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Questions Answered by Joseph Jaap
1 Answer | Asked in Family Law for Ohio on
Q: My daughter is 18 and wants to change her last name to her step dad's last name. See details for the issue involved.

When she was a baby her biological father ordered her name be changed to his in a child support hearing and the judge did it. I didn't even have a lawyer just one for the state and nothing else was supposed to be discussed but child support. The lawyer told me to just present her in society... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 15, 2021

The probate court handles name changes. Check the court web site for the forms and process to follow. But because there is a complicated back story about her name, and to create the proper paper trail, use the Find a Lawyer tab to retain a local attorney who deals with the probate court in the... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Single mother and want to file 100% custody. Father has established paternity but didnt sign birth cert. Can I file?

Father was court mandated to establish paternity but never went back and signed birth certificate. He is not involved in the childs life besides paying child support and calling once every 2 months (which has only been in the last year and the child is 6). In case of something happening to me I... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 15, 2021

When the parents are not married, the mother has full custody until paternity is confirmed, the father files for parental rights with the juvenile court, and the court grants parental rights to the father by court order, whether or not father signs birth certificate. Child support is separate.... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: I’m a father and have custody of my daughter. I need help with a situation.

Her mother gets visitation every Wednesday night and every other weekend. My daughter has missed 4 days of school so far this year and she has been late 3 times, all on Thursday's. The day after she stays the night at her moms. Last year it was the same way. Her mother doesn’t care and... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 14, 2021

Ask school to talk to mother about it. Have school send you written confirmation of absences and tardy and what mother says. If it continues, and mother will not discuss fixing it, you can file a motion with the court to change the custody arrangement. Use the Find a Lawyer tab to retain a local... Read more »

2 Answers | Asked in Real Estate Law and Small Claims for Ohio on
Q: Bought a lot that advertised utilities in place and Found out that no utilities are in place
Joseph Jaap
Joseph Jaap answered on Jan 14, 2021

Check your purchase contract. It might say that no other statements, advertisements, etc. are binding - only what is specifically stated in the written contract that you and seller signed. Use the Find a Lawyer tab to retain a local real estate attorney to review the contract and advise if you... Read more »

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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I live in ohio on the pa line and was told by my ex that I can't see my child because of covid lock down rules.

Do I have the right to see my child in pa

Joseph Jaap
Joseph Jaap answered on Jan 14, 2021

You have the rights given to you by the court order for parenting time. But the lockdown rules have created an unusual situation, and problems for compliance. You can file a motion with the court to enforce the court's order, but your ex can then explain to the judge her reasons for limiting... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Should I turn off the utilities in my name since I moved out and he still lives there or wait until after divorce?

My husband and I are divorcing. The house is in both our names, but all the utilities are in my name. I moved out in October. Should I keep them in my name until the divorce is done or turn them off and make him turn them on in his name?

Joseph Jaap
Joseph Jaap answered on Jan 14, 2021

When a divorce is filed, most courts impose an automatic restriction on the spouses from making any changes to the normal payment of household expenses, changes to bank accounts, utility accounts, loans, major purchases, health insurance, and other finances, etc., without getting prior court... Read more »

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: My part time girl friend moved out of my house some time ago. We have had very little contact with each other.

95% of her posessions and her 4 pets are still here. How do I proceed in getting her stuff and animals out of my house? Do I have a right to charge her storage and boarding fees for her animals?

Joseph Jaap
Joseph Jaap answered on Jan 14, 2021

To be safe, proceed with a proper eviction action, and you can include a claim for any costs you incur. If you just dispose of her things and take the pets to the animal shelter without a proper eviction action, she could sue you for their value. Use the Find a Lawyer tab to retain a local... Read more »

1 Answer | Asked in Juvenile Law for Ohio on
Q: i’m 17 in ohio, let’s say i want to leave at 11pm and want to come back home at 3 or 4 is that illegally?

like let’s say i want to go out with my friends and come home late but i’m still coming back to sleep under there roof is that illegal or is it allowed

Joseph Jaap
Joseph Jaap answered on Jan 11, 2021

Parents have the legal duty, right, and responsibility to set boundaries for their children, including curfews. Nothing good ever happens after 11 PM -- only mistakes. Parents make the rules for their children who are minors, and can restrict which "friends" they associate with. It is... Read more »

1 Answer | Asked in Real Estate Law for Ohio on
Q: What can I do with the property?

We gave 90 days after close until we received possession of an outbuilding due to the amount of stuff that was in the outbuilding. The contract states that the seller will be responsible for any costs to remove items from the property. What can I legally do with these items as nothing has been... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 8, 2021

To be safe, you might have to file an eviction action to be able to dispose of the property. Use the Find a Lawyer tab to retain a local real estate attorney to review the situation and advise you or contact the seller on your behalf.

1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: Me and the mother of my son were not married and she is keeping my son from me .. she stated she just wants my money!

I want visitation but there is no way the mother can provide and comply to any visitation order. She can’t support the child financially and her mother loves with her and takes care of the children.. do I have a chance to gain custody of my son?

