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My child's mother has been absent for two years, during which I've been the primary caregiver. She has been labeled as unfit. Can she legally take the child from me now?
answered on Apr 29, 2025
Under these facts it is possible but highly improbable. There is much that you did not include that I would want to know. When you said "labeled" unfit. By who? Was that part of a court order? If so, mother would need to file a motion to modify the current custody order. In order to... View More 
My father, who is very ill and under hospice care in Ohio, has expressed his wish to be buried with family in Florida. A woman he has been in a long-term relationship with has taken charge of his medical decisions, claiming they are married, though there are no legal records to support this, and... View More
answered on Apr 28, 2025
I would find out where they were allegedly married and see if there is a marriage licence registered there (with the proof of solemnization of the wedding). If there is no wedding then she would at the very least need POA or be listed as a Health Care Declaration proxy. Your question did not... View More
I live in a HUD apartment in Cincinnati. My landlord has given me a 72-hour notice that they will be running cable wiring through my apartment on 04/24/2025 to provide other tenants with internet service. I do not have or want cable internet and am concerned about this installation. My lease does... View More
answered on Apr 23, 2025
This sounds like a necessity on the part of the landlord to provide a utility to everyone. I would want to look at your lease but as long as the actual time in the apartment is minimally invasive and less than say a few hours, i'd say this is not something the courts would entertain. Refer... View More
I have an autistic 9-year-old who visits his dad every weekend, and we don't have any court orders. Recently, my son started touching himself, which raised my concerns. He told me he saw his dad doing the same and was instructed not to tell therapists or doctors about it or about seeing a... View More
answered on Apr 14, 2025
If you are going to successfully file for an ER custody order you need to show that Father is presenting an existential risk to your child. Merely stating that the behavior is deteriorating or disturbing may not be enough. You should be able to tell the court why it should Order a change without... View More
I'm planning to sell my home by owner and need clarity on the paperwork and closing procedures. What legal steps should I follow to ensure everything is handled properly?
answered on Apr 5, 2025
At a bare minimum you will need a purchase agreement for you and the buyer to execute. You will need to come to an agreement as to any money owed to any lender to the seller. You will need to have a deed drafted to be recorded confirming the transfer of the property. The buyer will need to fill... View More
I have a lease-to-own contract with my landlord regarding the property. However, my landlord's brother, who is listed on the deed, cannot be reached. The contract does not mention the brother, and I have been paying taxes and doing repairs. How can my landlord proceed with selling the house to... View More
answered on Apr 3, 2025
You should invest in the time of an attorney where this property is who practices real estate law regularly. It is imperative that a lawyer review your land instalment contract. Further, you may need to file a quiet title action to settle the status of the property. WIthout a review of the... View More
I have been separated from my husband for about three years, and we have no legal custody agreements. We agreed that our son, who is almost four years old, would spend the holidays with his father, and I would pick him up in the first week of January. When I tried to pick him up, my husband... View More
answered on Apr 2, 2025
It sounds like you really need to hire a domestic relations attorney i the city where your husband filed for divorce. While you have a right to represent yourself, I do not recommend it. This forum is for answering general questions. No attorney can teach you within a single answer each rule of... View More
I accidentally made an overpayment of approximately $2,000 from my bank account to the rental company for last month’s rent. Approximately $500 of that amount was used to pay for my ex's portion of the rent, even though he had agreed to cover his share. The rental company sent a check with... View More
answered on Mar 28, 2025
Many more facts are needed to answer this question. When you refer to your ex, are you referring to an ex boyfriend or an ex husband? If it is an ex husband, is there a final divorce decree including a separation agreement, or is this a pending matter? When you say that your ex agreed to cover... View More
I live in an apartment building, and my car was out of service and parked in the building's parking lot for a month. I informed management via email that it was my car and that I was saving for repairs. Despite this, they towed my vehicle. There is no signage about towing or parking limits,... View More
answered on Mar 28, 2025
Sadly, more information is needed to fully answer the question. You stated "no formal lease agreement". What does that mean exactly? What kind of agreement is there? Are you paying the landlord directly? Are you a tenant? A subtenant? Your relationship to the building and parking... View More
I finalized my divorce two years ago, and part of the agreement involved exchanging taxes every two years. My ex-spouse, who now earns significantly more than when our agreement was based on an $80k salary, suggested increasing my alimony by $100 cash monthly and offering his Travel points for... View More
answered on Mar 28, 2025
If your separation agreement did not reserve the Court's jurisdiction to modify spousal support you cannot do so now. You should speak to your divorce lawyer and review the divorce agreement/decree and see whether jurisdiction to modify was reserved. If so you may file the motion to modify... View More
