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Questions Answered by Anthony C. Satariano
1 Answer | Asked in Animal / Dog Law for Ohio on
Q: Dog custody in dissolution

My husband and I are going through a dissolution. We had 2 dogs, he got one and I got the other. I was finally able to see the dog he has and his nails are completely grown out and his undercoat is matted. My ex moved to a tiny apartment so he has nowhere to run and play. I was always the primary... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on May 7, 2020

Your question indicates you are going through a dissolution. In a dissolution, the division of all property (including pets) must be agreed on ahead of time. In other words, the agreement must address the dogs, the judge will not make a decision on who gets the dog that day.

Further, if...
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1 Answer | Asked in Uncategorized for Ohio on
Q: Eviction

So my mother and I own a house together. I am on the deed of the house. She is trying to evict my boyfriend and father of my child out of the house we all live in. He pays one bill that is in her name. Can I fight her on trying to evict him? Can she even legally evict him if hes paying her... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Apr 15, 2020

If your mother owns the home, then she can evict your boyfriend. Simple as that. Since he has lived there 2+ years, she will have to go through the formal eviction process as he has clearly established residency there. It does not matter at all that he has been helping to pay bills.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can I kick out my mother?

I'm the coborrower on my mothers mortgage loan, I asked her to refinance my name off loan she is refusing. I need name off loan as my fiance and I are expecting and want our own place. Lender said since I have better income and credit I can take over loan by my self. How do I kick her out and... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Apr 13, 2020

It will not be as easy as "kicking her out".

If you are both on the loan (and presumably the deed) then you both own the property. You basically have 2 options:

1) Negotiate with your mom to have her agree to come off the deed and loan and have the bank put the mortgage...
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2 Answers | Asked in Probate for Ohio on
Q: Hello my mom just passed away april 3 and I am next to kin are beloved family home of over 50 years was in her name

she was married so how would this go in the state of ohio if I want to put house in my name can I legally do this or can not because of her husband I need help with this process and if there is any other information that can help me thanks

Anthony C. Satariano
Anthony C. Satariano answered on Apr 10, 2020

There are a lot of factors that will be in play. To answer your question as simply as possible, you cannot just put the house in your name right now.

First, how the property is specifically deeded will be crucial. If it is deeded jointly with her husband with survivorship language, then he...
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1 Answer | Asked in Child Custody for Ohio on
Q: Mother signed over custody of her son to the Father.Now the mother wants visitation rights. Is this possible?

The Mother has been out of the child's life for 6 years and in and out of jail. The Father has steady job and provides for the child in a stable home and does not want the Mother in his life. Will the courts allow

Anthony C. Satariano
Anthony C. Satariano answered on Apr 10, 2020

The true answer is: it depends.

The mother has the legal right to petition a court asking that she be granted visitation with the child. The court will then evaluate the statutory "best interest" factors to determine if it is in the child's best interest to provide the...
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1 Answer | Asked in Family Law for Ohio on
Q: i got a girl pregant and she doent want anything to do with me.

what can i do so that this doesnt ruin my future and that she cannot come and try to get money from me if she doesnt want to be in my life

Anthony C. Satariano
Anthony C. Satariano answered on Apr 2, 2020

Nothing.

If you are the biological father of a child, you are legally obligated to help support that child until it reaches the age of 18 and graduates from high school. It does not matter if you have any parental rights, or what those rights might look like, the law allows her to pursue...
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1 Answer | Asked in Family Law for Ohio on
Q: Do I have to send my 6 year old to PA for visit during the stay at home order?

I am the legal custodian of a 6 year old. Biological parents are not in Ohio they live 4 hours away in PA. They have a court order for visitation at their residence the first weekend of the month. I'm worried at the distance and because my husband is at higher risk and we have no idea or way... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Apr 2, 2020

The short answer is: Yes.

The stay at home order does not change court ordered visitation and if you do not comply with the court order, you will be in contempt and subject to the associated penalties.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: Can my husband break into my phone and take messages and personal photos off of it without me knowing
Anthony C. Satariano
Anthony C. Satariano answered on Apr 1, 2020

Yes he can. While you are married, the majority of the property either of you own is considered "marital property" meaning both of you have a right to it.

1 Answer | Asked in Family Law for Ohio on
Q: Will I be held in contempt for denying visitation due to COVID-19?

My ex lives in Kentucky and I live in Ohio. We have court ordered visitation but due to the pandemic and the stay at home order, I do not think my child should travel from Ohio to Kentucky for visitation especially when her stepmom is a nurse and is likely exposed to COVID-19 already.

Anthony C. Satariano
Anthony C. Satariano answered on Mar 31, 2020

You can be held in contempt. The stay at home order and the pandemic restrictions DO NOT negate court ordered visitation. Travel related to custody exchanges is deemed essential travel and thus is allowed under the current public health changes.

I suggest trying to discuss your concerns...
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2 Answers | Asked in Family Law for Ohio on
Q: With the current stay at home order, can I refuse visitation?

My sons father works in a hospital, the grandmother in the home has returned from Washington state, along with her 2 other grand children, my son has been forced to stay with his aunt outside the home who then sent him to an out of the home babysitter. My son has asthma and epilepsy. Rendering him... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Mar 30, 2020

The short answer is: No, you cannot refuse visitation. The stay at home order does not change the visitation/custody order you have. If you fail to follow the court order you have, you could be in contempt.

