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Questions Answered by Nicholas P. Weiss
1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: If a father doesn’t have custody of his child can he put a protection order against someone else to “protect” the child

The father doesn’t live in the house with the child and has no court rights. The mother and father never married and he want to put a restraining order against someone who lives in the house with the child so they have to leave.

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answered on Feb 21, 2022

The father does not have standing to obtain a restraining order on behalf of the child. He would need to petition the court for emergency custody before he could do that.

This doesn't prevent him from calling the police or CPS, but he himself couldn't ask for a protection order civilly.

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: What does Ohio consider as de minimis contact?

I've had custody of a family members child for 2 years, the child has lived with me for over 4 years. No order of support was made due to their living on government assistance at the time. They always stated they would send money but never did. They cut off communication except for 2 hours at... View More

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answered on Feb 21, 2022

Three hours per year would likely constitute de minimus contact and their consent would not be required to proceed with the adoption.

1 Answer | Asked in Estate Planning for Ohio on
Q: I'm in Ohio and my grandmother passed 2 years ago.nobody filed an estate how to I get her house that is delinquent on ta
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answered on Feb 12, 2022

You will need to open an estate and probate the assets.

1 Answer | Asked in Adoption and Family Law for Ohio on
Q: Mother has no contact with child for 23 months and I want to change custody to me (3rd party) but court no jurisdiction

N/a

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answered on Feb 12, 2022

You need to file a motion to modify custody in the court that currently has the existing order. You will likely then need to transfer jurisdiction to where the child currently lives. You will be arguing that the mother has abandoned the child per the perales standard and have a strong likelihood of... View More

1 Answer | Asked in Divorce, Child Custody, Child Support and Civil Rights for Ohio on
Q: Can I take my baby mom to court so that I could claim my kids on taxes every other year?

They live with her but I am a very present father. I do more for them than I do for myself. Anything they need I always buy.

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answered on Feb 3, 2022

If you pay child support, you may be able to make an argument to claim one or more of the children, but it will be a fact-determination by the court.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Ohio on
Q: My landlord removed my door and is demanding we leave right now without filing an eviction

What can I do.

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answered on Feb 3, 2022

Call the police. He is trespassing and conducting an illegal eviction.

1 Answer | Asked in Estate Planning for Ohio on
Q: Does an electronic deposit made after death from an ira that had beneficiaries go to the estate if the benef is executor

I am exe of an estate. I am beneficiary of funds from Merrill Lynch acct. lawyer said if it was someone else I would have to give the funds to them. He said since I am the beneficiary I have to put it in her estate. The transfer was after death and I had already talked to Merrill Lynch. Is this... View More

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answered on Feb 3, 2022

You don't. If you are the named beneficiary of the IRA then those are non-probate assets and you can take them directly outside of the estate.

2 Answers | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: I want to know if we have a chance at obtaining custody

Me and my fiance live in ohio and he is going through a divorce. His ex is dating someone who has past domestic cases that are ten plus years old but he threatened us in November which was reported to the local police and we also believe they may be using drugs because she is acting differently... View More

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answered on Feb 6, 2022

If these facts are as you describe then your fiance has a very good chance of obtaining custody with minimal visitation to his ex.

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1 Answer | Asked in Child Custody and Child Support for Ohio on
Q: i need legal help for child support and child custody for my 2 kids

i dont have income coming in right as now but i just started a new job and will soon. my children's father thinks him and his girlfriends kids are more important then taking care of our kids. i just need legal need to get full custody and get him on child support. we agreed on a certain amount... View More

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answered on Jan 31, 2022

You don't need a lawyer to get him on child support. Go to your local child support enforcement agency office and apply, in person, for a support order for your children. They will handle the rest.

1 Answer | Asked in Consumer Law and Small Claims for Ohio on
Q: Signed an agreement with an unlicensed contractor to do repairs on from a fire and come to find out hes not licensed. C

Can I cancel the agreement? And he won't give me any receipts that I paid him up front...and he also lied about the amount he promised my bf working for him. We were helping him out with letting him have the job and getting his name out there and he tried to pull one over on us...do we have... View More

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answered on Jan 27, 2022

Yes. If you've paid him, but only because he told you he was licensed, then the contract was induced by fraud. Take note that if he did any work, you may have to provide some kind of compensation.

This may also be a violation of Ohio's Consumer Sales Practices Act.

