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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?

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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

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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

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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

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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... View More

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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... View More

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1 Answer | Asked in Real Estate Law for Ohio on
Q: Must a new owner honor an agreement made by the tenant with a previous owner?

My lease ended on 26 June. I am due to move out on 15 Jul. My previous landlord texted me with the sum of pro-rated rent ($875) for my last days on 26 June. On 27 June, the new landlord demanded full rent ($1800) for the month of July (1st - 30th). He said my old landlord was not in a position to... View More

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answered on Jun 30, 2020

Your new landlord doesn't understand how contracts work. The lease, in this case, an oral month to month lease, can exist and be enforceable when both parties make a promise to do a thing to the other. Your old landlord's promise was to let your rent for part of the month. Your promise... View More

1 Answer | Asked in Employment Law and Criminal Law for Ohio on
Q: I believe an employee recorded me on her cell phone without my knowledge. Is this legal and can the employee delete ?

she was told to do something several times that the work situation was hot and she didn't do it. I lost my temper and cursed.

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answered on Jun 29, 2020

As a matter of Ohio law, this is not illegal. Ohio is a one-party state for recordings, which means only one person has to be aware that the interaction is being recorded and consent to it to have the recording be legal. Her recording you at work may violate a corporate policy resulting in... View More

2 Answers | Asked in Real Estate Law for Ohio on
Q: My son owns property and for 15+ years has had an agreement with the next door neighbors to use a portion of their

property to access the rear of my son's property where he stores his boats and camper. Last year the neighbor sold his property and the new neighbors won't allow my son to use that piece of property to get to the rear of his own. The agreement with the former neighbor was verbal, nothing... View More

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answered on Jun 30, 2020

A prescriptive easement (adverse possession is for ownership, not use) requires 21 years of continuous use, but there are other easements that your son may qualify for. He could have either an implied easement (if the use was ongoing even prior to the separation of the parcels) or he could have an... View More

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1 Answer | Asked in Business Law and Civil Litigation for Ohio on
Q: If I am sueing a business for partial ownership can I force them to close while the dispute is being settled?
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answered on Jun 28, 2020

Unlikely. If there is a true ownership dispute and control over everything then the court will likely appoint a receiver to manage the company while the dispute is resolved.

1 Answer | Asked in Civil Litigation and Contracts for Ohio on
Q: Can I close a business down while I sue them for an ADA claim?

In Ohio

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answered on Jun 28, 2020

No. Once a lawsuit is initiated you can go through the civil litigation process, which does not result in the business being shut down. Even if you win it is unlikely that the business would be shut down.

1 Answer | Asked in Real Estate Law for Ohio on
Q: I purchased a home in April. Within three weeks of living at my home I had undisclosed plumbing issues. What can I do?

I have spoken with the plumber who has had to clear sewer lines in at least 3 occasions and the cities sewer manager also said a drain issue was discussed with the home owner at least 3 years prior to selling the house

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answered on Jun 28, 2020

You may have a cause of action for fraudulent nondisclosure. This will depend on whether there was an inspection contingency in the purchase agreement that included an inspection for sewer lines, which is unlikely as that is not commonly inspected. If you are able to prevail then you may be... View More

1 Answer | Asked in Real Estate Law for Ohio on
Q: I have an Ohio rental property but I live out of state. Am I required to have a licensed property manager?
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answered on Jun 25, 2020

This is municipality specific. Some cities require a licensed realtor to act as property manager. Others require nothing at all. Check the municipal and county regulations to see their requirements.

2 Answers | Asked in Real Estate Law for Ohio on
Q: I have a guy using my commercial property who missed 7 months of rent and is not complying with cleaning up all the junk

There is no written lease agreement. I was to evict him

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answered on Jun 30, 2020

You will need to go through the commercial eviction process. Because there has been no payment, you can post a three-day notice to leave and then file an eviction action in the municipal court where the property is located. You will need an attorney to file on behalf of your company if the property... View More

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3 Answers | Asked in Contracts and Divorce for Ohio on
Q: My ex wife financed a vehicle in my name 6 months before we separated. I was never in this car lot. She signed my name

In our divorce we were ordered to pay our own debt. She left the car somewhere and it got towed. I have no idea where it is. Now the finance company is threating to garnish my wages.

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answered on Jun 30, 2020

Step one is to file a police report. You will likely need it as a prerequisite to challenging the debt or seeking contempt against your ex. Alert the finance company to the fraud and challenge the debt with all three major credit bureaus (transunion, experian, exquifax).

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1 Answer | Asked in Employment Law for Ohio on
Q: I would like to know if I would qualify for some sort of wrongful termination case?

I am an independent contractor at a group mental health practice. I was informed that my supervisor has decided to terminate me from the company stating that my decision to open my own practice outside of hers is a conflict of interest. I informed her of my decision 3 weeks ago and she responded in... View More

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answered on Jun 23, 2020

SHe can terminate you for any non-discriminatory reason. The reason she gave, that you are directly competing with the business, is nondiscriminatory. She is allowed to terminate you.

1 Answer | Asked in Child Support for Ohio on
Q: If I lost my full time job? Can I reopen up child support case and revaluate the amount paid?
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answered on Jun 23, 2020

So long as you are involuntary unemployed through no fault of your own, you can request an administrative review of your child support order to seek a reduction in support. If you quit, or were terminated for cause, you will likely not be able to seek a reduction.

1 Answer | Asked in Criminal Law and Family Law for Ohio on
Q: My dad is charging my with false charges, CPS is getting called tomorrow, but I fear they won't listen again. Help?

My father is charging my with assault against him, for trying to defend myself against him attacking me. I have court this Wednesday. He refuses to let me get a lawyer, and I have no money to get my own. My mother did the same thing when I lived with her. She was beating me, the cops were called,... View More

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answered on Jun 23, 2020

You should request a public defender at your initial hearing after entering a plea of not guilty. You are entitled to representation in a criminal matter.

2 Answers | Asked in Animal / Dog Law for Ohio on
Q: I bought a dog for an agreed price from a woman Friday, today she told me she was "unaware of the lease the breeder had"

she wants me to return the dog or pay the balance of a lease i didnt sign. Since paying the agreed price and having it agreed upon via text do i have to return the dog?

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answered on Jun 1, 2020

No. You are what's called a bona fide purchaser, which means you took possession of the purchased property without any knowledge, actual or constructive, of any other ownership interest in the property (the dog). As a matter of law, you do not have to pay the lease. You may want to consider... View More

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2 Answers | Asked in Collections for Ohio on
Q: The above captioned case is dismissed without conjunction at plaintiffs cost for want of prosecution as to both.

What does that mean? I’m the defendant.

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answered on Jun 1, 2020

Plaintiff didn't take any action and so the case is dismissed.

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1 Answer | Asked in Child Support for Ohio on
Q: Can I waive my right to child support in Ohio?

My husband and I are in the beginning stages of filing a dissolution. He thinks that me having the kids and him just basically visiting would be the best option. The only thing holding him back is that he doesn't want to pay child support. Can I waive my right to child support just so I can... View More

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answered on Jun 1, 2020

You can't "waive" child support because it's for the children, not you. What you CAN do is seek a deviation of what the child support would be down to zero dollars. The court will likely accept it so long as everyone is agreed.

Your only issue here would be the cash...
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