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Questions Answered by Joseph Jaap

1 Answer | Asked in Family Law for Ohio on

Q: What can I do to make sure non custodial parent returns children

My ex lives in Illinois where the divorce was done. The children and I reside in Ohio. The last time he had the kids for the first of his two weeks in the summer, he refused to release them back to me. I had to get the sheriff involved. I am worried to release the kids for second week because... Read more »

Joseph Jaap answered on Jun 25, 2019

You can tell him if he does it again, that you will again call the sheriff, and then you will file a motion with the court to have him held in contempt.

2 Answers | Asked in Real Estate Law for Ohio on

Q: Hello my home only list my husbands name in the event something happens to him do I automatically own it?

we are legally married and didn't really think anything about it until my daughter who works at a bank said I don't own it if I am not on the deed?

Joseph Jaap answered on Jun 25, 2019

If only your husband's name is on the deed, and there is no survivorship provision, then the house would have to be transferred through the probate court according to his will, or according to Ohio law if there is no will. So someone would have to file to open his estate. If he has no will, then,... Read more »

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1 Answer | Asked in Divorce for Ohio on

Q: Is he entitled to my house if he pays the mortgage? ? If I pay the house off while we are married does he get ½?

I live in Hamilton County, Ohio. I got married in 2015. My husband came into the marriage with credit card debt, told me he had none, and he continues to spend. If Credit Cards are in his name will I be responsible for ½ of his debt? I bought my home in 2006. It is in my name only and was... Read more »

Joseph Jaap answered on Jun 25, 2019

A divorce resolves the issues of what is marital property -- subject to being divided, and what is a spouse's separate property that the spouse gets to keep. If he has contributed to the payment of mortgage and other expenses, then the house might have initially been your separate property, but... Read more »

1 Answer | Asked in Family Law for Ohio on

Q: My 14 year old granddaughter doesn't want to visit her mom. Her mother abandoned her for 8 months.

Do I have to make her go? Her mother has mental and physical and emotional problems. My granddaughter has a learning disability and anxiety. She doesn't want to go. Please help me.

Joseph Jaap answered on Jun 25, 2019

You don't have to force her to visit. But if there is no custody order granting you custody, then mother could come and get her and call the police if you don't allow it. But if mother is unfit, then talk to children's services or use the Find a Lawyer tab to retain a local family law attorney to... Read more »

2 Answers | Asked in Immigration Law, Family Law, Child Custody and Juvenile Law for Ohio on

Q: Can a permanent resident get emancipated without fear of deportation?

I’m a minor who wants to be emancipated when I graduate at 17 and 4 months old. My father and I are permanent residents. If I can completely support myself by graduation and petition the court for emancipation, will I have a chance for them to allow it? Will I be an illegal immigrant then because... Read more »

Joseph Jaap answered on Jun 24, 2019

Ohio does not provide for emancipation in most situations. Here is more information:

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

When you turn 18, you are then legally an adult. Use the Find a...
Read more »

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1 Answer | Asked in Divorce, Family Law and Adoption for Ohio on

Q: I am married but I also pay child support and there is no court order is it legal for her to keep my children from me?

I live in celina ohio my wife currently keeps the kids from me for long periods of time like hides for no reason. She currently moved out of this trailer and her neighbors said a bunch of crazy things about her and what happened when she lived there but any ways. There is No court custody agreement... Read more »

Joseph Jaap answered on Jun 24, 2019

If there is no court order for custody, then each married parent has equal rights to the child. Use the Find a Lawyer tab to retain a local family law attorney to review your situation and advise you of your options.

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Ohio on

Q: Me an my wife are technically still married she has not let me see my child talk to or let me know if he is ok

Ia this legal...she supposely went an filed harassment charges on me but i have yet to get any paperwork.. It has been over 3 weeks since ive seen him an she also wont let me get any of my daughters cloths or childhood things that mean alot to her. She sold all of my mowers weedeaters mini bikes... Read more »

Joseph Jaap answered on Jun 24, 2019

Use the Find a Lawyer tab to retain a local family law attorney who can review the situation and advise you about filing for divorce and getting temporary orders so you can see your child.

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: My landlord is trying to charge me for damages a month after I vacated. How long does she have to charge me and what for

Ohio

Joseph Jaap answered on Jun 24, 2019

A landlord can sue for damages if they exceed the security deposit. The statute of limitation is several years, so she is well within the time to sue you. She would have to take evidence of the damage to court, such as photographs and invoices for having the work done. Try to work it out with... Read more »

1 Answer | Asked in Family Law for Ohio on

Q: My 16 year old daughter wants to live with me, but her mother has been the resident parent since she was little.

My daughter has decided that she wants to live with me. Her mother is putting her through a unstable living arrangement. I was wondering the procedure in Ohio for changing custody?

Joseph Jaap answered on Jun 24, 2019

You would have to file with the court for a change in custody. The court would determine what is in the best interest of the child. The court can take into consideration what she wants, but not liking to live under her mother's rules would not be sufficient. Use the Find a Lawyer tab to retain a... Read more »

1 Answer | Asked in Probate for Ohio on

Q: Probate case. Keep stalling dragging case out. Been 2 yrs. What can be d p nr

Joseph Jaap answered on Jun 20, 2019

Talk to the attorney handling the case to find out status. Probate cases can take time, depending on how complicated they are. The probate process gives people specified amounts of times to respond to certain filings, and those times can't be shortened. Use the Find a Lawyer tab to retain a... Read more »

1 Answer | Asked in Divorce for Ohio on

Q: Does anyone have the direct link to where I can get a copy of a waiver in Clark County Ohio

not to have to disclose finances in a dissolution case

Joseph Jaap answered on Jun 20, 2019

Their forms do not appear to be on line. Check this link:

https://www.clarkcountyohio.gov/DocumentCenter/View/2804

Or call the court and ask them where to get the form.

