Questions Answered by Joseph Jaap

Q: Do I have to respond to production of docs. If they weren’t filed in court?

1 Answer | Asked in Child Custody for Ohio on
Answered on Aug 13, 2018
Joseph Jaap's answer
If there is a pending child support/custody case, then the attorney can request documents relevant to the case, typically financial information to determine child support. You can file an objection with the court, and the court will decide if the requested documents are relevant. If so, and you do not provide them, the court can find you in contempt. Use the Find a Lawyer tab to retain a local family law attorney to represent you.

Q: Can I get custody of two kids if the parents are unfit. Even though they are not related to me at all

1 Answer | Asked in Adoption, Child Custody and Family Law for Ohio on
Answered on Aug 13, 2018
Joseph Jaap's answer
Contact local children's services and describe the problems and that you are willing to take them in.

Q: My husband and I are separated, going through a divorce. What parental rights does he have at this time?

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Answered on Aug 13, 2018
Joseph Jaap's answer
You are represented by an attorney, who can answer all your questions.

Q: In Ohio if 2 parents split up that were never married and the father leaves does the mother obtain full custody

1 Answer | Asked in Child Custody for Ohio on
Answered on Aug 13, 2018
Joseph Jaap's answer
If unmarried, the mother has full legal custody until the father proves paternity and a court grants him parental rights. Mother can make all decisions about the child, and can deny father spending time with the child. She can file for child support, which will determine paternity.

Q: I'll be 17 next month. What would happen if I just packed all my stuff, put it in my car and went to a friend's without

1 Answer | Asked in Child Custody and Juvenile Law for Ohio on
Answered on Aug 10, 2018
Joseph Jaap's answer
You could be ruled a delinquent and could end up in juvenile detention.

Q: My Aunt lives in Ohio and she is 74. She wants to sell her house and downsize. The buyer is her great nephew. Are there

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Aug 10, 2018
Joseph Jaap's answer
If she passes away and there is no signed purchase contract, then the house will pass to her heirs according to her will or Ohio law.

Q: What to do if the landlord is not making repair to the other side of a double after a house fire

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Aug 10, 2018
Joseph Jaap's answer
Contact the city to take legal action. Also, note the problems in writing to your landlord. If landlord does not take action, start paying your rent on time each month into escrow with your local court. Check the court web site for the forms and the process.

Q: I was a Plaintiff in a Small Claims case in Ohio and I lost. The judge said I didn't have enough evidence.

1 Answer | Asked in Civil Litigation for Ohio on
Answered on Aug 8, 2018
Joseph Jaap's answer
A court can only decide based on evidence and testimony that is properly presented in court and admitted into evidence according to the court's formal rules of evidence. The rules of evidence are posted on-line. The court must comply with those rules. If the plaintiff is not able to submit sufficient evidence that is admissible to prove the claim, or doesn't know how to get the evidence admitted, then the plaintiff cannot win - and there might not be any grounds for a successful objection....

Q: If a stepfather is protecting two stepchildren and his own daughter from the abusive and neglectful mother

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Ohio on
Answered on Aug 8, 2018
Joseph Jaap's answer
If the stepfather does not have legal custody, then he could be arrested if he does not give the children to the person who has custody. Stepfather can file for custody or can file for guardianship, and the court will decide what is in the best interest of the children. Stepfather should retain a local family law attorney to represent him.

Q: The community manager is asking for back rent and current rent?

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Aug 8, 2018
Joseph Jaap's answer
The court will determine how much a tenant owes in current and back rent, and will issue a judgment for that amount. If tenant does not pay, then the landlord can then proceed with legal action to collect from tenant on that judgment. Landlord can also make an adverse entry on tenant's credit record, lowering tenant's credit score and making it more difficult to rent from a landlord who checks credit and prior evictions.

Q: What happens when a cancelled corporation owns real estate ? Corp was cancelled by the state in 2011. Buyer waiting.

