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Andrew Michael Korduba
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Andrew Korduba’s Answers

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  • Do I have custody . she's 17 and I'm 20 she was 16 and I was 19 when she had our now 8 month old daughter .

    Someone told me I had custody because she's a minor and I'm not I was also told since she signed adoption papers and I didn't that it takes her rights away . I have been worried since she hasn't been taking care of her right not giving her sensiti...

    Andrew’s Answer

    (1) No. You do not "have custody" because she is a minor. (2) You need to consult and hire an experienced Family Law attorney immediately. (3) The "adoption papers" you mention ate quite concerning. Again, contact a lawyer immediately. (4) If you have legitimate concern for the child's safety/welfare because of the mother's alleged drug abuse and/or neglect issues, you should report your concerns to Children's Services. They will conduct an investigation. (5) Hire a lawyer to file a lawsuit to legally establish Paternity and Parental Rights via Court Orders. Good luck!

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  • I bought a car from my neighbor to find out that it is under probate and I can not get the title. What can I do?

    Include background information that will enable lawyers to answer your question.

    Andrew’s Answer

    Option 1: return the car and demand your money back from the neighbor immediately. If the neighbor refuses, go file a Police Report (theft by deception). The city prosecutor has authority to press criminal charges if there is evidence of fraud. Option 2: if option 1 does not solve the problem, you can file a civil lawsuit against the neighbor and/or Estate Executor/Administrator(?) for various legal causes of action. You will probably/likely need to hire a lawyer to represent you. Option 3: find and hire a Probate lawyer to assist you get the title or rescind the deal. Good luck!

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  • Can i sue for damages or neglect

    i ate at a restaurant i told waitress i have a raw onion allergy and cant have any around my food, she put it on the pad of paper. i double checked she said she put it in the computer and told kitchen staff personally. my food came out i took a bi...

    Andrew’s Answer

    Yes. The issue sounds like a matter of damages and economics: how much time and money to you have to spend vs. how much money might you get when it's over. If your medical bills were paid by PRIVATE Health Insurance or State Coverage (i.e. medicare, medicaid, caresource, etc), then you will also be required to put them on Notice of your lawsuit AND reimburse them for any medical bills they paid on your behalf. Sounds like a "small claims" lawsuit might work (damages capped at $3,000 total for the whole case; but this route can be faster, cheaper and easier to pursue) or a standard "civil" lawsuit in Municipal (damages capped at $15,000 or Common Pleas Court minimum damages requested $25,000 or more). From your description, it does NOT sound like a very "high value" injury claim. I understand the incident was unfortunate, unnecessary and scary, but you were not hospitalized with surgery, loss of limb or bodily organ, nor sustained any serious/permanent injuries from the incident. Thus, the true "monetary value" of your "claim" may not exceed the time value and/or expenses required to "sue them" in court. What happened was negligence. The question is how much is it worth vs. how much time, effort and costs will need to go into pursuing the matter for you, and, what are your EXPECTATIONS regarding settlement. If your expectations/demands for compensation are reasonable, you might get a lawyer/law firm to help you. If your expectations/demands for settlement are NOT reasonable/consistent with the realistic "value" of your claim, you will NOT find a lawyer or firm to help you. It is NOT a "large value" claim due to the fact you did not suffer serious permanent or disabling injury. This is not to say the incident was not scary and should never have happened to you and your family. But realistically, how much money would a "jury of your peers" award you in court vs. how much time and money will it take you to get there. Most cases "settle" before Trial, but that will require BOTH SIDES to "compromise" about the MONETARY VALUE of the claim. Good luck!

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  • Can I subpoena how my mom is spending my son's child support?

    I am in the middle of a heated custody battle with my parents regarding my 13 1/2 year old son. The situation is that they, my parents, have custody, but he physically lives with my sister. My mom however claims him on taxes, gets his child suppor...

    Andrew’s Answer

    Your lawyer can demand she: (a) answer questions called "Interrogatories" about the expenses; (b) produce copies of her bank records and credit card statements so you can review them to determine if you can use them to prove to the court that she does not use your money to help pay child-related expenses; or (c) take her Deposition under oath, ask these questions and make her produce copies of the relevant financial records. All of this will cost you money (expenses and attorney's fees). You can also take the Deposition of your sister too. If you have a lawyer representing you, why didn't you ask and get the answer from your own lawyer? The records can be obtained by "subpoena", but, you have to know what banks and credit cards to subpoena for the information first. Sounds like there is more to your case than the information you provided. Talk to your lawyer about the issues and options. Or find another lawyer here on AVVO that can help you. Good luck!

