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Questions Answered by Nicholas P. Weiss
1 Answer | Asked in Contracts for Ohio on
Q: How would a blackmail contract work? Would it be legitimate and legally bounding?
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answered on Feb 9, 2023

No. That would be an illegal and unenforceable contract.

1 Answer | Asked in Child Custody and Family Law for Ohio on
Q: I’m 36 weeks pregnant, recently divorced from the father. He plans on signing his rights over, how do we go about it?

I have a two-year protective order in place, and recently moved due to the military. He is in Texas; and I am now in Ohio.

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answered on Feb 9, 2023

The only way to terminate his rights completely would be by stepparent adoption.

1 Answer | Asked in Family Law for Ohio on
Q: We have custody of both grandchildren. We want to adopt them. Parents agreed. What is process?

What would the process and is it expensive to do this we want to hire attorney to do this.

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answered on Feb 9, 2023

You can do this through your county's probate court. If you already have custody and the parents consent, it is an extremely straightforward process. An attorney can certainly guide you on this.

1 Answer | Asked in Small Claims for Ohio on
Q: Is the statute of limitations to sue in small claims court based upon when the crime took place or when discovered it?

I helped a friend open a boutique about two and a half years ago. I created several custom pieces for the shop and donated a bunch of my unsold merchandise on consignment. She spent the next year selling things out from under me without me being aware and badly damaging everything that was on... View More

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answered on Feb 9, 2023

Ohio has a statute of limitations for breaches of written contracts of six years (R.C. 2305.06); and for breaches of oral contracts for four years (R.C. 2305.07). You are within the time limit to bring a claim.

1 Answer | Asked in Real Estate Law for Ohio on
Q: Can a managing member who physically lives in Florida manage a property owned by an LLC in Ohio?
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answered on Feb 9, 2023

Legally? Yes. Practically? That is a recipe for disaster. Highly recommend hiring a local property manager.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Is my child's father entitled to a portion of the child tax credit I receive on taxes?

We are in Ohio and the child is 2.5. Her father and I have been separated for over a year and I have always claimed her. He has her 3-4 days throughout the week, so physical custody is about even. He doesn't claim her due to his child support for his other child is extremely behind. There is... View More

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answered on Feb 2, 2023

If you were not married and there is no custody or support order then he cannot claim her on his taxes.

2 Answers | Asked in Divorce for Ohio on
Q: If my wife and I are starting to work through a divorce. do I stay in the house?

My wife indicates she is seeking a divorce. she has stated I should pack and move out. I pay the mortgage and utilities, my wife does not currently have a job.

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answered on Feb 2, 2023

Do not leave the house. Most courts have local rules stating that if you vacate the house for a period of time (usually sixty days) then you can be barred from returning.

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1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: Do I have to appear at a pre-trial for a subpoena I got in the mail?

I'm a victim in a domestic violence case but want the case dropped. I was not served the subpoena but got it in the mail. I've heard from other people that I do not have to appear but I do not want to be in contempt.

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answered on Jan 27, 2023

Getting it in the mail is service of the Subpoena. You should appear.

1 Answer | Asked in Contracts for Ohio on
Q: Are both parties required to provide a mailing address to make a contract valid and enforceable?

We are trying to contract with an illustrator. Our CEO is insistent that we require the illustrators physical mailing address for the contract to be valid, the illustrator is only offering us his email at this time.

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answered on Jan 27, 2023

It can be valid without an address. I agree with your CEO though that you should require a physical mailing address in the contract. If the contract is breached and you need to sue then you will need their address to start the lawsuit.

1 Answer | Asked in Appeals / Appellate Law for Ohio on
Q: is there any way to appeal a cpo after a year if new evidence has been made available
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answered on Jan 27, 2023

You shouldn't need to appeal. Instead you can petition the court to rescind or modify the cpo due to new evidence.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: Do we file contempt for not being allowed any contact with our kids or do we file for visitation first?

Maternal grandmother has legal custody. At the court hearings on the stand she said she wanted the kids to see us and that she'd allow supervised visits for now but we'd need to set it up ect. The court order just left it as a general reasonable visitation and stated they didn't feel... View More

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answered on Jan 17, 2023

File both. The contempt should seek as a sanction that she return to Ohio. The court will not be happy that she left the jurisdiction.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Ohio on
Q: What are my rights as far as child support? I wanted a civil dissolution but now ex hasn't helped in 4 months.

