Questions Answered by Joseph Jaap

Q: I live in my boyfriend's house with my 2 daughters, 16 &28. He said we cannot have any visitors ever. Can he do that?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Apr 22, 2019
Joseph Jaap's answer
It sounds like a difficult time. He is the owner. You and daughters are tenants. If you are moving out, it would seem best not to aggravate the situation further by having visitors come over. He could file an eviction action against all of you. An eviction is permanent court record and can make it difficult for your daughters to rent from a landlord who checks the records.

Q: adisneyworld.com is my domain name. can i use this domain name for amazon affiliate marketing?

1 Answer | Asked in Business Law, Identity Theft and Real Estate Law for Ohio on
Answered on Apr 22, 2019
Joseph Jaap's answer
Disney is likely to sue you for trademark infringement, which could allow them to collect damages and their attorney fees from you. Use the Find a Lawyer tab to talk to a local trademark attorney before using that domain name.

Q: our GC lied about being licensed,

1 Answer | Asked in Contracts for Ohio on
Answered on Apr 22, 2019
Joseph Jaap's answer
Yes, you can sue him. Use the Find a Lawyer tab and retain a local attorney to review the facts and discuss your options. The attorney can advise if it would be cost-effective to sue him. But even if you sue, and win, he might not have any money to be able to repay you.

Q: In marketing, can we mention that our products were previously sold under a trademarked brand name?

2 Answers | Asked in Copyright and Trademark for Ohio on
Answered on Apr 22, 2019
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local intellectual property attorney to review all the facts of the situation and advise you if the large company might take any action against you if you do that.

Q: Is the term "Food Revolution" trademarked?

1 Answer | Asked in Business Law, Copyright and Trademark for Ohio on
Answered on Apr 18, 2019
Joseph Jaap's answer
A trademark can be registered with the US Patent and Trademark Office, with any of the states, or with foreign countries. You can easily check the databases of any of those to find out if it has been registered. But there is no requirement to register a trademark. Many famous trademarks have not been registered. And even if a trademark is not registered, it still has legal protection under federal and state law, and an infringer can be held liable. So finding out that a trademark has been...

Q: My husband is in the hospital and his ex-wife is trying to say she should get my 12 year old stepson.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Answered on Apr 18, 2019
Joseph Jaap's answer
Check the parenting or custody agreement for anything that covers this situation. Also check the standard court guidelines for parenting that typically are incorporated into a custody agreement. The mother could file in court to make a change to the custody depending on the circumstances. Use the Find a Lawyer tab to retain a local family law attorney to review all of the documents and circumstances and advise you.

Q: What can I do about children climbing my fence to enter my back yard of my home within the city limits?

1 Answer | Asked in Civil Litigation and Personal Injury for Ohio on
Answered on Apr 17, 2019
Joseph Jaap's answer
You could ask them not to do that. Or you could talk to their parents or call the police and file a report. But depending on the age of the kids, they might retaliate in some way.

Q: Can a parent give up custody to stop paying child support if both parties are in agreement

1 Answer | Asked in Child Custody for Ohio on
Answered on Apr 17, 2019
Joseph Jaap's answer
A parent who does not have custody can still be required to pay child support. The court would have to approve any reduction in child support. Use the Find a Lawyer tab to retain a local family law attorney to review the situation and advise.

Q: My ex son-in-law was awarded parental rights of my 3 grandchildren, although my daughter is a good mother.

1 Answer | Asked in Family Law for Ohio on
Answered on Apr 16, 2019
Joseph Jaap's answer
She must file with the court to try to change the custody or visitation order. The court must determine what is in the best interest of the children based on all the testimony and evidence presented to the court. The court might or might not make a change. So your daughter should retain a local family law attorney to review all the facts with her, and advise her how best to proceed.

Q: Can a landlord hold you to a year lease if you have lost your job and let them know with 30 day notice?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Apr 16, 2019
Joseph Jaap's answer
They cannot get blood out of a turnip. They can sue for the extra months rent if you leave, if that's what the lease says, but they are unlikely to collect. Tell them so, and perhaps they will avoid wasting their time by suing you. If they sue, that becomes a permanent court record, and future landlords can find that, and make it difficult for you to rent. So try to work it out with landlord to avoid that.

