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Questions Answered by Joseph Jaap

1 Answer | Asked in Family Law and Child Custody for Ohio on

Q: I am in a custady battle for my great niece's in London Ohio and it seems as though the caseworke is against me .

My niece is currently unable to take care of her.I past my drug screening and have done everything they ask .can you please help me find a lawyer for the 25th of September?

Joseph Jaap answered on Aug 23, 2019

Use the Find a Lawyer tab on this web site to retain a local family law attorney, or contact your local bar association for a referral to a local attorney to represent you.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on

Q: My child's mother is threatening to put me on child support. Im working when she want me to watch him. What can I do?

I'm a single parent with four children. I have two jobs and instead of putting him in daycare she threatens to put me on child support. I get him in between jobs whenever I'm not working. Please help me.

Joseph Jaap answered on Aug 23, 2019

She has the right to file for child support. Your income and your expenses of support for your other children are taken into account in the child support calculation.

1 Answer | Asked in Family Law for Ohio on

Q: Can my ex wife change weekends without a mutual agreement on a shared parenting plan?

My ex wife refuses to let me have our children on my weekend and she told me she is switching back to a previous arrangement from around a year ago. I told her that it has to be mutually agreed upon because of the shared parenting plan. I need help in maintaining a fair shared parenting... Read more »

Joseph Jaap answered on Aug 22, 2019

If she is not following the required court-ordered parenting plan and is denying you your specified weekends, check your parenting agreement if mediation of disputes is required. If so, file for mediation. If not, then file with the court to have her held in contempt and to make any changes to... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: My mom got an apartment and put me on the lease but I never signed anything or moved in and im 18. What should I do?

She had my social security number but thats it. She's saying the only way for me to get off the lease is for her to evict me but I feel like the landlord should be able to just remove me from the lease since I never signed any paper work or stayed one night in that apartment.

Joseph Jaap answered on Aug 20, 2019

Why do you think you have to do anything? If you didn't sign a lease, then you are not legally liable. Talk to the landlord about removing you from their records, if you don't plan to live there, and to erase your SSN from their system.

1 Answer | Asked in Personal Injury and Civil Litigation for Ohio on

Q: Can I do anything about my neighbor's dog jumping the fence into our yard?

We have a pitbull and luckily they haven't been outside together, but we have watched our neighbor's dog jump into our fenced-in yard multiple times. What can we do (legally) other than ask the neighbor to watch their dogs?

Joseph Jaap answered on Aug 20, 2019

As the owner of pit bull, you are a vulnerable target for a lawsuit if something bad happens. You should consider whether the fence should be taller. You might also advise the neighbor of your concern. Perhaps the neighbor might want to install a taller fence. Check with your homeowner... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: By Ohio laws, can the landlord force the replacement tenant signs a longer contract?

I am going to break the lease 6 months before the expiration. I am finding a replacement tenant to takeover this six-month lease. However, the landlord requires this tenant has to sign a contract for at least one year plus 6 months. Is it legal?

Joseph Jaap answered on Aug 19, 2019

Landlord can ask replacement tenant to sign whatever terms landlord wants. If tenant won't sign, then landlord does not have to give you an early termination.

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: If my landlord sells the house how much notice do they legally have to give me to move?

Joseph Jaap answered on Aug 19, 2019

If you have a written lease, your lease is valid until the lease termination date, and the new owner must honor that lease. If you do not have a written lease, either landlord or new owner can give you 30 days notice of lease termination, and if you don't vacate, they can evict you.

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: Is it the replacement tenant's obligation to take a contract with a longer leasing period?

I am breaking the lease 6-month earlier than the expiration and I also found a replacement tenant who can takeover this 6-month lease. But the landlord now force the replacement tenant to sign a contract with a period of 6 months plus one extra year. Is it legal?

Joseph Jaap answered on Aug 19, 2019

It is not illegal. Landlord is not required to let you terminate your lease early. Landlord can allow a replacement tenant on whatever terms landlord requires, including having the new tenant fill your remaining lease, and also having the tenant sign for a year beyond that. If the tenant won't... Read more »

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

Q: My husband son and i have been living with his sister and husband.

My husband and I are now getting a divorce as is his sister and husband. My husband and his sister have moved out and i am still living there with our son. Can he use me living with his sisters soon to be ex husband against me in court to say im an unfit mother?

Joseph Jaap answered on Aug 19, 2019

He can provide information about the care and support you provide for your child and your living situation. The court would evaluate that, along with all the facts and circumstances properly presented to to the court as evidence, and the court would decide what is in the best interest of your... Read more »

1 Answer | Asked in Family Law for Ohio on

Q: I have POA for my granddaughter from the state of Texas. My granddaughter and I recently moved to Ohio (West Carrollton)

West Carrollton school would not allow registration because it was not an Ohio POA. My daughter (childs mother) resides in Texas. How do I get POA notorized if the parent is in Texas and I reside in Ohio?. Only form I can find for Grandparent POA states that the parent and the grandparent (I... Read more »

Joseph Jaap answered on Aug 19, 2019

Both need not be present. Obtain an Ohio form, send it to her in TX to be signed and notarized there. It should be valid in OH, but it depends on what the school requires.

