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Questions Answered by Nicholas P. Weiss
1 Answer | Asked in Adoption, Child Custody and Family Law for Ohio on
Q: My daughter’s friend (16) and her infant child were kicked out of her mother’s. She is staying with our family and we

would like to provide a long term and safe environment for them. What formal agreements or legal status can we be granted for this situation?

Her mother’s home is not safe for her or her child. Emancipation is not an option in Ohio. Her mother would be willing to “sign off” on some... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 20, 2021

You have three options so long as the biological mother is willing to sign-off.

1) Adoption. You can adopt the daughter, which would permanently cut off the biological mother from future parenting.

2) Guardianship. You could assert yourself as a guardian over the child in probate...
Read more »

1 Answer | Asked in Civil Litigation and Employment Law for Ohio on
Q: Can a business not pay you for hours you worked for their company?

I worked for a home health care company for about a month and they didn’t pay me at all. I had an old traffic violation warrant and went to jail a couple days, but was able to return to work. They claim that since I didn’t turn in my “hard copy” of my hours worked(this is just where I write... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 12, 2021

They are in breach of Ohio wage and hour law. Contact an employment lawyer or file a complaint with the Ohio Department of commerce.

1 Answer | Asked in Criminal Law and Federal Crimes for Ohio on
Q: I did get a payday loan and was not able to pay it, is that fraud?
Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 12, 2021

No.

1 Answer | Asked in Family Law for Ohio on
Q: My brother has hired a private attorney for us to oversee everything. Will that be enough?
Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 12, 2021

Can you give a little more information? What is the attorney overseeing?

2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: My Dad passed away in Ohio, I live in WV. Do I have to go to Ohio to get my inheritance?
Nicholas P. Weiss
Nicholas P. Weiss answered on Mar 12, 2021

You don't have to physically go there, but you do have to open up a probate case in the county where your dad either resided or passed away. Contact a probate lawyer in that county who can act as an administrator of the estate to ensure you are distributed your inheritance.

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3 Answers | Asked in Family Law for Ohio on
Q: If I have full custody do I have to let my daughter go visit her mother in another state if I don't feel it's safe to do

I have full custody in ohio and she doesnt have any legal rights as moved to california. Shes demanding I send her to California during the pandemic and I have no clue who she lives with or would be around if something happened.

Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 23, 2021

If she has no rights to visitation then you do not have to send her. If she has out-of-state visitation rights you may have to send her. Review your custody order.

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1 Answer | Asked in Business Law, Contracts, Landlord - Tenant, Estate Planning and Probate for Ohio on
Q: Is my mom responsible for payment of a business lease if she is not on it? Dad died, no will, landlord wants a yearof $

My dad signed a 2 year business lease on 1-19-2021. He passed away 1-31-2021. He leased for 30 years from the landlord, was never late with his payment and now the landlord wants my mom to pay him a year's worth of rent to end the lease. She was never on the lease. They were married for 60... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 16, 2021

If your mom is not a guarantor or co-signer then she has no liability to the landlord and should not pay anything.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Ohio on
Q: Can employer work you past your doctors restriction on hours

I have a left foot injury before I started employment with my company and they was aware of previous surgery on ankle before I was hired after working for 7 months or so had several big knots in bottom of left foot that was causing me a lot of pain and discomfort my doctor put me on restrictions... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 16, 2021

This sounds like you potentially have a claim for disability discrimination. If he terminated you because you could not or would not work beyond your work restrictions, that would be actionable.

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: My father passed away his bank account beneficiary is his ex-girlfriend but he said in his will im the beneficiary100%of
Nicholas P. Weiss
Nicholas P. Weiss answered on Feb 16, 2021

The bank beneficiary designation will govern and that money will not go through probate.

1 Answer | Asked in Consumer Law for Ohio on
Q: Hello. May I please have a small moment of your time?

I hired a roofing contractor to replace my roof. All he have done is tarp the areas that were leaking. However, once my insurance cut the check, he said he needed the whole check to replace my roof but, 25% of the check was supposed to be used for the drywall repairs on the inside. He also said I... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jan 4, 2021

This will depend on what the contract you signed said. Most of the time for roof repair you are required to make payments in intervals, with the full amount due upon completion. If the contract was silent on that, then you should not have to prepay unless specifically stated.