When I was arrested in New Hampshire for alleged domestic violence, which was recorded on a body cam on the side of an interstate highway, my girlfriend was questioned at the scene but no statements were taken. Charges were later filed. Is it mandatory by law for the arresting officers to read me... View More
answered on Mar 24, 2025
The "Miranda" warning is issued by law enforcement officers who are about to take an individual into custody (typically at the time of arrest) as a means of assuring that the criminally accused is aware of the rights to an attorney, and to remain silent. Our justice system has this in... View More
What happens if a house remains in a deceased person's name when there is a will and a Transfer on Death Deed, but the heir/executor does not file it and still pays the taxes and utilities in the deceased person's name? My grandfather passed away in 2019, and my dad, who is the only child... View More
answered on Mar 21, 2025
Your best bet is to file an affidavit of confirmation along with a copy of your grandfather's death certificate with the county recorder's office. That will provide notice that the property is now titled in your dad's name. You will also need to file appropriate documents with the... View More
My father recently passed away in Ohio, and he was contacted about a settlement related to his father's land with oil rights. There was no will, and my mother has a marriage certificate as his widow. My father had children from a previous relationship, and they are claiming they should split... View More
answered on Mar 10, 2025
The actual answer is within Ohio's Statute of Descent and Distribution R.C. 2105.06 (C) states that if the person dies the property passes as follows:
"If there is a spouse and one child of the decedent or the child's lineal descendants surviving and the surviving spouse is... View More
I record all my phone calls, and I have a recording of my child from such a call. My attorney has advised me that in the state of Ohio, a recording of a child is not admissible in custody court under any circumstances. The only previous custody hearing was the initial divorce, at which time there... View More
answered on Mar 9, 2025
I believe you should listen to your attorney. I would be highly offended if one of my clients were trying to crowdsource a second opinion. Trying to use a recording of a child in court is highly inadvisable. It never sounds the way to a judge the way a client thinks it will. At the most i... View More
But then my realtor told me that if the new home does not appraise for what the offer was
I still have to go through with the sell of my home. That leaves us without a home. Is this so
That I have to go through with the sell.
answered on Apr 18, 2024
Well it sounds like this might be the case, there's really no substitute by for investing in the time of an attorney to actually review the language of the agreement about what you're talking. It's the contract for sale of the home and your agreement with the realtor that's... View More
When he doesn't agree with we agreed to, he's constantly is wanting to change things. We both are supposed to have an ROR, which includes talking to the psychiatrist and or doctors. I agreed to be transparent about my medical health, even though i do not have any psychotic disorders. He... View More
answered on Apr 11, 2024
I don't see a specific question here. It sounds like you may wish to either file a motion to enforce your present agreement, or in the alternative terminate your agreement in favor of you having custody reserving visitation to the other parent. It sounds like you may wish to have a Guardian ad... View More
My son is an 11 year old 5th grade. He made verbal threats about harming/killing 6 students in his class to his guidance counselor. He has been suspended for 10 days with the recommendation for expulsion. I have no idea how to prepare for the hearing. I don't even know what questions to ask a... View More
answered on Apr 3, 2024
What you should truly do is seek out an attorney who has both some criminal defense experience, and education law experience. Your question doesn't state whether or not this student has a 504 plan or an IEP. If either of the is the case, then you need to make sure that the school is conducted... View More
I have three kids (one biological, 2 step), my step kids are 12 and 6, and there biological father has hardly been in there lives. My wife has full custody, and he's court ordered to pay child support. He's paid child support one time in 9 months (December 2023 was the last time and... View More
answered on Mar 31, 2024
The biological father must agree to the adoption under these circumstances. I he goes 1 year with providing support or contacting the children (without interference from you or your wife) you may be able to move forward without his consent. You should contact a family law attorney who also does... View More
Is it souly on the Rspondent to advoid these calls or can both be charged and arrested ?
answered on Mar 31, 2024
Protection orders restrain the respondent, rather than the petitioner. I agree with my colleague, while the petitioner will not get in any kind of legal trouble, it will undermine their ability to maintain the order or in the event that it's only a temporary order and there's an upcoming... View More
My childs father does not have sole custody and he does have to pay child support. There is no custody or visitation order through court but i do let him see his son on the weekends if hes not busy so its not a guaranteed every weekend. He is on the birth certificate so he is the established... View More
answered on Mar 30, 2024
If there truly is no custody order, parenting plan or visitation order on the record, and assuming you and father were never married, you may move. He has the right to file a motion to establish his rights however. You would be best served by investing in an attorney in the county in which you... View More
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