2 Answers | Asked in Real Estate Law for Ohio on
Answered on Aug 8, 2018
Joseph Jaap's answer
Check with the buyer's attorney or title company to determine what they require to confirm that good title will be conveyed. They might require you to reinstate the corporation, or buyer could allow you to note in the deed that you are winding up the affairs of the corporation. Use the Find a Lawyer tab to retain a local business or tax attorney to advise you.

Q: If my dad passed away and has 5 kids, 3 adult and 2 underage what happens to all his assets if he didnt make a will

1 Answer | Asked in Family Law for Ohio on
Answered on Aug 7, 2018
Joseph Jaap's answer
Without a will, his assets will pass to his heirs according to Ohio law. If he was married, then wife and kids will share. If not married, then the kids will share equally, and the share to the two minors would go to a parent of guardian for the benefit of the minor. A family member will have to file with the probate court to open the estate and be appointed as administrator to handle the transfer of the accounts and car. If the total value of assets is small, a simplified probate process...

Q: I own and operate a HVAC Service and Repair Business. I did some work for a couple on 1/31/18. In their home.

1 Answer | Asked in Business Law and Small Claims for Ohio on
Answered on Aug 6, 2018
Joseph Jaap's answer
Sue both in small claims court. Check the court web site for the forms to file.

Q: Can a mom/custodial parent dictate which nights the father keeps their son if he disagrees on which nights?

1 Answer | Asked in Family Law for Ohio on
Answered on Aug 6, 2018
Joseph Jaap's answer
The parents must follow the parenting agreement/custody order, which typically specifies the days on which the child stays with which parent. That must be followed, or else the parent not following the custody order can be taken to court and found in contempt. Review the parenting agreement/custody order.

Q: I signed a one year lease 3/18-7/18 received $115 rent increase can landlord do that

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Aug 6, 2018
Joseph Jaap's answer
If you don't pay, the landlord can try to evict you. If so, then go to the eviction hearing, show a copy of the signed lease, and the court will determine if the rent increase is allowable.

Q: How old do i have to be to run away and live with family friends

1 Answer | Asked in Family Law for Ohio on
Answered on Aug 6, 2018
Joseph Jaap's answer
You must be at least 18. Until then, you are a minor and can get in trouble.

Q: I have legal custody of my nieces can their mother take them out of state with out my permission?

1 Answer | Asked in Child Custody for Ohio on
Answered on Aug 6, 2018
Joseph Jaap's answer
Unless she has visitation or other rights granted by a court, then she cannot take them anywhere or do anything with them without your permission. If she does that, then you could call the police and she could be arrested.

Q: I live in a different state then my kids. I have them for the summer they don't wanna go back do I have send them back

1 Answer | Asked in Family Law and Child Custody for Ohio on
Answered on Aug 6, 2018
Joseph Jaap's answer
The parents must follow the court-ordered custody arrangement. If you want to change the custody, then you must go back to court and file for that change. The court will determine if a change is in the best interest of the children. If you don't return the children, then you could face legal problems and the police could arrest you. Use the Find a Lawyer tab to retain a local OH family law attorney to review all the facts and advise you, and you might also need a CA attorney.

Q: If the mother of my children has been gone for 9 days with no contact can I file for emergency custody? Never wed

1 Answer | Asked in Child Custody and Family Law for Ohio on
Answered on Aug 6, 2018
Joseph Jaap's answer
Start by talking to children's services. If you never established paternity or obtained parental rights from a court, then you need to do that. Use the Find a Lawyer tab to retain a local family law attorney.

Q: I am 16 years old and in Ohio. Can I move out of home?

1 Answer | Asked in Family Law and Child Custody for Ohio on
Answered on Aug 6, 2018
Joseph Jaap's answer
Talk to a school counselor or other trusted adult about your situation. If you move out without permission, both you and the person you move in with could get into trouble unless it is done properly.

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