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Andrew Michael Korduba

Andrew Korduba’s Answers

341 total

  • I need ti get guardianship temporarily of my nephew while my sister is in the hospital

    my sister has been in the hospital since 9/2014 and is still in a hospital and is going to be moved to a nursing home for more treatment it is likely she will be there for a year or more i need to get temporary custody of my nephew so he can start...

    Andrew’s Answer

    You can get a POA from the local Probate Court but need to obtain and complete the Forms. This could be good enough to register him for school, but may need to apply for formal "Guardianship" the Probate Court if the school will not accept the POA. Likewise, the POA does not give you "custody" rights over the child and can be revoked at any time and for any reason by the parent/Grantor. Under the circumstances, it sounds like a POA might be sufficient and work for now, but you should consider filing for formal Guardianship and/or Legal Custody of the child instead and/or in the future. Hire an experienced Child Custody and/or Probate Attorney to help you. Do not try to do this (Guardianship) yourself. The POA is rather straight-forward and may not require hiring a lawyer to help you. You may find the POA Form at your local Probate Court (or on their website) or on the Ohio Supreme Court's Website. Good luck!

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  • I bought a car but its in my mothers name. How do i get it back?

    I was underage when i bought a car so it went im my mothers name. When i became of age i tried to transfer it in my name but was unable to because she has a lean in her name. Last week she toom it. How do i get it back?

    Andrew’s Answer

    Only way to get it back is by agreement of your Mother. Option 2 would be to file a Small Claims Complaint in your local municipal court (maximum damages $3,000) claiming "unjust enrichment; breach of verbal contract; and/or some other legal basis). Long-shot since you were a minor at the time and thus, legally ineligible to enter into any "contracts," especially with your own mother. Sorry. Your probably SOL unless Mom agrees to give you back the car. I assume she took it because you did not pay on the loan/lien. Good luck!

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  • Dog bite from a neighbor famiilly dog who is very aggressive, happened on my 9 year old daughter

    Do a have a case for compensation??

    Andrew’s Answer

    Absolutely. But collection of money damages will probably depend upon if the dog owner had HOMEOWNER'S or RENTER'S insurance. Call my office ASAP. I can help you.

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  • My minor daughter was given a ticket going 65 mph in a 45 mph zone.

    My 17 year old daughter was given a ticket going 65 in a 45mph zone. There is no box checked as to the way the speed was clocked. My daughter states the officer had just turned on the street going the opposite way and had to turn around to pull he...

    Andrew’s Answer

    It will not be "dismissed" unless the Juvenile Court Prosecutor agrees to do so, based on the evidence. She can be found "not guilty" by the court and the charge "dismissed" after a Trial on the Merits of the case. Consult and/or hire a local traffic/criminal defense lawyer for your daughter ASAP. Do not attempt to "negotiate" with the Prosecutor yourself on behalf of your daughter: that will not likely work and may actually be harmful to potential settlement and/or dismissal. Please note, 20+ mph over the limit could result in a Driver's License Supsension, fines/costs and 2 points. It is a serious matter. Get a lawyer to help you. Good luck!

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  • In a chapter 13, over 180 days. Is there a certain dollar amount of lottery winings that need to be reported to the trustee?

    Small winnings, not lotto type monies. less than 10,000

    Andrew’s Answer

    Consult with your Bankruptcy Attorney to determine if the amount you won needs to be reported. Nominal winnings (i.e.

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  • I feel I was fired because of my weight and race. How can this be proven?

    A new spa opened and I was hired by a manager. I did my w2s and did training. Everything went well. 4 days later the owners came to meet the new employees which was peculiar to me. A week later the manager called me in. One of the owners and the m...

    Andrew’s Answer

    "Race" is a "protected class of citizenship" subject to "strict scrutiny" and legal protections under Ohio and Federal Law. "Weight" is not. Talk to an experienced Labor Law/Employment Law attorney to see if you have a viable RACE discrimination case. Otherwise, Ohio law is an "at will" employment State. That means you can be fired/terminated at any time by the employer, just like you can quit a job at any time without legal recourse from the employer if you simply stop showing up for work: nothing they can do about it. UNLESS, you are somehow under a "Contract." Doesn't sound like you had a Contract (like a teacher or athlete), but an Employee Handbook could possibly qualify. Again, contact/consult with an experienced Labor Law or Employment Law attorney ASAP. Good luck!

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  • Can you get a felony expunge from your criminal record

    My cousin got a felony assault on her record and got 2 years probation for it and is require to have a job but is having a hard time getting it because of that felony

    Andrew’s Answer

    Nope, sorry: CANNOT expunge a Felony Assault.

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  • Custody of a minor

    My son is 7 years old and his father wants 50/50 visitation. Ironically he wants it after his child support got raised after 6 years of paying the same amount. There has been no custody set in stone with the courts. We have just agreed on every W...

