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Questions Answered by Nicholas P. Weiss
1 Answer | Asked in Child Custody for Ohio on
Q: How can I gain custody of my granddaughters aged 15 and 17 from their abusive father.

Their father was only in the picture when it was convenient for him. I helped raise, care for, and provide for them since their birth and was with them pretty much everyday. When their Mother passed on January 6, 2018, they went to live with their dad and he has cut off almost all contact with... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 3, 2020

You may file a petition for custody in your county's juvenile court. You have a lot of the deck stacked against you for this. You have to first prove that the father is an unsuitable parent, a high burden, and then prove that custody for you is in the best interest of the minor children. Most... Read more »

2 Answers | Asked in Landlord - Tenant for Ohio on
Q: If your landlord does not return security deposit can you sue for double in small claims?
Nicholas P. Weiss
Nicholas P. Weiss answered on Aug 3, 2020

Yes. Wrongfully withheld security deposits are subject to double damages plus attorney fees. You must make sure they have a forwarding address, in writing, for them to send the deposit, or it will not count.

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1 Answer | Asked in Consumer Law, Construction Law and Small Claims for Ohio on
Q: What steps do I take to get my money back?

We had a house fire, my contractor was given $40k, pulled no permits to work on my house, barely did any work and the work he did do was incorrect and has to be redone. He will not give the money back and at this point will not return phone calls.

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 21, 2020

This sounds like a violation of Ohio's home construction statute. I recommend bringing an action against him and seeking a claim against his municipal bond.

1 Answer | Asked in Juvenile Law for Ohio on
Q: A friend of mine has legal custody of her 3 nieces and nephews. If they are still in High School when they turn 18

can she stop them from moving out?

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 21, 2020

No. They are adults at that time.

1 Answer | Asked in Uncategorized for Ohio on
Q: Can my employer refuse my unemployment / FMLA due to Covid-19?

I was off work for a total of 6 days. I started showing signs of Covid-19 and sought out medical attention. I was turned away from my family doctor because I had several symptoms of Covid-19. I took an online health screening that advised me to get tested and quarantine until testing was done. I... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 21, 2020

FMLA does not provide for paid leave, so that's out. As to unemployment, that is filed with the state, and they make that determination. Did the state give you a reason as to why they refused unemployment compensation? It sounds like you just voluntarily left the job.

1 Answer | Asked in Employment Law and Civil Litigation for Ohio on
Q: Is it unrealistic for me to seek 30 years salary in a promissary esstopel case? I make around 400k
Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 16, 2020

I would need substantially more information to properly answer this. What was the nature of the promissory estopple? Why would you be unable to work for thirty years as a result of the breach of promise?

1 Answer | Asked in Adoption for Ohio on
Q: How do I go about my boyfriend adopting my 3 kids without father's consent

My daughter is 5 her father has not been in her life at all. Never contacts me never reaches out to me about her. My son is 2 his father has never reached out to me either never contacts me about my son. I'm currently pregnant and my child's father isn't around and I would like my... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 16, 2020

Yes, you can have him sign the birth certificate. You can adopt without the father's consent only if after applying the father is given proper notice. That he has been out of the child's life with no contact for over a year is a grounds for the stepparent adoption.

1 Answer | Asked in Child Support for Ohio on
Q: Can I get child support if the child has my last name and not the fathers?
Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 15, 2020

Yes. Regardless of the name you are entitled to support once paternity is established. If he is already on the birth certificate then this is conclusively established.

1 Answer | Asked in Consumer Law for Ohio on
Q: What is the statue of limitations for a bank to sue a person in Columbus, Ohio?

I had a bank account with Huntington National Bank back in 2003. I helped a friend get a rental car so he could go see about his daughter that was in the hospital in New York. The rental payment and everything went fine with no problems. Two weeks later I was informed that my account was overdrawn... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

Is someone actually bringing a claim against you? It's unclear from the question. Determining the statute of limitations depends on what cause of action they're bringing.

1 Answer | Asked in Criminal Law, Real Estate Law and Gov & Administrative Law for Ohio on
Q: Our deed was fraudulently transferred. The criminals have since been convicted. We have yet to have the deed returned.

This happened over 2yrs ago and the title office and everyone else has given us the runaround. The property has since taken on extensive damage due to vandalism ect.. What should be our next steps. Would the county be at least partially responsible for damages? The criminals were ordered almost... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

If the original court proceeding found the transfer to be fraudulent, you can use that to seek a voiding of the transfer. You may need to file a complaint for declaratory judgment and quiet title.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: My sister an I are trying to leave an abusive household. But she is 14, how can I gain custody of her I'm 20.

