Andrew Michael Korduba's Answers

My brother commited suicide while incarcerated.

Yes. The immediate family members may have a Federal Section 1983 claim. They need to consult/hire an attorney experienced with this exact type of claim as they are very complex and time consuming. You do not want a "general" personal injury lawyer or "wrongful death" lawyer. You want an attorney/firm that has significant prior experience suing the government/prison for injury/death to inmates caused by the facilities negligence. Research your lawyer/firm for that experience and history. Best...

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Can his soon to be ex-wife really come after me for anything? And is her harassment legal?

If you believe she is harassing you and/or committing a criminal offense (i.e. stalking, telephone harassment, etc), you can file a police report. You can also go to the Medina Common Pleas Court in Public Square and file a "Petition for Civil Stalking Order" in the General Division. You will need proof of "a pattern of conduct" that has caused you emotional distress and/or fear. As for your income, she cannot touch it, and, your income will not be considered by the Medina Divorce Court when...

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Is there anyone who can investigate things that have been happening during my divorce,two attorney's have lied to me?

So, you hired two different lawyers and are not happy with services provided by either of them? And you allege they both lied to you about things? Often times in Divorce cases, the Court schedules "Hearings" but do not actually conduct them in court like on television. Instead, the Judge meets with the lawyers in the court or in chambers without the parties/litigants and addresses the issues directly with the lawyers. This is done out of judicial economy. Lawyers and Judges know what issues and/...

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Ohio. I want to amend my counterclaim, in a civil matter, to add another party. Do I just make a motion to the court to do so?

See Civ. R. 15. If the lawsuit was just filed and defendant(s) have not yet Answered the original Complaint, you may file an Amended Complaint without Leave of Court. If Answer(s) have already been filed, you need to file a Motion for Leave to Amend Complaint to add new party Defendant(s). Make sure to ask for a specific amount of time (i.e. 30 days) to Amend and include an Order Granting Leave to Amend for the Judge to sign. If/when Leave is granted, your Amended Complaint must be then served...

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Do we have a case

Medical malpractice claims require 2 basic elements to be actionable: liability and damages. Liability is basically "fault" and damages is basically "value" or "how much is it worth." Based on what you have provided, there may be "liability" or "fault" but whether or not anyone takes your case will depend on potential "damages." In other words, it depends on whether or not your son suffered severe, permanent and/or disabling physical injuries from the burn (and if any "future" treatment will...

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If a married couple jointly sign a mortgage/business/personal loan (s) then divorce, do both names remain on the loan(s),

Yes. The banks don't care that the parties got divorced. They are both still equally responsible for the loan to the bank. Even of one party agrees to assume the debt as part of the divorce decree. The bank doesn't or won't care, not bound by the divorce court. Only way to get off the loan to the bank is to pay it off; refinance the loan in one name only; or get a "release" of one spouse from the bank. This is not easy but I have seen it done. Good luck.

Husband arrested for Domestic Violence

Your husband needs to hire a local criminal defense attorney familiar with the court and prosecutor's office. Domestic Violence allegations/arrests/cases are (usually) taken very seriously by the court and/or prosecutor's office. They are not so easily dismissed/reduced. They may make you both "jump through several hoops" before agreeing to settle the case and/or dismiss/reduce the charge. You need a good criminal defense lawyer who does a lot of DV cases in that court. They will know what to...

If me, my daughter, and her father got a home paternity test done, would it hold up in court and for child support?

Were you married to the man that signed the birth certificate when the child was born? If so, he is legally "presumed" to be the child's biological father. That "legal presumption" can be overcome by DNA test proving otherwise. If you were NOT married to the man that signed the child's birth certificate claiming to be the father, then CSEA will have to legally determine "paternity" FIRST, BEFORE making him pay any child support. Obviously, you would ask for a DNA test at that time. If/when it...

Am I in violation of custody orders if I refuse to let my ex take the kids hours or days after the scheduled pick up time passes

No, you are not in violation of the court order and cannot be found in contempt for doing so. However, attorney Dye is correct that you should formally bring this issue to his attention (in writing via email if possible - so there is a record of Notice, time, etc) and ask for suggestions or options to resolve the issue amicably between you. If he does not cooperate/comply, you can refuse. He will either file a Motion for Contempt against you claiming you are wrongfully denying his parenting...

Can a mother file a motion with the court stating she wants a paternity test, even if the father disagrees?

Maybe. You have not provided sufficient information to provide you with an appropriate reply. Essentially, it all depends on HOW he was designated to be the child's father. The analysis of whether or not you can get a court order to force him to take a DNA test needs more time/attention than I can give you in a reply to your question. It is actually a little more complicated and you need to consult with a local, experienced Family Law/Divorce/Child Custody lawyer. Depending on HOW paternity...