If there was...
Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My almost four year old grandson has been with me since about four months old. Both parents are currently incarcerated.

His parents were never married and his father is my son. Can i file for custody of him?

Nicholas P. Weiss
Nicholas P. Weiss answered on Jan 4, 2021

Yes. If the parents are unmarried and you can establish that they are unfit then you can obtain custody.

1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Ohio on
Q: Can I report our neighbors weed smoking just based on smell?

We live in a duplex in the upstairs apt, either our downstairs neighbor or their constant guests smoke weed. The smell is very distinct and foul and illegal in Ohio. From what I've read, even medical use prohibits smoking it or cultivating. The smell invades our stairway almost daily and... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 9, 2020

The landlord is required to evict anyone they reasonably suspect of using a controlled substance, including marijuana. If you put them on written notice of this, and they fail to do anything about it within 30 days you can either 1) terminate your lease, 2) sue for damages or 3) escrow your rent... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: My ex filed emergency custody of my 5 month old daughter its been pasted 10 days since the filling what can I do
Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 9, 2020

File a motion for leave to file a response along with an answer to the emergency custody motion and appear at the hearing on emergency custody.

1 Answer | Asked in Child Support and Family Law for Ohio on
Q: At 36 yo, we found out my father is not my biological father. Can he go after my mom for the child support he paid?

We found out through 23nMe. They divorced when I was a baby. Very messy divorce. He didn’t pay much but only paid till I was 13 years old. I moved in with him from my mother’s due to abuse. Both parents abused me mentally and physically, as well as each other.

Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 9, 2020

No. He waived his right to contest the child support order. The only way to waive the arrearage would be to have your mom agree to it, and even then she cannot waive any support owed to the state.

1 Answer | Asked in Child Custody for Ohio on
Q: Hi my husband just got lab papers for a dna test of a child.

If it comes back his kid can he right sign rights of the child over to the mother for free

Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 9, 2020

He can consent to her being primary custodian, but he can't waive his rights unless someone else adopts the child.

1 Answer | Asked in Child Support for Ohio on
Q: My ex is objecting a child support order , What if anything should I worry about?

His support was raised . He has not had a modification in 5 years . He has missed parenting time on occasion and doesn’t pay half of the expenses previously agreed upon .

Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 9, 2020

Support is just a math problem. His objection would be on the basis of either 1) they got his income wrong; 2) they did the math wrong or 3) they are ignoring a prior deviation. If it's 1 or 2, then you can oppose it on the basis that CSEA got it correct. If it's 3 then he will need to... Read more »

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: In the state of Ohio can my wife give her mother temporary custody or power of attorney over our child without both perm
Nicholas P. Weiss
Nicholas P. Weiss answered on Dec 9, 2020

Usually, no. If you are served and don't object, however, then the court can award temporary custody. The court could award custody over your objection, but it is very difficult to give a non-biological parent custody rights over a biological parent.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: If you are evicted and owe back rent in Ohio is the landlord still required to send an itemized list within 30 days?

Please see Ohio Revised Code 5321.16 Procedures for security deposits. As far as I can tell from reading the law it seems landlords are required to send an itemized security deposit list regardless of whether or not there is back rent owed. Can you still collect damages if they fail to provide the... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 12, 2020

Yes, but you're only entitled to double damages and fees if you sent them a request for the deposit and gave a forwarding address. If you did that then you could have a case.

1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: I pay child support for my 3 kids but the mother won’t let me see them there has been no order of custody how do Ic them

I filed for visitation but since there is no order of custody the visitation paper was not accepted

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 12, 2020

You need to file a complaint for the allocation of parental rights and responsibility and for parenting time. If you are in Cleveland, this can be done at the Cuyahoga Juvenile Court. You need to establish a custody order first.

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