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1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I want to change my child’s last name to mine and terminate fathers rights. How do I go about this process?

Father is not listed on the birth certificate and paternity has not been established. I have no contact information and whereabouts are unknown.

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 3, 2022

In all name changes for minors in Ohio, both natural parents must consent to the name change or be notified of the hearing on the application for the change of the minor's name. If one parent does not consent that parent must be served with notice of the application and hearing by certified... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: I am trying to get custody back for myc15 year old daughter which her half brother has custody I need to know my chances

I just got out of prison 3 months ago I am clean have a good job pay child support but I live with my sister and her husband but I have my own room and so does she

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 3, 2022

Parents can file a Motion to Modify Custody in Ohio based on a change in circumstances concerning the parties and/or the child. Prior to filing a motion it is always good to make an attempt to contact the other party to request visitation and/or their views on changing custody. While courts will... Read more »

1 Answer | Asked in Civil Litigation for Ohio on
Q: Is my husband allowed to sell a car that’s in his name but I helped pay for from under me
Joseph Jaap
Joseph Jaap
answered on Jun 3, 2022

If his name was the only one on the vehicle title, then his signature alone was sufficient to legally sell the vehicle. It does not matter whose money paid for it. The signature of a spouse is not required if that spouse's name is not also listed on the title. Dividing up the money from the... Read more »

1 Answer | Asked in Elder Law for Ohio on
Q: My dad recently moved into a managed care facility. My brother filled his Medicaid paperwork out so I don't know detail

What am I to do with his car? Sell it and hand the money to the managed care? Keep renewing the registration and pay insurance while it sits? I'm afraid to drive it myself since I don't want to cause any issues that would make my dad lose his Medicaid benefits and I fear getting in an... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Jun 3, 2022

If you sell the car, the funds must be spent down within 30 days. It is not sufficient to just hand over the funds to the facility. Perhaps the funds can be used to pay for a prepaid funeral plan.

Also, if you let his house just sit there, then when he passes away, Medicaid will put a lien...
Read more »

1 Answer | Asked in Elder Law for Ohio on
Q: What to do if my father is considered a behavioral problem and a social worker can’t get a nursing home to approve admit

My father has dementia and when he was first put in a nursing facility and was disoriented became aggressive towards staff. He is now in a hospital for Alzheimer’s patients however he needs to be discharged at some point and nursing facilities who were contacted by the hospital social worker,... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on Jun 3, 2022

If he was in a nursing home prior to being admitted to the hospital, then he is technically still a resident of the facility. They must notify him in writing before he can be discharged from their facility. Once they notify you in writing, then you can appeal it. If you attend the appeal meeting,... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: I have had to leave my girlfriends condo due to her drug induced son. How can i get my possessions?

I have a very nice bicycle and watch along with computers and my clothes

Christopher Piazza
Christopher Piazza
answered on Jun 2, 2022

Generally, in these cases, I advise my clients to call the local police for the area where the condo is located (for example, Strongsville PD or Cleveland PD 2nd District). Tell them that you want to get some stuff out of the house. They'll dispatch officers who will knock on the door, ask... Read more »

1 Answer | Asked in Child Custody for Ohio on
Q: I live in franklin county and I need to get my custody case moved here instead of union county.

He has used his money to break my family apart and it is so hard to keep doing this.

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 2, 2022

The Ohio Rules of Civil Procedure 3(D) states that upon motion of any party or upon its own motion the court may transfer any action to an adjoining county within this state when it appears that a fair and impartial trial cannot be had in the county in which the suit is pending. This means parties... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: In the Magistrate's Decision in a custody case, are the findings of fact enforceable?

For example, if under the finding of facts it says that one parent will have final say but it is not mentioned in the decision, does that parent have final say?

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 2, 2022

The Ohio Rules of Civil Procedure 53 (D) (3) states a party may file written objections to a magistrate’s decision within fourteen days of the filing of the decision... if any party timely files objections, any other party may also file objections not later than ten days after the first... Read more »

2 Answers | Asked in Family Law and Probate for Ohio on
Q: My father died and his money was given over to my aunt since I was a minor, she apparently put it in a fund & I want it

My father's obituary says I have a trust fund and my aunt is the person who holds the money at a bank. I can't figure out which bank it is or how much money is there/or was spent but I feel like I'm being lied to. I need help.

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 2, 2022

The best place to start when investigating a family probate issue is at the county Probate Court where the decedent resided at the time of passing. The court keeps record of cases where property is held in trust by third party individuals. In some cases, the trustee or custodian is required to... Read more »

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2 Answers | Asked in Family Law and Probate for Ohio on
Q: My father died and his money was given over to my aunt since I was a minor, she apparently put it in a fund & I want it

My father's obituary says I have a trust fund and my aunt is the person who holds the money at a bank. I can't figure out which bank it is or how much money is there/or was spent but I feel like I'm being lied to. I need help.

Joseph Jaap
Joseph Jaap
answered on Jun 2, 2022

Contact your aunt and ask for a copy of the trust agreement. Then use the Find a Lawyer tab to retain a local estate planning attorney to review the trust with you and advise you of your options.

