Ohio Recent Legal Answers from Lawyers

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Ohio Recent Legal Answers from Lawyers
Page 13 of lawyers' answers to legal questions about Ohio.

Recent Legal Answers

What would it take for a father to get full custody of a 2-year old child?

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
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That should be sufficient to obtain custody. You will likely need to obtain a guardian ad litem to testify as to her conduct, but you should be able to be named primary custodian.
That should be sufficient to obtain custody. You will likely need to obtain a guardian ad litem to testify as to her conduct, but you should be able... Read Answer

Can you get abandonment on a child if the father hasnโ€™t been involved?

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family Law
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To change the child's last name all you need is for the father to receive notice of the proceedings through the probate court, where you would file the request to amend the birth certificate. If you wanted the father's parental rights terminated, you would need to seek a stepparent adoption. Lack of contact for a year is a means to establish abandonment that will allow the court to grant the stepparent adoption.... Read Answer
To change the child's last name all you need is for the father to receive notice of the proceedings through the probate court, where you would file... Read Answer

Do I have a right to ask my husband to leave the house

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
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You can ask him to leave, but until you get a court order for exclusive use of the house he is allowed to stay there. I recommend filing for divorce and filing a motion for exclusive use of the marital residence.
You can ask him to leave, but until you get a court order for exclusive use of the house he is allowed to stay there. I recommend filing for divorce... Read Answer

Is there a minimum amount of principle required to be paid to receive equity title and land contract?

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
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Title is not transferred until all payments are made. While you are right that there needs to be a foreclosure proceeding rather than an eviction if you've paid a sufficient amount of the principal, title does not transfer until you've paid in full.
Title is not transferred until all payments are made. While you are right that there needs to be a foreclosure proceeding rather than an eviction if... Read Answer

Can my husband restrict access to our funds prior to our divorce?

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
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You need to file a divorce and seek a temporary order for spousal support and for access to those accounts. Those are marital funds. He can split them between you, but he can't keep them from you completely.
You need to file a divorce and seek a temporary order for spousal support and for access to those accounts. Those are marital funds. He can split... Read Answer

What to do when a bank is in breach of trust

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Trusts and Estates
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You should not need to sign a waiver for that. Demand that they proceed under the trust or that you will pursue against them for breach of trust and breach of fiduciary duty.
You should not need to sign a waiver for that. Demand that they proceed under the trust or that you will pursue against them for breach of trust and... Read Answer

What do I need to file for custody of my nephews due to my sister's terminal illness?

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
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I recommend that instead of custody you seek guardianship. It is an easier process and can stay in effect after your sister passes.
I recommend that instead of custody you seek guardianship. It is an easier process and can stay in effect after your sister passes.

Motion of spousal support

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
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If the court lacks jurisdiction to modify spousal support then spousal support may not be modified. You will need to abide by the terms of the dissolution.
If the court lacks jurisdiction to modify spousal support then spousal support may not be modified. You will need to abide by the terms of the... Read Answer

My sons girlfriend would like me to adopt her baby. What do I need to do for this to happen

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Adoptions
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You can file to adopt in your county's probate court. So long as the mother consents, and the biological father does not oppose, the court will likely grant the adoption.   As an alternative, you may want to just seek guardianship. It is easier to unwind a guardianship than an adoption and it gives most if not all of the same powers.... Read Answer
You can file to adopt in your county's probate court. So long as the mother consents, and the biological father does not oppose, the court will... Read Answer

Why do I have to sign a closure document on a house my soon to be ex wife is purchasing.

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
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Because you are still married you have dower rights to the property under Ohio law. If you do not waive those rights, there is a risk that there will not be clear title to the property at transfer.
Because you are still married you have dower rights to the property under Ohio law. If you do not waive those rights, there is a risk that there will... Read Answer
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Hi, sorry to hear of your troubles. Yes you can certainly hire a new attorney. I would call the Bar Association in your state and tell them what your situation is.               Scott F. Bocchio, Esq. 855-254-7841              ... Read Answer
Hi, sorry to hear of your troubles. Yes you can certainly hire a new attorney. I would call the Bar Association in your state and tell them what your... Read Answer

Divorce

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
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Probably not, but as long as you have it it's going to be a source of tension. Talk with a third party and find a way to get him his belongings to resolve the issue.
Probably not, but as long as you have it it's going to be a source of tension. Talk with a third party and find a way to get him his belongings to... Read Answer

can my kids father hold my kids from me

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
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If you were awarded parenting time, file a motion to show cause for not allowing you to see them. If you are not awarded parenting time, file a motion to modify parenting time.
If you were awarded parenting time, file a motion to show cause for not allowing you to see them. If you are not awarded parenting time, file a... Read Answer

In the State of Ohio, I have a divorce decree that gave me the car. But its in my ex's name and she won't sign it over to me even though I have it.

