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Questions Answered by Joseph Jaap
1 Answer | Asked in Family Law for Ohio on
Q: 2/14/16 I married a Chinese national. She was ordered to leave the US on May 24th of 2018 and can not return.

It was discovered during immigration process that she had misrepresented information on her VISA application and can not get another VISA to return. Since there is no chance of her being able to return my only choice is a divorce. I need help.

Joseph Jaap
Joseph Jaap answered on Jan 23, 2020

Use the Find a Lawyer tab to locate a local divorce attorney who can review the situation and advise you how best to proceed. You will be able to get the divorce, but the attorney will have to help you.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: If the baby is born in Ohio, how soon can I start the court process to fight for full custody after she is born?

I have a baby on the way, she will be born within the next month. However, I see the mother as unfit to raise a child. I want to fight for full custody of my child when she is born. Is the other parent allowed to leave to another state (with the child) while a custody battle is in process? What is... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 23, 2020

The custody process should start with you consulting a family law attorney. After the child is born, you would have to prove paternity, then file for custody with the court. The court would decide what is in the best interest of the child based on evidence and testimony properly submitted to the... Read more »

2 Answers | Asked in Domestic Violence for Ohio on
Q: My boyfriend got charges with domestic violence and assault. The state picked it up. Will he got to jail? What can I do?
Joseph Jaap
Joseph Jaap answered on Jan 22, 2020

If you receive a subpoena to testify, then you go and testify. The court will then decide what happens to him. He should use the Find a Lawyer tab to get an attorney to represent him.

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2 Answers | Asked in Real Estate Law for Ohio on
Q: A lawyer with a condo association is telling us that the month-to-month lease we have with a tenant cancels and restart?

A lawyer with a condo association is telling us that the month-to-month lease we have with a tenant cancels and restarts every month and therefore we need to go before the board every month to get this "new" lease approved. Is he a$$ backwards like he seems?

Joseph Jaap
Joseph Jaap answered on Jan 21, 2020

How often a lease review is required, depends on what your lease says and what the condominium declaration and bylaws say, and any rules established by the board for leases, and how the board implements those rules. If you don't comply with what the board requires, they can take those actions... Read more »

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1 Answer | Asked in Family Law for Ohio on
Q: if i cant get emancipated whats the next best thing for a 16 year old tryna get out of their current living situation?
Joseph Jaap
Joseph Jaap answered on Jan 21, 2020

Talk to a family member, teacher, school counselor, or other trusted adult about your situation.

1 Answer | Asked in Family Law for Ohio on
Q: emancipation advice?

in the state of ohio what can someone get emancipated for at 16 BESIDES child abuse, being pregnant or married.

Joseph Jaap
Joseph Jaap answered on Jan 21, 2020

Ohio does not allow emancipation in other situations. See this link:

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

If there are problems at home, talk to your parents, a family member, teacher, school...
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1 Answer | Asked in Divorce for Ohio on
Q: Been married almost 29 years and need a divorce. My husband is the sole financial provider. Will I be out on the street?

I haven't worked outside the home in over 20 years. I raised the kids and took care of them, husband and house. I am 49 so that's too old to start a career or make a living wage. My husband likes to say" go ahead and leave if you're not happy here" knowing I don't have a job. Is it true that I'm... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 21, 2020

Yes you have rights, and a divorce could require your spouse to pay you spousal support (alimony). With a long duration marriage like yours, spousal support would be very likely, although it might not be enough, so you might have to supplement that amount by working. The divorce would also divide... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: I was living with my son mom for the frist 6 month of his life then she told me to leave. I have no vistion set up.

Then she told me to leve

Joseph Jaap
Joseph Jaap answered on Jan 21, 2020

If you are not married to the mother, and if you have not established paternity, and if a court has not granted you parental rights, then the mother has sole legal custody and gets to decide who can spend time with the child, and she can prevent you and anyone else from seeing the child. You can... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: how Can I find out if I should sue previous homeowner for repairs that were supposedly made that I’m finding were not

Had a leak from upstairs bathroom that was supposedly fixed and found out they never replaced the seal behind the overflow and that’s what the water was from also had an electrician out for an estimate for a new breaker box and he said the new grounding that was installed was also not done... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 21, 2020

Contact the seller and work out who will pay. If seller won't agree, use the Find a Lawyer tab to retain a local attorney to review the facts and advise you. Depending on the cost of the repairs, it might not be cost-effective to sue the seller. Or you could sue seller in small claims court.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: landlord trying to evict so his mom can move in and I have a year lease

The landlord is saying we removed a carpet in the house but we didn’t and he is trying to kick us out we have a year lease with him and he told us like a week ago that if we wanted to move out now we can and then told us that he wanted to move his mom into the house we are in what can we do

Joseph Jaap
Joseph Jaap answered on Jan 21, 2020

If there is a valid written lease, then tenant is entitled to remain until the lease expires. Landlord would need a valid basis to get an eviction. Try to work it out with landlord or retain a local real estate attorney to contact landlord to advise that he has no basis to evict you.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: had to break my lease and gave 60 day notice I am charged for 2 months rent is this legal if they rented my apartment?