Q: I have custody of my cousin, I want to hand over custody to his aunt. Do we have to contact the parents to do so?

1 Answer | Asked in Child Custody for Ohio on
Answered on Apr 15, 2019
Joseph Jaap's answer
That will have to be resolved in whatever court granted the custody. Transferring from OH to MD could be more complicated. Use the Find a Lawyer tab to retain a family law attorney in OH and possibly in MD also.

Q: Can a landlord evict me in Ohio if I paid my rent late and did not include on of two late fees? Fees exceed 5% of rent.

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Apr 12, 2019
Joseph Jaap's answer
Yes, landlord could file an eviction. It might get dismissed, but landlord can file it. If landlord files an eviction, that becomes a permanent court record, even if it later gets dismissed. That can make it difficult for you to rent from a future landlord who checks your name in the records. So try to work it out with landlord to avoid that problem.

Q: my twin daughters are 18 and want to come home and live with me their mother can they?

1 Answer | Asked in Family Law for Ohio on
Answered on Apr 12, 2019
Joseph Jaap's answer
Unless there is a court order that remains in effect, if they are 18, they are no longer minors and can live where they choose. Use the Find a Lawyer tab to retain a local attorney to review any court orders.

Q: I bought a car through a dealership, A, and I make my official car payments to loan group B. Can A repo my car?

1 Answer | Asked in Consumer Law, Business Formation and Business Law for Ohio on
Answered on Apr 9, 2019
Joseph Jaap's answer
If the car dealership has a valid lien on the vehicle for the amount you owe, then it could repossess the vehicle. Try to work it out with the dealer.

Q: How can I file for legal guardinship of my ex boyfriends son?

1 Answer | Asked in Child Custody for Ohio on
Answered on Apr 8, 2019
Joseph Jaap's answer
Check the local probate court for the guardianship process. You will need and attorney, so use the Find a Lawyer tab. Meanwhile, talk to children's services which might give you emergency custody to enroll him in school.

Q: My ex and I have a 5 yo daughter together. I have legal custody and he has visitation. We were never married.

1 Answer | Asked in Family Law for Ohio on
Answered on Apr 8, 2019
Joseph Jaap's answer
You need to retain an attorney to discuss all the facts of the situation, answer your questions, and advise you how to best present the facts to the court at the hearing. There is no way to guess the court's decision in advance. The court will have to hear all the facts and testimony from both you and the ex to determine what is in the child's best interest. Use the Find a Lawyer tab to retain a local family law attorney.

Q: what if someone never went through probate after death

1 Answer | Asked in Probate for Ohio on
Answered on Apr 8, 2019
Joseph Jaap's answer
If any property remains in their name, and legal title to the property must now be changed, there can be a probate filing now to resolve the property ownership among the heirs in the probate court. Use the Find a Lawyer tab to retain a local probate attorney where the person lived to review the facts and advise of the probate process. If the person has no remaining assets in their name, filing probate is not required.

Q: What r my rights if there is an eviction but I'm not in it and I have no lease but landlord knows 90 days at unit

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Answered on Apr 8, 2019
Joseph Jaap's answer
It is enough for landlord to post the notice on the door. If there is an eviction, the eviction includes all residents, so you would have to leave.

Q: I was storing a valuable coin in a friends safe. Now he is going thru a divorce. How can I get the coin back?

1 Answer | Asked in Divorce for Ohio on
Answered on Apr 8, 2019
Joseph Jaap's answer
Ask him to return it. But if it has become a subject of dispute in the divorce case, then you will have to submit proof of ownership.

Q: is a letter of intent to hire a contractor to do work pending a insurance claim binding

1 Answer | Asked in Contracts for Ohio on
Answered on Apr 5, 2019
Joseph Jaap's answer
There is no way to know without a review of the document that was signed. If contractor did not follow the proper consumer sales and home solicitation requirements and provide notices, then it would not be enforceable if it went to court. If you don't want the contractor to do the work tell him that, and that he failed to give you the 3 day right of rescission and failed to follow all the other consumer protection requirements. If he persists, use the Find a Lawyer tab to retain a local...

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