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Questions Answered by Nicholas P. Weiss
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...
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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.

1 Answer | Asked in Child Custody for Ohio on
Q: Unwed couple, living together but currently on a temporary separate living arrangement.

What rights would the mother have if the father decided not to give the children back after the agreed visiting weekend? There are no court orders and the children have been living with the mother at their primary residence.

Thank you for your time.

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

If the parties are unwed and there is no parenting order in place then the father has no parenting time rights. The mother can take the kids back, using the police if she wishes. It would then be up to the father to seek a parenting order.

1 Answer | Asked in Real Estate Law and Estate Planning for Ohio on
Q: My grandmother had a will leaving all 4 of her children her house. My father has passed does his share go to his kids?

My half siblings are splitting the money between them and not giving me anything. Can I sue for my half? What kind of lawyer do I get?

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

It depends on what the will says. Usually, there is a provision saying that if someone predeceases the decedent, that their share goes to their children evenly. That's the default rule anyway in Ohio if the will is silent on that. If either of those are true then you should be sharing evenly... Read more »

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Small Claims for Ohio on
Q: What information does a company like Midland Credit need to collect an unpaid debt that will hold up in court in Ohio?

Will a simple statement (without a list of transactions) work? Or do they need the original agreement and list of transactions? This is for an unpaid credit card debt that was charged off and sold to Midland Credit. (Assume you're trying to fight it without filing bankruptcy please.)

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

A statement will work showing that you made charges. They don't need the original agreement. They do have to prove that they actually own the debt, and many times don't bother to prove that.

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2 Answers | Asked in Real Estate Law for Ohio on
Q: Mortgage discharged in 2/2010 (Ohio). Sold 3 times. No foreclosure. I"m paying insurance water & sewer. Need name off

I can't seem to have it taken out of my name. Is there a process to have it done? Tried deed in lieu. County won't foreclose on property taxes and mortgage company won't foreclose on property. I have been maintaining grass cutting and snow removal because my name is still listed... Read more »

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

The process to have it done is to sell the property to someone else. I don't understand how it's in your name if it's been sold three times. Are you referring to the note being sold or the property being sold?

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2 Answers | Asked in Estate Planning for Ohio on
Q: POA for my mom

My mom has been in and out of nursing homes and been paralyzed with a stroke and can not speak or understand, just this week I had to put her into hospice and she has gerber life insurance that I have been paying for her incase if something happens, The nursing home has tried the POA thing and told... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Sep 2, 2020

Agree with Mark Turner's answer. I would add that if you need to make decisions for her then I would recommend that you pursue a guardianship to take care of her and her finances.

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: I filed for a divorce with children. My ex has the paperwork. Shes not responding to it. What happens next?

We have a year old daughter who lives with me. She is not responding to the divorce. What will happen?

Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 24, 2020

If she's been appropriately served, the court will convert the divorce to an uncontested case. This means you will need to submit a proposed judgment entry ahead of time and present some evidence as to the divorce.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: If your landlord try’s returning your security deposit after you’ve sued in small claims, do you have to except ?

My landlord has not returned my security deposit yet and it’s been 2 months already. I filed a small claims case , suing for double , and right when I did , then they wanted to finally respond saying that it’ll be coming in the mail. I asked them to pay the $65 filing fee I had to pay and then... Read more »

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

You can reject the payment. The damages, including double damages and costs, accrue at the time of filing. If they hadn't paid anything at that point, then they are still liable for the security deposit plus statutory damages.

1 Answer | Asked in Child Support and Family Law for Ohio on
Q: Child support order contested.

I took my daughter's father for child support and he's been dragging it on. We had our hearing over the phone and he wouldn't answer and he never even sent in any of his information regarding pay stubs and what not. He doesn't want to pay for her at all and has been marking off... Read more »

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

If he refuses to provide information then the court will either 1) take your word for it or 2) impute a likely income for him given the information. He cannot evade child support by using a voluntary reduction in income (like FMLA). He can bring it up, but the court won't consider it.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Will subpoenaing my 10 year old daughter's upset the magistrate and hurt my chances?

I have court on the 27th and my last resort is to put my daughter's on the stand to tell their side of the story and how they are treated. Even after proving domestic violence in the home the magistrate still would not grant me temporary custody. they should have never been removed from my... Read more »

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

If this is a child custody matter then your daughter cannot testify. Instead, you should seek to have the court conduct an in camera interview with the child. The judge will speak with the child and the GAL alone and ask about how she is treated. Her testimony will not be allowed in open court.

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