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1 Answer | Asked in Child Custody for Ohio on
Q: I have custody of my 4 y granddaughter in Ohio. Her Mother is a Nurse. Can I stop court ordered visits for safety?
Anthony C. Satariano
Anthony C. Satariano answered on Mar 27, 2020

The short answer is: no.

The stay at home order in place in Ohio currently does not supersede valid custody/visitation orders in place. If you refuse to allow the mother her court ordered time, you could be found in contempt of court and subject to fines, attorney fees and possibly even...
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1 Answer | Asked in Child Custody for Ohio on
Q: My ex husband and I have shared custody of our 3 yr old, he takes him from me all the time how do I stop him

My ex has me followed by private companies and has for over 2 yrs how can I stop him? At this point I am just tired of living like this, he is very controlling and if he doesn't get what he wants he won't stop until he does! He rips my son from my life over and over again with crazy... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Mar 24, 2020

One option you have is to petition the court to terminate the shared parenting. Under Ohio law, there are some baseline factors courts need to evaluate to to determine if shared parenting is proper. Those factors include many things such as ability to cooperate for the child's best interest,... Read more »

1 Answer | Asked in Health Care Law for Ohio on
Q: During the stay home in Ohio if you're out and a cop stops you can they tell you you cannot go home

I feel that they shouldn't be allowed to stop you from returning home

Anthony C. Satariano
Anthony C. Satariano answered on Mar 24, 2020

Holding you and preventing you from continuing on your way or returning home would require the officer to either detain or arrest you. They cannot simply deny your right to return home without legal justification that is sufficient to trump your constitutional rights.

Although the...
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1 Answer | Asked in Traffic Tickets for Ohio on
Q: What if my ticket isn’t in the system for court date ? The ticket was for speeding & was not mandatory court attendance.
Anthony C. Satariano
Anthony C. Satariano answered on Mar 19, 2020

A lot of times, courts won't put a case in the system for a non-mandatory traffic tickets until the initial court date on the ticket occurs. That is because they don't want to waste time adding it to the docket if the accused is just going to pay the ticket online or over the phone.... Read more »

1 Answer | Asked in Civil Rights for Ohio on
Q: What can I do to have disciplinary action taken against a cruel and uninformed psychiatric nurse practitioner?

Refusal to prescribe or even hear me out. Putting my baby at risk of preterm delivery.

Anthony C. Satariano
Anthony C. Satariano answered on Mar 19, 2020

More facts would need to be known to give complete advice on this matter.

The standard for malpractice against a healthcare provider is very high. Nothing in your question posed leads me to believe you have a malpractice claim.

You always have the option to complain to the...
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1 Answer | Asked in Family Law and Social Security for Ohio on
Q: We have a 15 year old daughter. We presently have a shared parenting plan (50/50), her mother is trying to break this.

I am 69 years old and get social security survivor benefits for my daughter. I provide her mother with $300/month and pay all my daughter extra activities fees out of the survivor benefits. What should I be prepared for if the plan is broken? I'm contesting the change on the basis my... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Mar 19, 2020

I would suggest consulting with your lawyer. Your lawyer will know the specifics of your case and the traditional approach your local jurisdiction takes to custody changes.

It will also depend on what you mean by "plan is broken" and what "change" you are...
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1 Answer | Asked in Child Custody for Ohio on
Q: With the corona virus environment, can child custody be modified. The children stay part time with at risk adults?

The children stay with their father who is living with his parents. Both grandparents are over 65.

Instead of an everyday custody transfer, perhaps an alternating week would be safer for all.

Anthony C. Satariano
Anthony C. Satariano answered on Mar 19, 2020

The odds of you getting court ordered custody/visitation altered because of the ongoing pandemic are EXTREMELY low.

First, the court only evaluates the child's best interest. While I understand the risk they could pose to those in the vulnerable age range, the children are not the...
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2 Answers | Asked in Child Custody and Family Law for Ohio on
Q: What legal options do I have during this pandemic and having to send the kids to their dads?

We both live in ohio but I live in an area that’s more affected, he’s not taking the pandemic seriously, he doesn’t care to do what his kids wish to do at this time(ages 15 yr 9 mo and 12yr 11 mo.)

Anthony C. Satariano
Anthony C. Satariano answered on Mar 19, 2020

The pandemic does not affect any court orders currently in place. If the dad has court ordered visitation, then you have to comply with that or you risk being held in contempt of court.

If the dad has no court ordered visitation, then you can do what is in your child's best interest...
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1 Answer | Asked in Child Custody for Ohio on
Q: daughter living w my mom 4years due to me getting ill& nursing home.i have custody.i am out now.can she keep my daught?

are there any steps i need to take to get her back or simply move her in?my mom now has lung cancer metastasized to knee & hip.daughter will be 17 in april.please respond SOON.

Anthony C. Satariano
Anthony C. Satariano answered on Mar 16, 2020

In Ohio, whomever has custody of a child has the right to have that child live with them and in fact is legally responsible for their well being and care. If your mother was never granted formal custody, then she likely does not have any legal right to stop you from moving your daughter back in... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: Can ex wife keep me from watching my boyfriends kids?

My boyfriend and his ex wife have no custody agreement yet. Can she keep me from watching the kids by myself at my boyfriends and I home? If she comes to the house while I am watching them alone does she have the right to take them?

Anthony C. Satariano
Anthony C. Satariano answered on Mar 16, 2020

First, if your boyfriend and his ex are officially divorced, then they would have to have a custody agreement in place. No court in Ohio would sign off on a divorce with children involved without there being a custody arrangement.

Second, if the divorce is still going on and that is why...
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