Joseph Jaap
Joseph Jaap answered on Jan 5, 2021

If you can prove paternity, then the juvenile court can order a parenting schedule giving you time with the child and determine the custody. Use the Find a Lawyer tab to retain a local family law attorney to review all the facts and advise you.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Answers on how i would get custody of niece twins, due to mother seems unfit.

The twins both girls are 3 years old and for many eyes they are unfit as such they do no get the care they need, and information i had received from her family she is living in her van due to her family not getting a long with her boyfriend. I know as they have said that someone who they have been... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 5, 2021

Talk to your local children's services about the situation. You might be able to obtain temporary custody. Use the Find a Lawyer tab to retain a local family law attorney to assist you.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I have a couple friends living with me. They don't pay rent and I want them to leave.

One of them has an 11 year old son. The two friends are doing drugs in my home. I don't want the little boy exposed to the drugs.

Joseph Jaap
Joseph Jaap answered on Jan 4, 2021

If they won't leave voluntarily, then you will have to follow the proper eviction process to get them out. Check your local court web site for the forms and process, or retain a local real estate attorney to assist you.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Who is responsible for organizing HOA board and meetings when it hasn't been done in years?

There was a board, but when the president moved out, prior to us moving in, no one seems to be organizing anything. We have a property manager who collects dues and takes care of general maintenance, but that's it. There are things that still need to be addressed like, repairing leaks in the... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 29, 2020

It is up to all the owners to operate and manage their own HOA. Ohio law provides the framework at this link: http://codes.ohio.gov/orc/5312 The declaration for a particular HOA provides additional specific rules for that HOA. If the board has ceased to function, then review the HOA declaration... Read more »

1 Answer | Asked in Civil Litigation and Collections for Ohio on
Q: I received 2 letters from debt collections for municipal speed cameras 4 months afterward without a formal citation.

I recently received 2 letters from a collection agency stating that I have outstanding debts for speed camera violations in 2 different municipalities in Trumbull County, Ohio. This came as a shock because I never received a formal citation, photograph, or any evidence of any kind that indicated I... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 29, 2020

Contact the municipalities to determine if they are valid, and if they are, then use the Find a Lawyer tab to retain a local attorney to advise you.

1 Answer | Asked in Real Estate Law and Civil Litigation for Ohio on
Q: my roommate and I are both on the lease. Can I stop some of his friends from coming to the house? What is the process

What would be the process to evict him? His ex is causing issues. They are both smoking inside the house after being asked multiple times to stop. This is a non-smoking lease.

Joseph Jaap
Joseph Jaap answered on Dec 28, 2020

Some courts only allow landlord to file an eviction. If roommate is violating a term of the lease, talk to the landlord about it.

1 Answer | Asked in Real Estate Law for Ohio on
Q: How can i get my electric repaired?

Hi, I bought a house in October of 2019. In our contract it states that before we buy the house the nob and tube must be removed by a licensed electrician. Our power upstairs went out and we found that he didn't uphold his end of the contract he splice the nob and tube with new wiring. Do we... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 28, 2020

Use the Find a Lawyer tab to retain a local real estate attorney who can review all the facts and advise you of your options for a fraud or breach of contract claim.

1 Answer | Asked in Child Custody for Ohio on
Q: Can the non residential parent make me take a drug test when I pick up my son?
Joseph Jaap
Joseph Jaap answered on Dec 22, 2020

If the other parent does not provide he court-ordered parenting time, then you could file a motion to have the parent held in contempt. At the hearing, the parent would give reasons for wanting a drug test.

1 Answer | Asked in Family Law for Ohio on
Q: My mom died on thanksgiving, body is still in the morgue because her husband won't sign to release her body Wht can I do
Joseph Jaap
Joseph Jaap answered on Dec 21, 2020

Talk to the husband and the morgue. If that doesn't solve it, use the Find a Lawyer tab to retain a local probate attorney who can advise you about filing to be executor of her estate and then taking action as executor.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can my landlord remove my personal property prior to 10 day notice to clean up by city ordinance violations?

We recently were given 10 days by city ordinance to clean up our back yard area for violations of city ordinances in lockland Ohio. Our landlord is now trying to tell us we cannot have anything in our yard of the rental property we are being told by landlord that she's having a company come (... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 21, 2020

If landlord does that without a proper eviction, you could sue the landlord and the removal company for the value of the property removed. The city can take actions as authorized by city ordinance.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: I have terminal lung cancer , do I have to allow landlord in to show house im renting that he wants to sell ?

Im on Keytruda ( immune therapy ) even the common cold could kill , not to mention covid19 !

Joseph Jaap
Joseph Jaap answered on Dec 16, 2020

Ohio law says a landlord can show to prospective buyers by giving reasonable notice - typically 24 hours. But the law doesn't specify a penalty for tenant if tenant refuses to let people enter. However, the landlord could then file an eviction, and the tenant would go to the eviction hearing... Read more »

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