Lease states 2 months rent due and will lose my deposit. Can they charge me this if they have already found another renter? Double charging?

Joseph Jaap
Joseph Jaap answered on Jan 21, 2020

No law prohibits that. A landlord is not obligated to allow a tenant to break a lease early, and it can require whatever payment the tenant will agree to. If you agreed to that, then they can seek that payment. If you don't pay, they could sue you, and the court might not allow them to collect... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: My mother just died in Pennsylvania. She owned property in Florida. she put my stepsisters name on deed.

With my step sisters and her husbands name on deed, did I lose rights to the property as her naturally born son?

Joseph Jaap
Joseph Jaap answered on Jan 21, 2020

She was free to designate who would get her FL property. As an heir, you might be entitled to a share of other assets of her estate, but it depends on whether she already made designations and what she put in her will.

Use the Find a Lawyer tab to consult a PA probate attorney where she...
Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I moved into an apartment 5 months ago and I spotted black mold. What steps should I take before consulting a lawyer?

I moved into this apartment 5 months ago and I started making repairs to the apartment to make the place seem like home. I stumbled upon black mold in my window sill and moisture trapped in the window.

Joseph Jaap
Joseph Jaap answered on Jan 21, 2020

Give landlord written notice of the problem. If not fixed in a reasonable time, you can start paying your rent into escrow with the local court. Check its web site for the rent escrow process.

1 Answer | Asked in Family Law for Ohio on
Q: i am 16 years old almost 17 an i am wanting to be emancipated .. do you think i could?

i moved here nearly two years ago with my grandparents .. my mom an dad dont have custody of me since i moved here a lot has occurred . there was a situation that lead her husband to have to move out.. there is a lot of resentment for one another because of it i think even though she made him... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 17, 2020

You must stay with those who have custody, as required by the court's custody order. Ohio does not allow emancipation in your situation. See this link:

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

1 Answer | Asked in Civil Rights, Real Estate Law and Land Use & Zoning for Ohio on
Q: Help with understanding how this is fair? It seems like it should be illegal .

While trying to install a sewage system my town lost money on two occasions by hiring companies that didn't finish the job. So to make up for this loss they force you to hook up to their sewage , charge a seemingly large amount every month for doing so, and if you get behind disconnect you, add a... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 17, 2020

Public sewer issues are usually handled locally. Use the Find a Lawyer tab to retain a local attorney who can review local ordinances and advise you.

1 Answer | Asked in Adoption and Family Law for Ohio on
Q: would my friends dad be allowed to gain guardianship of me if both my parents are dead

My stepmother and i don't get along at all and i don't have any family

Joseph Jaap
Joseph Jaap answered on Jan 17, 2020

He could try. He would have to file for guardianship in the probate court. Talk to him about it.

2 Answers | Asked in Copyright for Ohio on
Q: Can you publish a book as a sequel to a CS Lewis series not in public domain? No changes were made to his original work.

Chronicles of Narnia: Susan was left behind in the final book "The Last Battle". Lewis recognized the story was incomplete in a 1960 letter to Pauline Bannister and suggested she finish it. This is my attempt to do just that and complete Susan's story. I was very careful to make no changes to his... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 17, 2020

There is a lot of fan fiction published on-line, so it is difficult for the owners of copyrights to monitor all that. But since the Narnia books have been made into movies, the production companies or whoever still owns the rights to those works could take action against you. Use the Find a... Read more »

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1 Answer | Asked in Landlord - Tenant for Ohio on
Q: All the money I had was used for oving expenses when I moved in on 12/13, but I needed to pay another full month on 1/1

The last couple weeks of the year are really bad at work for business and I couldn't pay on time. The last couple weeks have been better and was planning on paying what I owed this Monday 1/20, but I came home from work today and found an Eviction Notice on My door saying I need to vacate the... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 17, 2020

The only thing you can do is try to work it out with landlord. But landlord does not have to agree, and can proceed with the eviction. If a tenant is facing money problems, it is always better to tell the landlord ahead of time, and try to avoid this. For non-payment of rent, landlord posts the... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: If a person has custody of a child through the courts and allowed the biological mother to raise her son or daughter

The biological parent can show shot and school records which the person that has custody can not. Can the biological parent get the child back?

Joseph Jaap
Joseph Jaap answered on Jan 16, 2020

That decision is up to the court based on all the evidence that the biological parent presents, what the person says, and what the court thinks is in the child's best interest. Use the Find a Lawyer tab to retain a local family law attorney to review the situation and advise you how to proceed.

1 Answer | Asked in Child Custody for Ohio on
Q: The courts gave my cousin full custody of my son and she allowed me to raise him myself since he was 2 he is now 12.

I have school, shot records and tax information that shows I’ve been taking care of my son. Can I get custody back again?

Joseph Jaap
Joseph Jaap answered on Jan 16, 2020

That decision is up to the court based on all the evidence that you present, what your cousin says, and what the court thinks is in the child's best interest. Use the Find a Lawyer tab to retain a local family law attorney to review the situation and advise you how to proceed.

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