Questions Answered by Joseph Jaap

Q: I'm turning 18 in October, but will still be in high school. Can I move out without my mother's consent in October?

1 Answer | Asked in Juvenile Law for Ohio on
Answered on Jun 24, 2017

When you are 18, you are no longer a minor, so you can make your own decisions, mistakes, and live with the consequences. Will you still have health insurance? Plans to continue education after high school? Someone to help you if you get sick? Talk to a school counselor, family member, or other trusted adult.
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Q: After being married for a year, and me not working for 2 years because my husband didn't want me to work, can I get

1 Answer | Asked in Divorce for Ohio on
Answered on Jun 24, 2017

You might be able to get temporary spousal and child support during a divorce. Use the Find a Lawyer tab to consult a local family law attorney who can advise you about spousal and child support to be ordered after the divorce is finalized.
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Q: I live in Ohio, Me and My children's father were never married.Can he stop me from moving to florida in a month?

1 Answer | Asked in Child Custody for Ohio on
Answered on Jun 23, 2017

It seems he just asked the same question. OH has jurisdiction over the children. You would have to live in FL for a certain amount of time before FL would have jurisdiction. So the father could file here in OH, and the OH court could require the children to be returned. Use the Find a Lawyer tab to consult an OH family law attorney and a FL family law attorney.
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Q: My fiances childs mother is wanting to move to florida for the 2nd time within an 8 month period. They have court aug.7

1 Answer | Asked in Child Custody for Ohio on
Answered on Jun 23, 2017

He should use the Find a Lawyer tab and consult a local family law attorney ASAP who can review the facts of the situation and advise him. If she does go to FL, the OH court could require her to return the child, but that could become a difficult process for your fiancé.
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Q: I just turned 16, and I live in Ohio. My dad who has really bad health wants to sign to make me emancipated can he?

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Ohio on
Answered on Jun 23, 2017

No, he can't. Here is information on emancipation at this link: https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx

If returning to live with your mother and abusive stepfather is not an option, then talk to other family members or other trusted adults about the situation.
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Q: How much should my ex pay me for child support and how many days a week should he have him for 50/50 custody?

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Answered on Jun 23, 2017

Ohio has a Child Support Worksheet that calculates a child support amount based on incomes of both parents and other factors. That calculated amount can then be adjusted for other circumstances. Shared parenting can be split however works best for the children and the parents. If the parents cannot agree, then the court will set the schedule based on what is in the best interest of the children. Many counties have standard parenting schedules to use as a starting point. Check your court's...
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Q: What charges can I face if I attempt adverse possession of a home in Ohio?

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Jun 22, 2017

The bank would have to allow you to stay there for 21 years for you to be able to assert adverse possession. The bank will consider you to be a trespasser, and it could call the police to deal with you. You could be charged with criminal trespass, and the bank could sue you for any damages.
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Q: My girlfriend and I are split. I'm on my daughters birth certificate but other than that, no court order for anything.

1 Answer | Asked in Child Custody for Ohio on
Answered on Jun 22, 2017

Until you go to court and establish parental rights, and the court issues a custody order, the mother has sole custody, can live wherever she wants, and has no obligation to tell you where. She alone can decide who can have contact with the child, and who can't. Use the Find a Lawyer tab to consult a family law attorney.
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Q: Me and my children's father were never married and there was never a custody done through the courts. But he pays child

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Answered on Jun 22, 2017

Use the Find a Lawyer tab to consult a local family law attorney who can review all the facts and then advise you. You currently have legal custody of both, and you determine where they will live, but if the father goes to court, the court could grant him parenting rights and specify where each will live. The court could require them to stay in Ohio. Consult an attorney.
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Q: Do the last names on home owner's insurance policy and mortgage loan/deed have to match?

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Jun 22, 2017

It should not be a problem, but if you are worried about insurance coverage, ask the insurer to list both your current and former names on the policy. Work with your insurance agent to resolve it.
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Q: My girlfriend wants to move in with her grandma. How can she do this legally?