    Andrew’s Answer

    This is not unusual. (Almost) every parent that is ordered to pay child support and/or has their support increased, wants 50:50 custody/visitation. That is because they believe getting that will reduce and/or eliminate their obligation to pay you child support (pursuant to R.C. 3119.23-24). Fortunately, most courts will not "reduce or eliminate" child support for this reason UNLESS the parties earn the same incomes and/or spend the same out-of-pocket expenses for the child, above and beyond the amount of Child Support ordered to be paid. A court MAY deviate slightly from the amount calculated, but will not often "cut the amount in half" or "eliminate" Child Support payment in full. It really depends upon the facts and circumstances of your case. Google Ohio Revised Code 3119.23 and 3119.24 to see the legally-relevant factors a court must consider if/when "deviating" from a standard child support calculation. Please note, these factors may HELP you INCREASE the amount of support the other parent has to pay. As for factors the court must consider to determine if "Shared Parenting" is "in the child's best interests," see R.C. 3109.04(F)(1). I strongly suggest you contact and/or hire a local, experienced Child Custody Lawyer to help you in this matter. Failing and/or waiting to do so could be detrimental to your case and/or cause you to spend additional time/money to "un-ring the bell" and correct any "mistakes" you may have done. Good luck!

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  • Can I file emergency custody or an abandoned child?

    Custodial parent threatens child, and has hit him before. Child expressed concern and informed parent of his fear of living in the home. Custodial parent refuses to speak with child and to the non custodial parent.

    Andrew’s Answer

    First question that needs to be answered is: What is YOUR relationship to the minor child? Are you a parent, relative or friend? That will determine your rights. Anyone call call the local Children's Services Agency and report Abuse, Neglect, Dependency and the Agency is legally obligated to investigate. If they find appropriate legal grounds, the Agency can file for and obtain emergency custody of the child and place the child in the Temporary Custody of another parent, family or friend. In the alternative, ANYONE can file a Complaint in the Juvenile Court alleging a child is Abused, Neglected, Dependent or Without Proper Parental Care (ORC 2151, et seq.). However, the burden of proof in these cases is more difficult as the court would have to find a parent "unfit" and/or "unsuitable" in order to take custody away from them. This is not always as easy as it sounds, but depends largely upon the facts, circumstances and independent/corroborative EVIDENCE presented to the court and/or how that evidence is presented to the court. I have been involved in many such cases over my 17 year career in Medina and surrounding counties. In fact, I changed the Wayne County Juvenile Court procedure in a recent case wherein the Court was not following Ohio law on the matter. Medina County follows Ohio law properly (as does Wayne County now, thanks to my case). Accordingly, if you believe the child is Abused, Neglected, Dependent or Without Proper Care, you should either notify Medina County JFS or hire a local, experienced Child Custody attorney to draft/file a Complaint in the Juvenile/Domestic Relations Court. Good luck!

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  • Do I have grounds to file for full custody?

    My ex-wife has perinatal custody of our child, she regularly pawns him off to go out (I have proof). She has been fired from 8 jobs in the last 7 years for stealing, one of which came with a court conviction. I do all his school projects with him...

    Andrew’s Answer

    No one can tell you if you will "win" or "lose" in court. Only the Judge/Magistrate get to decide that, if the matter is actually litigated in court. Often times, cases are resolved prior to "trial" by agreement of the parties. This also happens when people/litigants run out of money, time and/or patience. The first legal obstacle you have is proving that there has been a "significant change of circumstances of the custodial parent" and that your proposed modification is in the minor child(ren)'s "Best Interestes." The legal factors a court must consider to determine a child's Best Interests are as follows:
    (F) (1) In determining the best interest of a child pursuant to this section, whether on an original decree allocating parental rights and responsibilities for the care of children or a modification of a decree allocating those rights and responsibilities, the court shall consider all relevant factors, including, but not limited to:

    (a) The wishes of the child's parents regarding the child's care;

    (b) If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child's wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;

    (c) The child's interaction and interrelationship with the child's parents, siblings, and any other person who may significantly affect the child's best interest;

    (d) The child's adjustment to the child's home, school, and community;

    (e) The mental and physical health of all persons involved in the situation;

    (f) The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;

    (g) Whether either parent has failed to make all child support payments, including all arrearages, that are required of that parent pursuant to a child support order under which that parent is an obligor;

    (h) Whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; whether either parent, in a case in which a child has been adjudicated an abused child or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of an adjudication; whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code or a sexually oriented offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding; whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to any offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding and caused physical harm to the victim in the commission of the offense; and whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or a neglected child;

    (i) Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent's right to parenting time in accordance with an order of the court;

    (j) Whether either parent has established a residence, or is planning to establish a residence, outside this state.

    Talk to a local attorney or your former Divorce Lawyer, if you had one. The process is time-consuming and can be expensive (especially in Cuyahoga County). Good luck!

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