1 Answer | Asked in Family Law, Child Custody and Civil Litigation for Ohio on
Q: If The child and I are under mandated quarantine do due to Covid positive, do I break my quarantine?

Thank you!

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answered on Jan 5, 2022

No. She can't. It sounds like she just enjoys filing things with the court. She should be sanctioned for sending the child out of state.

1 Answer | Asked in Child Custody for Ohio on
Q: I’m 16 can I legally move in with my boyfriends mom without my moms permission and is there anything my mom can do ?

I’m 16 and my mom and her boyfriend are horrible and I’ve had enough she seems to play favorites and so much more I want to go live with my boyfriend and his mom I plan on telling my mother the exact location of where I am is there anything my mother can do about it?

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answered on Jan 2, 2022

Yes. If she really wants to she can have you arrested as an unruly child and brought back to her. Please talk with her about this before you just up and leave.

1 Answer | Asked in Construction Law for Ohio on
Q: A customer requested an estimate for home repairs, they agreed to the contract, but cancelled 4 days before start date

The estimate is a detailed document sent to the customer via email or text. It states that it is used as the contract and that it follows general contracting conditions regarding payments. The customer agreed to the price and the start date and cancelled on me 4 days before the start date/ 8 days... View More

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answered on Jan 2, 2022

If there was no actual start and no costs incurred by the contractor, then no one has any rights. Everyone can terminate the contract without penalty. The only exceptions would be if 1) there was anything in the contract granting profit under the contract or 2) the contractor incurred any initial... View More

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: If I cosigned for a for my aunt under fear and it has been 5 months ago can I report it stolen

I just want to get my name off the car

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answered on Jan 2, 2022

Can you provide a little more information?

2 Answers | Asked in Family Law and Child Custody for Ohio on
Q: If Im 16 and am adopted but emotiionally abused here can I go to California and live with my Dad who never lost custody?

I am adopted but am hating it here I'm 16 but we have never gotten along. I would like to live somewhere else there is lots of emotional and physical stuff that goes on. would I be able to legally move to my live with my dad in his custody since he never lost it in the first place?

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answered on Jan 2, 2022

If you are adopted then your dad has no custody rights. If you are being abused or neglected call CPS to make a report and they can remove you from the home.

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1 Answer | Asked in Probate for Ohio on
Q: Sister passed, no will. Limited assets. I hired an attorney in Florida since I am out out state and let her know the

potential problem of one sibling/beneficiary. This was to be a simple summary, but brother here in Ohio likes the court scene with over 59 cases and will argue anything, true or not. It is costing me more and I may need to drop out mainly attorney fees are now $295.hr. shared this with the... View More

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answered on Dec 31, 2021

You have an attorney, so a lot of these questions should go to him or a different florida counsel. In Ohio, it is likely that his objections would be overruled by the probate court as unfounded, especially if there are no assets.

1 Answer | Asked in Landlord - Tenant for Ohio on
Q: Can I sue my landlord for mental duress?

I have notified our property management, as well as maintenance, that I need at least a few hours notice before someone shows up to my apartment because I have severe PTSD. They have sent maintenance without notice multiple times since, and continue to ignore requests for prior notice. This has... View More

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answered on Dec 31, 2021

Your landlord is required to give advanced notice, usually 24 hours, before sending people absent an emergency. You can refuse to have the contractors come in without this notice.

2 Answers | Asked in Business Law for Ohio on
Q: I loaned a friend $75,000 to start up his business. We signed a contract and he has missed two payments
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answered on Dec 31, 2021

What you do is going to largely depend on the terms of your agreement. It is likely that you can bring an action for the breach of the loan agreement.

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1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Ohio on
Q: Is it legal for an arranged marriage in ohio
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answered on Dec 31, 2021

There is no designation for an arranged marriage, but if you are being coerced into marriage then it can potentially be annulled as a result of the coercion. If you are a minor and your parents are forcing you into marriage then you should call 1-855-642-4453 and report this to Ohio's... View More

1 Answer | Asked in Adoption and Family Law for Ohio on
Q: Looking to get temporary guardianship of 4 children while their mother gets back on her feet.

We need to be able to put them in school and take them to the doctors. Would we need power of attorney? Or something else? What steps do we need to take?

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answered on Dec 31, 2021

If you are a grandparent it is a simple form for grandparent power of attorney signed by the mother that you file in your county's juvenile court. If you are not a grandparent then you need to file an application for guardianship with consent of the mother in your county's probate court.

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