameras or use the Find a Lawyer tab to retain a local attorney.
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Q: I currently have my daughter and trying to file for full custody if mother Does not show up to court what happens?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Answered on Feb 20, 2018

Whether or not the court finds her, based on what you said, the court is likely to grant you full custody. Use the Find a Lawyer tab to retain a local family law attorney to assist you.
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Q: I have custody of my granddaughter her mom has visitation and some vacation my paper say I have to be notified in writin

1 Answer | Asked in Child Custody for Ohio on
Answered on Feb 20, 2018

If a text is sent and acknowledged, a court could consider that adequate notice as a written notice.
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Q: Can a parent move far away taking their kids - while still legally married with no parenting agreement in place?

1 Answer | Asked in Adoption, Child Custody, Divorce and Family Law for Ohio on
Answered on Feb 20, 2018

Without a court order for custody, either parent can move with the children, and no permission is required. But the other parent then would have to file with the court to try to sort out the custody issue in a divorce or legal separation. If Ann is going to law school, she should know to talk to an attorney. She can use the Find a Lawyer tab.
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Q: There is a clause allowing me to break lease if transferred out of state. Does this apply if I own my own business?

2 Answers | Asked in Contracts and Real Estate Law for Ohio on
Answered on Feb 20, 2018

You can try. Talk to the landlord. But if landlord does not agree, and you leave, landlord could sue you for the rent for the remainder of your lease, minus any amount of rent from re-renting to a new tenant. The court would then determine if that lease language gave you a valid basis to terminate. Or landlord could decide not to sue, but make an adverse entry on your credit record, lowering your credit score and making it more difficult to rent from a landlord who checks your credit.
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Q: How to get custody of my two Cousins, after my cousin signed custody over to her husbands parents.

1 Answer | Asked in Adoption, Child Custody and Family Law for Ohio on
Answered on Feb 20, 2018

Use the Find a Lawyer tab and retain a local family law attorney who can review all the facts and advise you what your options are. It depends on an assessment of all the facts.
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Q: Mineral rights ownership required to merge two parcels?

1 Answer | Asked in Energy, Oil and Gas and Real Estate Law for Ohio on
Answered on Feb 20, 2018

It depends on when and how the ROW was granted and to whom and for what. The owner of mineral rights might retain the ROW. Use the Find a Lawyer tab to find a local real estate attorney familiar with mineral rights to review the deeds, easements, and any other documents of title to advise you.
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Q: Must I sue my boyfriend for child support to divorce my husband? What if my husband doesn't show up for court?

1 Answer | Asked in Divorce for Ohio on
Answered on Feb 20, 2018

If your husband won't cooperate, you can file for a divorce. He doesn't have to sign any divorce documents, but if he will sign for receipt of certified mail, then the divorce can proceed, or else you can publish it in the newspaper. Use the Find a Lawyer tab to speak with some other local divorce attorneys and find one who you can work with.
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Q: My wife left my house 30 days ago her name is not on the deed can i change the locks

1 Answer | Asked in Divorce for Ohio on
Answered on Feb 20, 2018

If you do, she can change them back and gain entry. It is still the marital home, and unless a court issues an order granting you exclusive occupancy as part of a divorce proceeding, she has the right to be there. It does not matter that her name is not on the deed. Until a court orders otherwise, it is still considered marital property. Use the Find a Lawyer tab and retain a local divorce attorney to review and advise you.
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Q: I received a death threat from the man living below me. We are coworkers and there were witnesses.Can I end lease early?

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Ohio on
Answered on Feb 19, 2018

That does not provide a legal defense if you leave early, and if landlord sues you for unpaid rent for the remainder of your lease term. But landlord can only collect unpaid rent, minus any amounts collected from re-renting, and landlord has to take reasonable steps to re-rent. Even if landlord doesn't sue, landlord can make an adverse entry on your credit record, lowering your credit score and making it more difficult to rent from a landlord who checks your credit. But if that is what it...
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Q: Do I need a lawyer? Or can I get legal separation / divorce without one?

1 Answer | Asked in Child Custody, Divorce and Family Law for Ohio on
Answered on Feb 19, 2018

You need a lawyer for legal separation, dissolution or divorce. If you file for divorce, you can also file for temporary support and for your spouse to pay your legal fees. Use the Find a Lawyer tab and speak with a few local family law attorneys to find one to work with you. Or check for local law school legal clinics or legal clinics at your local court that offer assistance.
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Q: Can the owner of the house I’m staying in change the locks with all of my things, including military gear, inside

1 Answer | Asked in Real Estate Law, Small Claims and Landlord - Tenant for Ohio on
Answered on Feb 19, 2018

Try to work it out. Or sue the owner in small claims court yourself for a claim up to $6000.
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Q: Our friend has lived in one of his uncle's houses for over 30 years. Uncle dies can his kids take house? Ohio

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Probate for Ohio on
Answered on Feb 19, 2018

The uncle's wife, kids, or other next of kin will get the house according to the will, or according to Ohio law if he left no valid will. The nephew, your friend, would only have rights to the home if the will says so.
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Q: On a joint car loan, is there a way to legally exempt someone from being financially responsible for the loan.

1 Answer | Asked in Contracts and Real Estate Law for Ohio on
Answered on Feb 19, 2018

You both could sell the car. That would end the loan. The mortgage broker would have the best alternate suggestions.
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Q: parents lost rights to kids had another kid was taken also but now able to get him back is this possible?

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Answered on Feb 19, 2018

You would have to use the Find a Lawyer tab to retain a local family law attorney to review all the facts and answer your questions, and advise what steps you can take.
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Q: Grandparents are trying to get custody of my son, can they put him on stand at 8?

1 Answer | Asked in Child Custody for Ohio on
Answered on Feb 19, 2018

That would be unlikely, but it could happen, or the judge or magistrate might talk to him. Use the Find a Lawyer tab and retain a local family law attorney.
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Q: Can a owner sell a house that has a land contract agreement?

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Feb 19, 2018

Use the Find a Lawyer tab and retain a local real estate attorney immediately to advise you. The attorney can advise you if your land contract is valid, and what rights you have. And then the attorney or you can deal with the owner and buyer.
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Q: My 19yr old dghtr wants to sign over custody of her 2yr old son. Babies father is in military in SC.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Answered on Feb 19, 2018

So use the Find a Lawyer tab and retain a local family law attorney to assist you with the process of getting custody.
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