2 Answers | Asked in Divorce for Ohio on

Q: WHERE CAN I FIND WAIVER FORMS FOR A DISSOLUTION CASE NOT TO DISCLOSE FINANCES

Joseph Jaap answered on Jun 20, 2019

Here is a link to the Hamilton County, Ohio waiver form when there is no spousal support and no children.... Read more »

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1 Answer | Asked in Divorce for Ohio on

Q: I just finished a dissolution and the decree will include a name change to my maiden name. Can I not change my name?

Joseph Jaap answered on Jun 20, 2019

You are not required to change your name if you choose not to. The decree allows you to do it now, or at any time in the future.

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: Landlord is trying to evict me because of $110 in late fees. also demanded more than the amount in lease agreement.

Rent is $800/month, and can be paid by the week, at $200/wk.

She then asked for an extra $200 because she "realized that there is an extra friday in the month. Was already told that she cannot legally do this, but she is now filing for eviction based on $110 in "late fees". Can she do... Read more »

Joseph Jaap answered on Jun 20, 2019

If landlord files an eviction action, that is a permanent court record that cannot be erased, and can make it difficult to rent from a landlord who checks the records, and most do. So do what you must to try to work it out and avoid having landlord file an eviction, because even if the court... Read more »

1 Answer | Asked in Family Law for Ohio on

Q: With a shared parenting agreement is my ex allowed to make medical decisions about our children without talking to me?

Agreement only states I'm residential for school. Doesnt cover anything else.

Joseph Jaap answered on Jun 19, 2019

Check your parenting agreement for what it says about those decisions. If ex is residential parent for that purpose, then ex makes the decision. Of course, the parenting agreement expects the parents to communicate all important decisions about the children, and requires sharing of medical... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Ohio on

Q: I put a deposit down on an apartment a month ago and still haven't received a lease.

I've always been the first one to contact him and ask about any update (application approval, status of lease etc). He has stated that I'll have the lease at the end of the week (didn't happen) or the following week (after the next time I reached out - still hasn't happened). He didn't even contact... Read more »

Joseph Jaap answered on Jun 19, 2019

If you already moved in, getting the deposit back would be a problem. If you haven't, you would have to sue the landlord.

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1 Answer | Asked in Real Estate Law for Ohio on

Q: The house next door to us was purchased 7 years ago but the homeowners never moved in. The home has been neglected.

No utilities were ever turned on so the basement sump pump never worked therefore flooding the basement multiple times, 3-6 feet of water. Now the home is for sale. My question is: we've heard there is some sort of "nuisance" law where a buyer/home flipper can't just fix it up and sell it (to... Read more »

Joseph Jaap answered on Jun 19, 2019

That depends on local ordinances. Check with your local building and zoning department. If the home has become a nuisance in its present state, report that.

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: Raw sewage come in my apt and this has been an on going problem and my things got damage, is the landlord responsible

I had raw sewage in my apt and I had to wait until over 24 hours until the maintenance guy came to clean it up and then he didn't clean it up right. Now this is a on going problem that I have been having since living there. My refrigerator went out also so my food went bad so I had to throw it out.... Read more »

Joseph Jaap answered on Jun 19, 2019

With the excessive rainfall this spring, this is a common problem. You could sue the landlord for the cost of the damage, and the court would decide if landlord is liable, or if it is because of rain and beyond landlord's control. You can start paying your rent into escrow with the local court,... Read more »

1 Answer | Asked in Divorce, DUI / DWI and Family Law for Ohio on

Q: My stepson recently informed us that his mother drove drunk with him in the car. What is our best course of action?

My stepson is 13 and they were at a park for a party. His mother reportedly had been drinking, and then proceeded to drive home. Prior to leaving the park, she drove into a tree, as well, and her husband continued to allow her to drive home. My stepson advised that he was very scared, and my... Read more »

Joseph Jaap answered on Jun 19, 2019

The first step would be to talk to her about it. Does she have a problem? Is she alcoholic? Would her husband deny what your stepson says? Was an insurance claim filed for hitting the tree? If so, if you file with the court for a change in custody, and you could get a copy of that. Use the... Read more »

1 Answer | Asked in Family Law for Ohio on

Q: How do I file contempt of court papers in a family court?

Ex wife is not allowing visitation of child. We have shared parenting agreement and she is the residential parent. She also has possesion of vehicle we purchased together while married and is responsible for the payments and is chronically late on them. My wish is that she refinances the loan in... Read more »

Joseph Jaap answered on Jun 19, 2019

Check the court web site for the form to file a motion for contempt. If the web site does not have a form, check these links to forms:

https://www.supremecourt.ohio.gov/JCS/CFC/DRForms/Form21.pdf

https://www.supremecourt.ohio.gov/JCS/CFC/DRForms/Form22.pdf

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