Questions Answered by Joseph Jaap

Q: what the process would be for me too move in with my dad, my parents are getting a divorce and I live with my mom

1 Answer | Asked in Child Custody for Ohio on
Answered on Apr 28, 2017

The court will determine the parenting arrangements as part of the divorce, and you will be required to comply until you reach age 18 or graduate high school. The court might consider your input, but it is up to the court to decide what is in your best interest.
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Q: should I pay support for my 18 y.o. who will be going to college in the fall but living with his mother.

1 Answer | Asked in Divorce and Child Support for Ohio on
Answered on Apr 28, 2017

There would be no support obligation for an 18 year old attending college. Use the Find a Lawyer tab to consult a local divorce attorney who can review your situation and advise you.
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Q: We received a purchase offer on our home and there are options on the additional terms. When do we have to decide.

1 Answer | Asked in Real Estate Law for Ohio on
Answered on Apr 27, 2017

It depends on the wording of the offer. If not clear in the offer, then make it clear before you sign it, or give it back. Or cross out what you don't like, making it a counter offer. Buyers will either agree or not. It is prudent to consult an attorney to help you with a contract. Use the Find a Layer tab to consult a local real estate attorney.
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Q: Can my ex girlfriend move out of the house when she's 19 and graduating in 20 days

1 Answer | Asked in Family Law, Education Law and Juvenile Law for Ohio on
Answered on Apr 27, 2017

Yes, of course she can.
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Q: My husband is not letting my children get their beds and clothes out of our house. What are their or my legal rights?

1 Answer | Asked in Child Custody and Divorce for Ohio on
Answered on Apr 26, 2017

If you filed for a dissolution, then that means that both spouses have agreed on all issues to be resolved, including dividing up personal belongings, issues relating to the children, etc. If he is not agreeing, then it cannot continue as a dissolution, and you must convert the dissolution to a divorce to let the court resolve those disputes. Use the Find a Lawyer tab to consult a local divorce attorney.
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Q: Probate court

1 Answer | Asked in Estate Planning and Probate for Ohio on
Answered on Apr 25, 2017

What happens to the house depends on what the deed to her house says. It might have to be handled by the probate court to distribute it to her spouse, children, and next of kin. Call the probate court in the county in which your mother lived to get started, but they cannot offer legal advice. You can file documents yourself, starting with a death certificate and names and addresses of her spouse, kids, and next of kin. You'll probably need to talk to an attorney there to file the forms. If...
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Q: My husband whom i am in the process of trying to get a divorce with is not letting me see or keep our 10 month old son.

1 Answer | Asked in Child Custody and Divorce for Ohio on
Answered on Apr 25, 2017

If you "have custody," then there should be a custody order or a temporary order as part of your current divorce proceeding that specifies when you and your spouse have parenting time. If spouse is not following, then file a motion for contempt. Talk to your divorce attorney. If you don't have an attorney, use the Find a Lawyer tab and consult a local attorney.
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Q: Mother pass away with no will I want to know what do I do next?

1 Answer | Asked in Estate Planning and Family Law for Ohio on
Answered on Apr 25, 2017

Sorry to hear of your loss. Yes, of course you should talk to an attorney at once, especially if family members are taking advantage. The attorney can review the deed to the house to determine who might be entitled to it, as well as advising on transfer of other assets. Use the Find a Lawyer tab to consult a local probate attorney.
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Q: No lease, no monthly payments, what can we do to get him out of the house?

1 Answer | Asked in Civil Rights, Contracts and Landlord - Tenant for Ohio on
Answered on Apr 25, 2017

It's treated like a month to month lease, even though there never was a written lease. It can be terminated at the end of any month by 30 days notice. So give written 30 days notice now, to vacate by May 31. If not out on May 31, then on June 1, give him a 3 day notice to leave. Then file eviction complaint 3 (business) days later, i.e. June 7, to be safe. Use the Find a Lawyer tab to consult a local attorney to assist in case he gets an attorney to fight it.
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Q: problem house on St. for 10+yrs. tenants,etc. City poor law/code enforcement. can we withhold our property tax $

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Ohio on
Answered on Apr 24, 2017

No, you cannot withhold or escrow your tax payment because of that. If you do not pay taxes in full when due, you can incur penalties and interest. Talk to the local building department and local politicians. Enlist other neighbors to make similar contacts and complain. The more contacts, the more likely to get action. Contact local TV. Perhaps they might do a story to attract attention and get the politicians to take action. If the local codes are not being enforced, use the Find a...
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Q: If my 7 month old son's father does not attempt to see him at least every other weekend, should I seek sole custody?