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1 Answer | Asked in Elder Law for Ohio on
Q: Are bedrails used to prevent falls considered restraints in nursing homes in the state of ohio?
Moshe Toron Esq
Moshe Toron Esq
answered on Jun 2, 2022

There is no simple answer.

Here is a link to the regulation. https://codes.ohio.gov/ohio-administrative-code/rule-3701-17-15

Bed-rails are not specifically listed in the regulation as a restraint. However, a bed-rail certainly does restrain someone from free movement, so it can...
Read more »

1 Answer | Asked in Estate Planning for Ohio on
Q: Can I use an attachment to my Living Trust to list my beneficiaries (26 nieces & nephews)?

It's a revocable living trust.

Aaron Epling
Aaron Epling
answered on Jun 1, 2022

You may amend your revocable living trust by a document signed by you. Keep in mind that each word matters, so be careful.

1 Answer | Asked in Copyright and Intellectual Property for Ohio on
Q: Company with two similar of the same company name in the same state

Hello,I own a landscaping business it’s been established since 2019 . In 2021 I noticed a new landscaping company With too much of a similarity to my company name. It wasn’t a problem till a this months when We started receiving backlash and constant phone calls of upset clients of theirs .... Read more »

Joseph Jaap
Joseph Jaap
answered on Jun 1, 2022

Use the Find a Lawyer tab to retain a local intellectual property attorney to review the facts and discuss sending a cease and desist letter raising issues of unfair competition, deceptive trade practices, and infringement against the other company.

1 Answer | Asked in Employment Law for Ohio on
Q: How binding is a non compete agreement at non management level?

Non compete agreements are often a condition of being hired. As such, I signed it when hired as I have bills to pay like everyone else. Otherwise, I would not sign as it would interfere with my right to pursue my career path. Now looking for work, how concerned should I be with that non compete... Read more »

Rebecca Hill
Rebecca Hill
answered on May 31, 2022

You should have your non-compete agreement reviewed by an attorney. An attorney would need to review the specific language of your agreement and speak with you about your employment and future job opportunities to be able to properly advise you on your obligations under the agreement, the extent... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I’m filling out a certificate of assignment for my dissolution but we have NO minor children. How do I fill this out?
Raquel Ann Parish
Raquel Ann Parish
answered on May 30, 2022

Pursuant to Ohio Revised Code 3105.171 A division or disbursement of property or a distributive award made under an Ohio Divorce is not subject to future modification by the court except upon the express written consent or agreement to the modification by both spouses. This means a final order... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I want to leave my boyfriend but he's threatening to take our son. How does the court view mothers who go to shelters?

My boyfriend claims the court will award him full custody because he can financially support our son and I can't. I'm currently a stay at home parent and he works. If I leave him, I'll have to go to a shelter because I don't have any money or support system nearby. I'm... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on May 27, 2022

Ohio Revised Code 3109.04 states that the court shall consider several best interest factors concerning the minor child for child custody cases including, whether either parent has established a residence, or is planning to establish a residence, outside the state. It is difficult to argue that a... Read more »

1 Answer | Asked in Family Law for Ohio on
Q: If the GAL was just released from the case do I contact her???
Raquel Ann Parish
Raquel Ann Parish
answered on May 26, 2022

When a Guardian Ad Litem is released from a case for child custody it means that person has completed or is absolved from completing their duties as Guardian Ad Litem either because trial occurred and the case ended or the parties came to an agreement. The duties of the Guardian Ad Litem can be... Read more »

1 Answer | Asked in Family Law and Child Custody for Ohio on
Q: I'm currently in great fear for my child's life. Her father yelled out in court she is suicidal, please help!

My child has been kept from me bye her father after wrongfully receiving custody when he made a false allegation against my son of sexual abuse against my daughter . It was unsubstantiated and hospital found absolutely NO evidence,Long story, now he was found in contempt for keeping her from me he... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on May 26, 2022

Parents can file a Motion for the court to appoint a Guardian Ad Litem to request a full investigation by a neutral third party concerning the child during an Ohio Child Custody case. If the parents cannot afford the cost of the Guardian Ad Litem or are indigent they can request the court to... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: I am 66 and about to retire and work three days a week. I am also getting a divorce. I have already moved into my own.

My husband gets a pension from Ford motors. Now I have heard that I may be able to receive a part of that pension. We have been married 12 years. If this is true, will it be taken from his existing pension or not. If not, what steps do I take in order to receive this benefit. I could really... Read more »

Raquel Ann Parish
Raquel Ann Parish
answered on May 26, 2022

Pursuant to Ohio Revised Code 3105.171 a division or disbursement of property or a distributive award made by Divorce is not subject to future modification by the court except upon the express written consent or agreement to the modification by both spouses. This means that the final order... Read more »

1 Answer | Asked in Criminal Law for Ohio on
Q: Can you appeal a case that has been continued multiple times and the defendant is not guilty
Matthew Williams
Matthew Williams
answered on May 25, 2022

It sounds like the case is still in the pre trial phase so an appeal would be untimely. The basic timeline is arraignment, pre-trials (discovery and negotiations), either plea or trial, sentencing, and then appeal.

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