Michael William Fine's Answers

How to sell a home in the US from overseas

Both previous answers are correct. Your son should execute a general durable power of attorney to address general business related matters as well as the sale of the property. This power of attorney will need to be recorded with the county recorder in Cuyahoga County (the typical cost of recording the power of attorney would be $28.50 for the first two pages and $8.00 for each additional page). It is not a bad idea to also consider creating a special or limited power of attorney only to deal...

Selected as best answer

Child visitation agreement

It is unclear what Court you are referring to - Divorce or Juvenile. From the way you phrased the question it suspect it is Juvenile Court. This is important because the two courts, and in fact, the Judges and Magistrates don't always treat the distance between the parties in a similar manner. Generally, if you are willing to do the driving, and there is no issue with regard to the suitability of your home, you should be entitled to a standard companionship schedule. Since the age of the...

Selected as best answer

Should I file for emergency custody or just temp custody?

I would suggest that before you attempt to file anything on your own you consult with a qualified and experienced divorce lawyer. If the facts you have stated are true then you should seek emergency temporary custody of the children due to the mother's action of denying you access or contact with the kids, her having no stable residence, the children being removed from school and her living with an alleged sex offender. If your facts are accurate, the attorney you hire will help you contact...

Selected as best answer

How to terminate shared parenting and seek full custody of my children?

In order to terminate a Shared Parenting Plan you will have to file a Motion with the Court that granted the divorce and approved of the Shared Parenting Plan. The standard applied by the Court is what is in the best interest of the children so you should contact an experienced divorce attorney to review the original divorce papers and Shared Parenting Plan in order to determine what is the best course of action to pursue. I don't recommend you attempt to do this on your own as custody matters...

1 lawyer agreed with this answer

1 person marked this answer as helpful

Is a joint bank account considered personal property?

As the two previous answers indicated there is more to the process than simply closing an account which bears your name. If the Court issued a restraining order (either mutual or ex parte) then you need to see what the restrictions of that order may be. Since you have already closed the account it would make sense for you to preserve the funds you withdrew and be prepared to turn those funds over to the Court or your daughter (subject to Court approval / order). I would strongly recommend...

1 lawyer agreed with this answer

What steps do I take against a partie in my divorce case who failed to answer a subpeona to produce documents?

Your question does not indicate if you are represented by an attorney. If you are a Pro Se litigant and represent yourself I would urge you to contact a qualified lawyer to assist you in the discovery process. Generally, information can be obtained through a process called discovery. I urge you to go online an check both the Ohio Civil Rules of Procedure under the discovery heading and the local Cuyahoga County Rules of Court. You should become familiar with these rules if you intend to...

1 lawyer agreed with this answer

How to do get my ex's rights to our son taken away? And how do i go about getting my child's last name changed to mine?

It is difficult to determine from your question if your "ex" ever legitimized your son (signed the birth certificate) or if parentage (paternity) was established by filing an action in the Juvenile Court of the County of your residence to establish who is the legal father of your son. As the previous answer indicated, if there has been no adjudication by the Juvenile Court to establish the legal rights of the father, he has none! Simply, that means any contact or communication would be...

1 lawyer agreed with this answer

SHOULD I HAVE MY EX-HUSBAND TAKEN OFF THE DEED TO THE HOME?

I am not sure that you have asked a direct question. However, if you want to know can you file a Post-Decree action against your former spouse for violation of a prior Divorce Decree then the answer is yes. I would suggest you make sure you have certified copies of all relevant legal documents like the Divorce Decree, Separation Agreement (if applicable). In addition, a copy of the Title Deed, Mortgage Note and Utility Bills. I would recommend you contact a qualified lawyer in your...

1 lawyer agreed with this answer

I have a temporary court order for a vehicle pending my divorce. The vehicle is titled in my wife's name....

If you have a Court order directing your wife to sign title documents, maintain insurance or preserve the value of the vehicle then you will have to file a Motion to Show Cause to hold her in Contempt of Court. This Motion will take several weeks or longer to be heard which means that the tags will have expired rendering the use of the vehicle illegal. If there is no Court Order then you must seek to obtain an Order to direct your wife to sign documents, maintain insurance or to renew the...

1 lawyer agreed with this answer

Will my wife get 1/2 of my op&f dissibility pension $4200/month I cant work she works making $2500/month

All courts in Ohio must consider the factors to determine spousal support set forth in Ohio Revised Code Section 3105.18. Some Courts implement an income equalization model where the courts try to equalize the incomes between the parties. Presently, not all 88 counties in Ohio have the same method of calculating spousal support. Since there is so much that goes into evaluating and advocating for division of property and spousal support I highly recommend that you consult with a qualified...

1 lawyer agreed with this answer