1 Answer | Asked in Child Custody and Child Support for Ohio on
Answered on Apr 24, 2017

Is the father paying any child support? Would he agree to sole custody? Is there a parenting agreement in place? Have you kept a diary of the times he has, and has not, spent time with his son according to the parenting plan? Use the Find a Lawyer to consult a local family law attorney about changing custody.
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Q: Does a settlor of a trust have to sign all paperwork with trustee behind it?

1 Answer | Asked in Estate Planning for Ohio on
Answered on Apr 24, 2017

If a judge is now involved, then the judge will be the one to answer your question based on all the facts and circumstances presented to the judge. If you have an interest in the outcome, then use the Find a Lawyer tab to consult a local probate attorney to review the situation and advise you.
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Q: Is it either unethical or illegal for an attorney to name their law partner (in this case a brother) as executor of my

1 Answer | Asked in Estate Planning and Family Law for Ohio on
Answered on Apr 24, 2017

An attorney does not name your executor - you do, when you sign your will. If you want some other person to act as executor of your estate, then don't sign the will the attorney prepared. Direct your attorney to change your will to name the person you want to be your executor.
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Q: What to do? Landlord brings us 3 day notice to get out saying we remodeled house without his permission but not true

1 Answer | Asked in Landlord - Tenant for Ohio on
Answered on Apr 21, 2017

In Ohio, a month to month lease can be terminated at the end of a month by either landlord or tenant giving at least 30 days notice. If tenant does not leave at the end of that month, then the landlord gives a 3 day notice. A 3 day notice is also given if rent is not paid on time. All other alleged lease violations require a 30 day notice to start an eviction. Advise the landlord of that. If the landlord does file an eviction based on the 3 day notice, then you must attend the eviction...
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Q: How long is the process of filing a motion to regain custody of a child?

1 Answer | Asked in Child Custody for Ohio on
Answered on Apr 21, 2017

It can take at least a few weeks, and probably a few months, or even longer in some situations. There could be a court investigation into the family situation and a recommendation from the investigator. It also depends on how busy the court is. Use the Find a Lawyer tab to consult a local family law attorney about the process in your area.
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Q: can a business make a new policy that would cause you to be fired?

1 Answer | Asked in Employment Law for Ohio on
Answered on Apr 21, 2017

Are you covered by a union? If not, the employees should get together and consult a local employment law attorney. If the employer is using the test as a way to discriminate against older workers, or for other discriminatory reasons, then there might be action that can be taken. Use the Find a Lawyer tab to consult a local attorney.
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Q: I have shared parenting at the moment, me and my ex are going back under agreement to do a 50/50 parenting time split.

1 Answer | Asked in Family Law, Child Custody and Child Support for Ohio on
Answered on Apr 21, 2017

You might be able to get it lowered, but it depends on all the financial circumstances of you and your ex. Ohio uses a worksheet to determine child support as a starting point, but that worksheet calculation amount can be adjusted based on specific circumstances. Talk to the attorney who handled your divorce or use the Find a Lawyer tab to consult a local family law attorney to help you and give you the best chance for success.
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Q: my 17 year old wants to live with people, not family. How can not be responsible if she gets into trouble while there?

1 Answer | Asked in Adoption and Family Law for Ohio on
Answered on Apr 20, 2017

Yes, there is a legal process for that. But since she will soon be 18, it might not be worth going through the legal process and the expense. Use the Find a Lawyer tab to consult a local family law attorney to review all the facts and advise you.
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Q: Apartments? My mom won't move closer to my school.

1 Answer | Asked in Employment Law, Family Law, Personal Injury and Juvenile Law for Ohio on
Answered on Apr 20, 2017

No, you can't. You're 15. A landlord is unlikely to rent to you. Talk to a school counselor.
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Q: friends homeless asking to stay for 5 days w their belongings in garage, been 25 days no rent.Need to evict them?

1 Answer | Asked in Arbitration / Mediation Law and Landlord - Tenant for Ohio on
Answered on Apr 19, 2017

Yes, unfortunately, you must use the proper eviction process. If you don't, they could sue you for wrongful eviction - and they probably would. Give them a 3-day notice for non-payment of rent, and then file for eviction after 3 days. The court might dismiss that, since there was never an agreement to pay rent. And the court could say they are on a month-to-month lease, which can be terminated at the end of a month by giving notice at least 30 days in advance. So in case that eviction case...
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