1 Answer | Asked in Trademark for Ohio on

Q: We would like to use the words, "We Will Rock You", on our band's show shirt for our Killer Queen Show. Is it allowed?

Joseph Jaap answered on Aug 16, 2019

Nobody but the owner can tell you it is "allowed." If you do it without the owner's permission, the owner can sue you for trademark or copyright infringement if it finds out about it. The court would then decide if what you did infringed, based on all the facts.

1 Answer | Asked in Divorce for Ohio on

Q: if my husband is incarcerated and we married while he was incarcerated and is in another state what is needed for divorc

there is nothing we have together no kids no nothing i just want divorced. is there a lawyer that can jsut file the paper for me for small to free fee with the exception paying the filing fee

Joseph Jaap answered on Aug 16, 2019

Use the Find a Lawyer tab to retain a local attorney to assist you. If spouse is incarcerated, you can file the divorce where you live now if you have been in Ohio for 6 months and your county for 90 days.

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: So if a Landlord does enter the property without 24 hour notice between winning the eviction and the actual vacate date?

Joseph Jaap answered on Aug 16, 2019

Not much the tenant can do about that, other than tell landlord not to do it again. Contact the police and see if they will allow you to file a report for trespassing, although that won't do anything. Or use the Find a Lawyer tab and hire a local lawyer to review the situation and advise you of... Read more »

1 Answer | Asked in Landlord - Tenant and Small Claims for Ohio on

Q: With description what rights and options are available? Home was purchased with money deeply sentimental to me...

Paid rent to my mom sharing her home (also child), oral agreement, she, on whim changed;living arrangements, unrealistic expectations, cash only payments, refused receipt, which she would constantly manipulate, pleas for more money because she can’t pay bills/mortgage, then acting as though... Read more »

Joseph Jaap answered on Aug 16, 2019

If you do not have a written lease, then if an eviction action is filed, the court will likely evict you. All that other past history is irrelevant. If the court orders the eviction, it typically gives tenant only 7 days to vacate. So try to work it our, or look for new living accommodations.

1 Answer | Asked in Landlord - Tenant for Ohio on

Q: Is a landlord up on winning eviction allowed to enter the premises before the actual vacate date?

Joseph Jaap answered on Aug 16, 2019

Until the eviction is executed, landlord can enter premises by giving reasonable advance notice, typically 24 hours, or immediately if landlord suspects there is damage is need of immediate response.

2 Answers | Asked in Contracts and Real Estate Law for Ohio on

Q: My condo asstn. has been misappropriating funds & or ignoring request for audit info for years. Do I have any recourse?

My condo association has used scare tactics and harassing tactics to squeeze money out of homeowners. Some have filed bankruptcy not not knowing the management company that has been receiving payments for the last 13 years, has been cancelled by the state. Yet they have still used a law firm to... Read more »

Joseph Jaap answered on Aug 16, 2019

If enough homeowners are dissatisfied, they can call a special election, remove the current board members and elect a new board of directors, hire a new management company, hire new attorneys, and get all the financial records. The unhappy homeowners can join together and use the Find a Lawyer tab... Read more »

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1 Answer | Asked in Child Custody for Ohio on

Q: My ex bf is asking for companionship of our kids,wo establishing paternity. Is this to avoid child support/custody

I have a protection order against him, for domestic violence, and he is unable to support them. I have sole custody and i have always supported my children with medical insurance, schooling, and all other expenses to child care. I have my own home, he does not, he was a full time stay at home dad... Read more »

Joseph Jaap answered on Aug 15, 2019

There is no way to know his motivation. File for him to start paying child support. The court will order a DNA test to establish his paternity. Use the Find a Lawyer tab to retain a local family law attorney to assist you.

1 Answer | Asked in Child Custody for Ohio on

Q: I have a final pre trial custody hearing on Monday. Do I have time to get an attorney?

I don't have an income and have been incredibly intimidated by this whole process but everything has just come crashing down in my reality.

Joseph Jaap answered on Aug 15, 2019

Not a lot of time, but call local family law attorneys to find one. Use the Find a Lawyer tab.

1 Answer | Asked in Land Use & Zoning for Ohio on

Q: Can a township deem a persons property a nuisance without using a court or notifying the property owner?

I live in Olmsted township and the building commissioner had the trustees deem mine and other property a nuisance. He did not notify anyone of these actions and when I questioned him on it, he said according to the Ohio revised code he did not have to notify us, or use a court.

Joseph Jaap answered on Aug 15, 2019

It depends on local ordinances. Use the Find a Lawyer tab and retain a local attorney to review the zoning code and local ordinances, and advise you if the township followed the proper process and whether you can appeal.

1 Answer | Asked in Real Estate Law for Ohio on

Q: Is there a limit on how much early lease termination fee a landlord can charge in Ohio?

My tenant wants to end the lease early by five months (rent is $1300). I don't have an early lease termination clause but want to work with the tenant. Without me asking, they offered $3500 and forfeiture of their security deposit ($1500) to end the lease early (we would do this in writing).... Read more »

Joseph Jaap answered on Aug 15, 2019

There is no limit set by law. It is whatever the landlord and tenant agree for the early termination.

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