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Questions Answered by Anthony C. Satariano
1 Answer | Asked in Domestic Violence for Ohio on
Q: I have a domestic violence case pending against someone and they have hired a lawyer as the accused ,does it get dropped
Anthony C. Satariano
Anthony C. Satariano
answered on Feb 13, 2020

The short answer is no.

If by "case" you mean there are criminal charges pending against the accused, then it is not uncommon at all to hire a defense lawyer. Hiring a defense lawyer does not meant the charges will be dropped. The court likely has a victim advocate too that will...
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1 Answer | Asked in Traffic Tickets for Ohio on
Q: I need to know how to file a motion

Forgot to pay a speeding ticket and if I didn’t pay I had to do community service but I was in the process of moving to another state and completely forgot so I had two bench warrants out. I paid the ticket and my fines off but in order to get rid of the other bench warrant for my community... View More

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

Many court websites will have basic forms that citizens can download or print off and use. In this, many courts have a general motion form that can be filled out.

Or, you could hire an attorney who should be able to help you complete the process and help protect you.

I strongly...
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1 Answer | Asked in Legal Malpractice for Ohio on
Q: Can a lawyer get away with it?

I just got done with a custody battle with my boys dad. His lawyer and I have to go sign papers at court on friday. She has been texting me trying to get me to sign so we dont have to go Friday. She added things that were not talked about or agreed to, so I will not sign. Now she stating she going... View More

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

In Ohio, it is not uncommon for custody battles to end in this ways: 1) the parties come to an agreement that is read into the record in court, 2) the judge then orders an attorney to write up the agreement matching those terms before a specific date in the future and 3) the court set a hearing... View More

1 Answer | Asked in Elder Law, Estate Planning and Probate for Ohio on
Q: Looking for legal advise concerning my family rights.

Looking for legal advice concerning my family rights. Situation as follows.

Younger sibling has medical and financial power of attorney for my mother.Sibling refuses to divulge financial information concerning investment portfolio,IRA and other current assets as well as a copy of the last... View More

Anthony C. Satariano
Anthony C. Satariano
answered on Feb 11, 2020

Your sibling is under absolutely no legal obligation to share any financial information with you regarding your mother's assets if she is still living.

As far as the will, the same is true. However, if your mother has passed or does pass, then as a lineal descendant you would have...
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1 Answer | Asked in Child Custody for Ohio on
Q: Does an unwed father in Ohio who has been in prison still have parental rights?

Father and mother have never been married and he is now threatening to file for custody.

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

In Ohio, unwed mothers are deemed to have all of the custody rights until paternity of the father is proven and a court rules on parental rights. Going to prison, alone, does not terminate someone's ability to pursue custody of a child.

I highly suggest you speak with a custody...
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1 Answer | Asked in Elder Law and Family Law for Ohio on
Q: I recently found out who my biological father is and he is elderly and in a home. The family wont let me see him

he doesn't have any children (other than me)and his brother is the POA of his estate. What rights do I have to look after my father or even meet him.

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

Unfortunately, the short answer is none. Everyone in the described fact pattern is an adult, meaning they can freely decide who they interact with. You do not have a protected "right" to meet him. While normally you may be given some say in his medical care as his only biological child,... View More

1 Answer | Asked in Health Care Law for Ohio on
Q: If one gets a medical POA, outside of a will. Different person then in the will. Does it supersede the will? In Ohio

Persons named in will have no interest in the person who named them over 10 years ago. He, the person, has said numerous times he doesn’t want them to have any control. Now he’s sick and we, his friends, who have been there for him are trying to help him and stop them from taking advantage of... View More

Anthony C. Satariano
Anthony C. Satariano
answered on Feb 6, 2020

The person you are describing appears to have a few options based on the facts you have provided.

First, if the person executed a new healthcare POA now naming an individual, it would supersede prior documents naming a different person as the POA.

Second, the person can always...
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1 Answer | Asked in Divorce for Ohio on
Q: Hello I am getting a dissolution of my marriage. It is a no fault .There are no children and there will be no spousal su

Is it required by law to still fill out the affidavit of income and expenses since there is not going to be spousal support and there are no children

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

The short answer is - Yes. Each court in Ohio has its own filing requirements to file a dissolution. All domestic relations courts in Ohio require an affidavit of income and expense be filed. While you may be agreeing to a dissolution with your spouse, technically a judge will still rule on it. The... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Ohio on
Q: I pay child support and my daughters mom up and left to florida . my daughter was born in ohio. What can i do?

She refuses to let me contact her overall but its been a year in a half that shes been gone. My daughter is now 7 how can i get my rights for visitation without having to go to florida

Anthony C. Satariano
Anthony C. Satariano
answered on Jan 28, 2020

To get visitation or parental rights related to your daughter, it will depend on how your child support obligation was created. If she went through CSEA directly to get a child support obligation set up (i.e. the administrative process, not in a court), then unfortunately you will almost certainly... View More

1 Answer | Asked in Family Law for Ohio on
Q: Question about how jurisdiction is established in custody matters (never-married parents, no filings or T.O.’s as yet)

Child was born in Ohio, and parents raised the child for eighteen months together in Ohio; in April 2019, mother moved with child to NY state, and is obstructing communication btw father and child, and is denying father visitation

Anthony C. Satariano
Anthony C. Satariano
answered on Jan 17, 2020

It is very likely that jurisdiction will be in New York. The Child has almost certainly established residency in New York, giving its court's jurisdiction over the Child. Furthermore, under Ohio law, when parents are unmarried, the biological mother is given all of the custody rights until a... View More

1 Answer | Asked in Child Support for Ohio on
Q: I agreed to $0 child support a year ago in ohio and filed a modification, what is my chance of winning. org obl. was 600

joint custody

I thought we made the same amount of money, right after court he got a large raise and his taxes do not add up to what he put on original form.

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

It will depend on several factors. Primarily, Ohio Courts must look for a "change in circumstance" when deciding if child support should be adjusted. This means they will evaluate if the current circumstances are so different from when $0 support was agreed to, that the support amount... View More

1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: Mother has been listed as abandonment my husband and I want to get full custody which is currently with grandmother

Husband wants to file for full custody of 10 year old son. His biological mother abandoned him almost 7 years ago and paternal grandmother took custody because father was not financially stable at the time. Need to figure out first steps in getting custody back from grandmother when the mother is... View More

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

In Ohio, typically the court that first decides custody rights of a child retains jurisdiction to decide custody matters involving that child going forward. That means, whatever court granted the grandmother custody is likely the court anything you wish to do will need to be filed in. In Ohio,... View More

1 Answer | Asked in Family Law for Ohio on
Q: If mother signs residental custody to father , does father still have to.pay mother child support
Anthony C. Satariano
Anthony C. Satariano
answered on Jan 13, 2020

Typically, in Ohio, the residential status or designation is most commonly utilized for determining school jurisdiction for the child whereas the custodial designation (or "custody" as it is more informally known) determines parental rights. The short answer to your question is yes the... View More

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