We've called the cops in the past and they didn't help in anyway. My family member is threatening to get us beaten up. We want to leave but we are afraid she will get in trouble for being a runaway. Is there anyway I can gain custody of her even though I'm a full time college student?

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

You could make a report to child protective services, or alternatively move for guardianship of your sister. You would have to establish in the guardianship proceedings that the parents are unsuitable to care for your sister. This is a high bar, but one that can be helped with a competant... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: Well I attempted to divorce my wife and the bias magistrate dismissed my case without prejudice for failure 2 prosecute

How do I now go about filing for custody of my children ..even though she will contest that

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

You likely failed to get service on her. You need to actually have her served with the refiled complaint. Request service through the clerk of courts via certified mail, and follow up with regular mail if that fails.

2 Answers | Asked in Real Estate Law for Ohio on
Q: I have been occupying the house that my husband won in our divorce for almost 30 years and he never had deed switched

Both of our names are on the land contract. Very soon after our divorce, he skipped town, letting me and my son stay on the property. I paid house payments, insurance, and taxes. But the deed is still in the previous owner's name. Now almost 30 years later he's back to "take care of... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

It doesn't make sense that the title hasn't transferred. Have you contacted the seller on this? You may be able to negotiate a sale to you directly, since you were the sole payor.

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2 Answers | Asked in Landlord - Tenant for Ohio on
Q: I opened my two family home up and let a friend of a friend move in and now they haven’t paid rent in almost two months

She said her boyfriend spent the money on illegal drugs to sell and now they are refusing to leave my home and have their friends in there with them living and no one is paying anything but me. There is no lease and I have footage of drug deals on my porch camera. How do I get these people out of... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

Serve them with a three-day notice to vacate. After they fail to do so, file for eviction with your municipal court.

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2 Answers | Asked in Domestic Violence for Ohio on
Q: I have a domestic violence charge and I wanna drop it

I have been accused of a domestic violence charge for no reason and I need help

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 10, 2020

Can you provide a little more information about your situation?

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2 Answers | Asked in Family Law for Ohio on
Q: If my spouse moved out of the state with my 2 children 3 years ago, and wont let me see them, what can i do?

We are still legally married. Can i file something that requires her to return to the state?

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 10, 2020

You can file a motion to show cause with the court asking why she should not be held in contempt. The court will likely force her to enter into a new parenting plan that allows for regular visitation.

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1 Answer | Asked in Probate for Ohio on
Q: Can I Petition to Dispense without administration if there is a life insurance policy?

My sister's and I have agreed that I get the car worth around $2300 and the split the remaining money left from the insurance after funeral expenses $5000. The funeral cost $ 5000. This is in Kentucky

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

I would repost this question under Kentucky law and not Ohio.

1 Answer | Asked in Copyright, Estate Planning, Family Law and Patents (Intellectual Property) for Ohio on
Q: Do i need permission from her parents/family to name my foundation after my late girlfriend

I live in Ohio and they live in California. Its for a non-profit and non-charitable, if thats a thing, foundation. It's to make changes, not money, for what people like her went through ex: wheel chair measurements and kidney failure sense birth

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

No. You do not need their permission. A person's name cannot be copyrighted or trademarked.

2 Answers | Asked in Divorce for Ohio on
Q: wife moved out to her ex but left her kids with me at the house

She committed adultery

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

Sounds like excellent grounds for divorce. Your location says that you are in Pennsylvania. If that's the case then that's where you will need to file and get advice from a PA attorney. Let me know if you're in Ohio so we can help.

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2 Answers | Asked in Consumer Law and Real Estate Law for Ohio on
Q: Who is the best person to talk to about consumer fraud? I suspect me and my husband are victims of consumer fraud.

My husband and I purchased the cabin. There was a verbal agreement that the seller would help us find a mover. I told him we would need help with getting a mover the first time I spoke to him. He said yes he would. Then when we proposed an offer and before he went in to the house to talk with... Read more »

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

It doesn't sound like you were defrauded. The seller gave you the names of two moving companies. Unless there was something specific in there about him actually having to help you move, it sounds like he held up his end of the bargain. You'd be better off just contacting new moving... Read more »

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