1 Answer | Asked in Child Custody and Family Law for Ohio on
Answered on Jun 22, 2017

If she is not yet 18, then she is a minor. If there is physical abuse, she should report that to the police, child services, a family member, teacher, or other trusted adult so they can help her.
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Q: My ex sister in law is wanting to give me temporary custody of her 17 year old child does it have to go through a court

2 Answers | Asked in Family Law and Child Custody for Ohio on
Answered on Jun 22, 2017

Are you in the same state as she is? Would the child be able to enroll in school where you live? Will you have a medical power of attorney for the child? Will the child have health insurance coverage? You both should consult a local family law attorney to discuss the situation.
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Q: At Juvenile sentencing in Ohio; the Judge would not let my son express remorse. Was this a violation of his rights?

1 Answer | Asked in Juvenile Law for Ohio on
Answered on Jun 22, 2017

There is a limited time to appeal. Use the Find a Lawyer tab and consult a local attorney about the situation, who can advise if there is a basis for any appeal.
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Q: After 20+ years of employment my company is issuing a company handbook, should i have it reviewed by a lawyer?

1 Answer | Asked in Contracts and Employment Law for Ohio on
Answered on Jun 21, 2017

You can, but to what purpose? It won't be negotiable. Unless you are covered by a union, the company can impose whatever employment terms it wants. In Ohio, employees are at-will employees, and can be terminated at any time, as long as it is not discriminatory or does not violate an employment contract or union contract. So if you are not covered, and if you don't like the handbook terms, then the company can invite you to seek other employment.
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Q: I signed my new lease in February to take advantage of a rent offer. The old lease expired 3/30/17. When I rec'd my

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Answered on Jun 21, 2017

An answer requires a review of all the documents to determine exactly what they say. Consult a local real estate attorney to review the lease, the rent offer, and any other relevant communications with the landlord to answer your question. Use the Find a Lawyer tab.
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Q: Can I get out of a partnership (sell my share) given this clause in the operating agreement?

1 Answer | Asked in Business Law and Contracts for Ohio on
Answered on Jun 21, 2017

It is very unlikely that the use of "her" would be a successful argument. Many agreements have boilerplate that says the use of any pronoun is deemed to include all genders. Even if your agreement does not have that provision, a court is not likely to agree that "her" excludes you. But use the Find a Lawyer tab to consult an attorney to review the agreement and advise you.
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Q: i am 17 years old and i want to get a job but my mom keeps saying no and my step dad never talks what can i do ?

1 Answer | Asked in Child Support, Civil Rights and Juvenile Law for Ohio on
Answered on Jun 21, 2017

There is not much you can do. Your parents have the legal duty to support you and decide what is best for you. You are a minor, so they make the decisions that you must follow. It is common for teens and parents to have conflicts about things. You need to focus on successfully completing your education, and not on getting money for things that you think you need. Talk to a school counselor, teacher, family member, or other trusted adult if there really are problems at home.
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Q: Can a parent who lost rights to child through court in Ohio, leave the state with child that they have unsupervised

1 Answer | Asked in Family Law for Ohio on
Answered on Jun 21, 2017

Review carefully the court order that awarded parenting rights to the other parent and what rights it gives you. If you go out of state, and the other parent reports the child missing, you could be in trouble, or at least have to explain to the police. If you are asking this question, you must have some worries. So consult your attorney or use the Find a Lawyer tab and consult a local family law attorney.
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Q: My brother has six kids..i keep one and have for nearly 2yrs now..if children services comes to take the other ones away

1 Answer | Asked in Child Custody for Ohio on
Answered on Jun 20, 2017

You have to do whatever a custody order says. If child services shows up to take back the child, you must comply. Perhaps you should consider establishing a legal guardianship of the child. Is the child covered by health insurance? Use the Find a Lawyer tab and consult a local attorney about the options.
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Q: had 1 incident with the cops being called to my apartment for domestic violence. can you get evicted for that Dayton

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Jun 20, 2017

Landlord would have to follow the proper eviction procedure as required by law, which requires that he give you written notice of a violation of your lease. If you receive that notice, then use the Find a Lawyer tab and contact a local attorney. But try to contact the landlord first, and work it out. Obtain a copy of the police report and send it to him.
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