My ex moved out in May. He stopped paying on the car i drive months ago and we had an agreement for him to help financially weekly but he stopped back in November and only has our 2 kids overnight 2 times a week. Now he is moving in with his current girlfriend who has 4 kids, 2 seniors 2 freshman,... View More

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answered on Jan 16, 2023

If you are married, you should file for divorce and seek a temporary child support and spousal support award as part of your filing. If you are not married, you should go to your county's child support enforcement office to obtain an administrative child support award.

1 Answer | Asked in Uncategorized for Ohio on
Q: my sisters son has POA, his wife is signing my sister's name to checks without my sister knowing, can she do that?
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answered on Jan 13, 2023

No. She does not have the POA and even if she did would need to sign her own name as POA.

1 Answer | Asked in Adoption for Ohio on
Q: Can I adopt my grandson that I have had custody of for 3 years? The dad is in federal prison on drug charges.
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answered on Jan 13, 2023

If the father has failed without good cause to see the child OR has failed to provide more than de minimus support for at least one year prior to a petition for adoption, you can obtain adoption over your grandchild without his consent.

1 Answer | Asked in Family Law for Ohio on
Q: I have a durable family POA for my granddaughter. Her biological father has filed for custody. Can I ensure visitation?

I live in Pa and her biological father lives in Ohio. I don't mind that he has filed for custody. I just want to make sure I can still see my granddaughter. Her mother is currently incarcerated in Florida.

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answered on Jan 13, 2023

If the case is in Ohio: So long as the parents were never married you can intervene and seek visitation rights.

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: What county should you file a complain for parentage in ?

My fiancé has two boys. He wasn’t married to their mom. He has a child support order in summit county. He’s on their birth certificates , he’s had parenting time with them bi weekly since they were born. Their mom sometimes will withhold visits and he can’t access their medical records or... View More

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answered on Jan 5, 2023

If there is a child support order then you do not need to file a complaint for parentage. You need to file a complaint for visitation or custody. You should file it in the county where the children reside.

1 Answer | Asked in Divorce, Family Law and Child Custody for Ohio on
Q: my parents are getting dicorced soon and idk how to convince the court in unsafe at my moms and abused with no pictures

the divorce might be this summer but idk, im scared my dad wont get custody and my mom will hurt me for trying to live with him, i never get a chance. to record her or anything and she isnt psychically abusive, but i have been sent to mental wards twice because of the stree, im only 13 and i want... View More

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answered on Jan 5, 2023

Your father needs to seek a guardian ad litem to represent you in the divorce. Talk to the guardian once they are appointed and tell them this information. It is very likely that the guardian will recommend custody to your father if they hear you say that, even without proof.

If you are...
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1 Answer | Asked in Family Law and Probate for Ohio on
Q: My mom passed away and she has a van in her name which my drug addicted nephew drives around in. Since the van is in the

Estate how do I go about getting the van back from him. My mom has 5 grown kids. If he was in a bad accident and killed somebody, I’m afraid we could all be sued. What should I do?

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answered on Dec 26, 2022

Open the estate and report the car as an asset. As administrator/executor, report the car as stolen and inform the police where it is.

1 Answer | Asked in Family Law for Ohio on
Q: My estranged husband is allowing my daughter to stay with him, and not attened school and I am truant? My options?

I am in Ohio and my estranged husband lives in KY. My 15 year old daughter who lives with me is refusing to come home because she doesnt want to go to school and he is not making her. She is 15 years old. I have proof where he has provided her with vapes, alcohol, and marijuana in the past but she... View More

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answered on Dec 22, 2022

You need to file for divorce and seek an emergency custody order as part of your initial filing on the basis of your allegations and the truancy issue.

1 Answer | Asked in Uncategorized for Ohio on
Q: Judgement was made where service on the judgement was not completed, does the judgement still go into effect?

Ordinary mail was the original service on the reopening of the case. The defendant did not get service but it was not returned to the court. The judge made a judgement and the defendant was not present. Ordinary mail was sent with the judgement and it was returned without service.

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answered on Dec 22, 2022

The judgment is still good, but can be voided or revoked by filing appropriate motions with the court.

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