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Lee Alan Thompson
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Lee Thompson’s Answers

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  • In Ohio, with 2 adult children, must I specifically mention each one in my will if I would like to see just one get my estate?

    Details explained in question

    Lee’s Answer

    I believe it to be absolutely essential to name both. Movies have left the impression it is necessary to one dollar to a named child but that's in the movies. However, the one being disinherited should be named.

    It's possible the one being left out and not named could challenge the Will stating the parent must have been incompetent because there is no way he/she would have forgotten me altogether. Or, if left out, there could be an argument an error was made by the attorney.

    The easiest way to state almost anything as long as the name is in the Will. Some people state, "To my son, John, I leave him all the love he showed me during my lifetime." I don't care for it because it becomes a final slap in the face to John. Another way to say something like, "I am aware I have a son, John, and his omission from this, My Will and Testament, is not occasioned by mistake or error but it is my well-considered intent." The exact wording isn't as important as naming the person omitted because a parent is expected to know his/her natural bounty(children).

    There are different reasons a child is omitted. It may be the child hasn't been around for years. Another reason may be that when there are two, one may be doing very well and the other is struggling and the parent desires to help the one that needs it.

    There are other ways to pass property to one child and not the other other than a Will. Some are very simple. See an attorney to see which ways are best for you.

    Best to you,
    Lee

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  • Dissolution

    I got a dissolution signed, went to court, etc. The certified letter just needs to come. What purpose to holding onto them is there? If I were to get remarried, would I need this?

    Lee’s Answer

    I don't completely understand your question. After the completion of any case, including a dissolution, the court sends out a notice that a final entry has been made. Ohio Civil Rule 58 states: When the court signs a judgment, the court shall endorse thereon
    a direction to the clerk to serve upon all parties not in default for failure to appear notice of the
    judgment and its date of entry upon the journal. Within three days of entering the judgment upon
    the journal, the clerk shall serve the parties in a manner prescribed by Civ.R. 5(B) and note the
    service in the appearance docket. Upon serving the notice and notation of the service in the
    appearance docket, the service is complete. The failure of the clerk to serve notice does not
    affect the validity of the judgment or the running of the time for appeal except as provided in
    App.R. 4(A).

    Rule 5 mentioned is generally done by regular mail, not certified mail.

    You will need a certified copy of the dissolution decree to get remarried. You should have a copy of the decree which has been filed with the court. Take it to the Clerk of Courts and get it certified. In my county, the cost is $5.00.

    Best to you,
    Lee

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  • What do I do when defendant (ex) answers small claims motion saying she doesn't owe the money?

    I have had joint custody of my child legally (50/50 residential/custodial) for the last few years. During that time child support took funds from me even though they said I didn't have to pay. These funds were disbursed to my ex. I'm taking her...

    Lee’s Answer

    As stated, dismiss and get your motion filed in domestic court. This is not a small claims matter.

    Best to you,
    Lee

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  • My husband is filing for divorce with the same lawyer y ex is using to file for custody of my son. It this conflict of interest?

    Had a chld from a previous relationship and 2 children with my present marriage

    Lee’s Answer

    Hard to say. It may not be. Not a case I would take if I was the attorney though. It really turns on what the attorney is able to learn and if he is able to learn facts that he/she would not be able to learn but, while I wouldn't do it personally, it's probably not. A better category may be to move it ethics. By the way, you're involved in two cases. What does your attorney think?

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  • Separation agreement and final decree

    My spouse has hired an attorney to represent her because she lives out of state and me in ohio. I'm representing myself without a lawyer. I'm the plaintiff in the divorce. She agrees with everything in the complaint and I in her no fault counterc...

    Lee’s Answer

    Agreeing with everything in the complaint and counterclaim is only an agreement in general terms. For example, the complaint or counterclaim may state there is personal property and debt but, admitting those facts does not say which party keeps property or which party pays certain debts.

    That being said, you don't necessarily need a separation agreement. An agreed judgment entry for the divorce would be good enough. My guess is her attorney will offer to prepare it but, this is where you should get an attorney if for no other reason to review the final papers before signing. Her attorney represents her, not you. Your wife's attorney, working for her, is going to word it to favor her. But remember, sometimes wording can be tricky and not always understandable. Having it reviewed before signing give you the opportunity to know it says what it is supposed to say. You want to be carerful.

    Best to you,
    Lee

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  • How do you get visitation rights to see your mother

    my mom stay with my brother an she is basically. a prisoner i want to visit mt mom

    Lee’s Answer

    Your question is difficult to understand. This isn't really a child custody question. It could be a guardianship question. If she is competent, my guess is you'll have a difficult time. Please consult an attorney.
    Best to you,
    Lee

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  • Shared custody and my sons mom moves to NY without me knowing and sends me a text saying I've got Jr. What are my rights?

    My son's mom and I have never been married. We have had shared custody in Ohio for almost two years for my 6 yr old son. His mom was the residential parent and was supposed to have him on Monday thru Thursday and I would have him Thursday thru Sun...

    Lee’s Answer

    Get an attorney immediately and file. She was required to give you a notice of intent to relocate so you would have the opportunity to modify the allocation of parental rights before she moved. A text after the move does not comply with the notice.

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  • If two parents are married but split up, is it the childs choice who to live with?

    A mother took her kids away from father and moved to a different state.

    Lee’s Answer

    The court can consider the wishes of the child but overrule what the child wants to do. The bigger problem is how long ago did they move. If they end up in the other state for six months, you'll have a jurisdictional problem as far as filing in Ohio. If it hasn't been six months, get an attorney and file immediately.

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  • Can a parent who has shared parenting but not custodial file a motion for modification and withhold said child ?

    Non residental parent is withholding child on false accusations that are on a hand written motion to modify parental custody. It is notarized. Is this valid or not, and is non-residental parent in violation if it has not gone to court?

    Lee’s Answer

    It can be modified. The question is confusing. If there is a shared parenting plan approved by the court and not being followed, it would be contempt. The statement may be used as evidence but does't substitute as a court order.

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  • How can I file a motion for custody of my child? How long will it take? How good are my chances of gaining physical custody?

    school's starting soon and my daughter's father has no home, job, or car - but DOES have custody of our child. I believe she'd be better off here with me & my husband. But have no choice but to send her back to her father, legally. I need to figur...

    Lee’s Answer

    You need to move quickly and get a motion filed to modify. However, should, based on what you are stating, get an attorney and consider an emergency ex parte order to obtain custody immediately.

    Best to you,
    Lee

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