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
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File a motion to show cause with the court forcing her to transfer it to you.
File a motion to show cause with the court forcing her to transfer it to you.

my dad passed in march of20 not married his sister has everything says she cant find will what can i do

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family Law
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You are allowed to begin the process to probate the estate without a will. Go ahead and start the process and seek to have the property transferred to yourself.
You are allowed to begin the process to probate the estate without a will. Go ahead and start the process and seek to have the property transferred... Read Answer

Major crack in basement foundation

Answered 5 years and 9 months ago by Nicholas Prescott Weiss (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
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It's going to depend whether 1) you had an "as is" clause in your contract, 2) whether you had a home inspection as part of your purchase agreement and 3) whether the crack was something a home inspector could have found. If there was an "as is" clause, you cannot recover for simple non disclosure, there has to be actual fraud. If you had a home inspection, and they should have found it, then you can't recover. The only way you could recover is if you had a home inspection and the inspector COULDN'T have discovered it with an ordinary inspection.   The biggest issue, however, is whether the seller is collectible. If they don't have enough money to compensate you, then this is a moot issue.... Read Answer
It's going to depend whether 1) you had an "as is" clause in your contract, 2) whether you had a home inspection as part of your purchase agreement... Read Answer
By "according to probate" do you mean "according to her Will"? Regardless, the only instance in which you need not open an estate in the local probate court is when someone has only left personal possessions of de minimis value (no action) or those and a house without a mortgage (Affidavit of Heirship -- which the courts will not enforce for five years to let any "accidentally" omitted heir object).  You cannot simply take over the mortgage payments and claim the house for yourself or anyone else.  The lender extended the loan based on your grandmother's credit, not yours.... Read Answer
By "according to probate" do you mean "according to her Will"? Regardless, the only instance in which you need not open an estate in the local... Read Answer

Can the police escort me out of my father's house

Answered 5 years and 9 months ago by Stephen Howell Jett (Unclaimed Profile)   |   1 Answer
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No.  He needs to evict you. Does he own the house, or do others also have ownership interest in the house? Please let me know if yoiu would like to discuss. Best, Stephen H. Jett 440-821-8515 sjett@jett.law www.jett.law
No.  He needs to evict you. Does he own the house, or do others also have ownership interest in the house? Please let me know if yoiu would... Read Answer

What do I have to do to legally make her move?

Answered 5 years and 9 months ago by Stephen Howell Jett (Unclaimed Profile)   |   1 Answer
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You can evict her. But you must first give her a 30-day month to month termnination notice, followed by a 3-day eviction notice. Please let me know if you would like to discuss. Best, Stephen H. Jett 440-821-8515 sjett@jett.law www.jett.law
You can evict her. But you must first give her a 30-day month to month termnination notice, followed by a 3-day eviction notice. Please let me know... Read Answer

landlord rights

Answered 5 years and 9 months ago by Stephen Howell Jett (Unclaimed Profile)   |   1 Answer
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I would argue that he has abandoned the property.  He clearly hasn't cared about it for months, and now wants it back. The question is do you really care?   Have you tried to relet the premises? Does he owe you rent? Please let me know if you would like to discuss. Best, Stephen H. Jett 440-821-8515 sjett@jett.law www.jett.law... Read Answer
I would argue that he has abandoned the property.  He clearly hasn't cared about it for months, and now wants it back. The question is do you... Read Answer
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Yes, you have rights. As you and I discussed by phone, I stand ready to assist you. I think we can put a stop to this quickly through a letter to the landlord, advising her of her breach of the lease (right of quiet enjoyment) by harrssing you. Once again, please let me know if you would like me to assit you with this. Best, Stephen H. Jett 440-821-8515 sjett@jett.law... Read Answer
Yes, you have rights. As you and I discussed by phone, I stand ready to assist you. I think we can put a stop to this quickly through a letter to... Read Answer
You are correct, if you are not a named beneficiary, you have no right to request an accounting, let alone see the trust instrument.  A trust is a private arrangement.  A trust instrument is a private document.
You are correct, if you are not a named beneficiary, you have no right to request an accounting, let alone see the trust instrument.  A trust is... Read Answer

Temporary guardianship

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Guardianship and Conservatorship
You will need to discuss this with a local family law attorney.
You will need to discuss this with a local family law attorney.

Who's asset is the trust?

Answered 5 years and 9 months ago by attorney Terry Lynn Garrett   |   1 Answer
The assets of the trust are the assets of the trust.  They do not belong to any individual.  The trust instrument determines how they are to be distributed by the trustee on your mother's death.  If you are a beneficiary, you are likely entitled to an accounting.  If not, not.  If you are a beneficiary, you cannot demand a distribution.  The trustee must follow the directions in the trust instrument.... Read Answer
The assets of the trust are the assets of the trust.  They do not belong to any individual.  The trust instrument determines how they are... Read Answer
You can sue her for defamation and seek damages as well as an injunciton preventing her from making any future false accusations.  Defamation cases are difficult to win, but suing her may bring er to recognize that she can face serious consequences for any repeat wrongdoing.  Perhaps as in interim measure before you go to the expense and hassle of starting a lawsuit, you could have an attorney write her a letter warning her that she will be sued if she doesn't stop.  If you do decide not to file a lawsuit now, you should know that defamation has a short stature of limitations,  I don't know what it is in Ohio but, for example, in NY you would be barred if you tried to sue more than a year after the defamation.)... Read Answer
You can sue her for defamation and seek damages as well as an injunciton preventing her from making any future false accusations.  Defamation... Read Answer