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  • Help with final divorce hearing

    My divorce was going smoothly until the pretrial hearing. Now all the sudden she wants everything. I can't get an attorney cause they all say it's too late. Her lawyer refuses to send me any paperwork on a settlement. He didn't even file his p...

    Andrew’s Answer

    It is not "too late" to hire an attorney to help you. However, you will need money to do so. I suspect you want "help" but have no money to "hire" a lawyer, or, cannot pay the requested "retainer fees" charged due to your delay in seeking legal representation. I assume you have called around and been told the attorney's fees to accept your case at this late hour within days/weeks of Trial are between $2,500 and $5,000, and, that you do not have any money (or not enough money) to hire a lawyer now. If you cannot afford a lawyer, that is different than not being able to find someone to help you. There are many lawyers you may find on AVVO willing to represent you immediately, pending payment of reasonable attorney's fees to do so. If you have money to hire a lawyer and can pay immediately, I suggest you research Divorce Lawyers on AVVO,, call one, and get them paid ASAP to start helping you. Otherwise, you will be stuck going to court on your own without a lawyer and have to face your wife and her lawyer in court. That will not likely turn out very well for you. Good luck!

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  • Do grandparents have rights to see grandchildren?

    I took care of my daughter and granddaughter from the time my daughter was pregnant until 2 years ago, by myself. My daughter is now keeping me from my granddaughter. My granddaughter is now 9.

    Andrew’s Answer

    3109.051. Order granting parenting time or companionship or visitation rights

    (B) (1) In a divorce, dissolution of marriage, legal separation, annulment, or child support proceeding that involves a child, the court may grant reasonable companionship or visitation rights to any grandparent, any person related to the child by consanguinity or affinity, or any other person other than a parent, if all of the following apply:

    (a) The grandparent, relative, or other person files a motion with the court seeking companionship or visitation rights.

    (b) The court determines that the grandparent, relative, or other person has an interest in the welfare of the child.

    (c) The court determines that the granting of the companionship or visitation rights is in the best interest of the child.

    (C) When determining whether to grant parenting time rights to a parent pursuant to this section or section 3109.12 of the Revised Code or to grant companionship or visitation rights to a grandparent, relative, or other person pursuant to this section or section 3109.11 or 3109.12 of the Revised Code, when establishing a specific parenting time or visitation schedule, and when determining other parenting time matters under this section or section 3109.12 of the Revised Code or visitation matters under this section or section 3109.11 or 3109.12 of the Revised Code, the court shall consider any mediation report that is filed pursuant to section 3109.052 [3109.05.2] of the Revised Code and shall consider all other relevant factors, including, but not limited to, all of the factors listed in division (D) of this section. In considering the factors listed in division (D) of this section for purposes of determining whether to grant parenting time or visitation rights, establishing a specific parenting time or visitation schedule, determining other parenting time matters under this section or section 3109.12 of the Revised Code or visitation matters under this section or under section 3109.11 or 3109.12 of the Revised Code, and resolving any issues related to the making of any determination with respect to parenting time or visitation rights or the establishment of any specific parenting time or visitation schedule, the court, in its discretion, may interview in chambers any or all involved children regarding their wishes and concerns. If the court interviews any child concerning the child's wishes and concerns regarding those parenting time or visitation matters, the interview shall be conducted in chambers, and no person other than the child, the child's attorney, the judge, any necessary court personnel, and, in the judge's discretion, the attorney of each parent shall be permitted to be present in the chambers during the interview. No person shall obtain or attempt to obtain from a child a written or recorded statement or affidavit setting forth the wishes and concerns of the child regarding those parenting time or visitation matters. A court, in considering the factors listed in division (D) of this section for purposes of determining whether to grant any parenting time or visitation rights, establishing a parenting time or visitation schedule, determining other parenting time matters under this section or section 3109.12 of the Revised Code or visitation matters under this section or under section 3109.11 or 3109.12 of the Revised Code, or resolving any issues related to the making of any determination with respect to parenting time or visitation rights or the establishment of any specific parenting time or visitation schedule, shall not accept or consider a written or recorded statement or affidavit that purports to set forth the child's wishes or concerns regarding those parenting time or visitation matters.

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  • Do I have to maintain contact with my child's father?

    I live in Ohio with my children whose father left them to move to California. He has been trying to contact me through Facebook but I haven't responded. We were never married but paternity was established when our twins were babies. He was in th...

    Andrew’s Answer

    First, you cannot "get into trouble" for refusing to contact the children's father. Second, the California Court does not have "jurisdiction" over the children if they reside in Ohio, see UCCJEA via Google. Ohio law expressly provides that when a child is born out of wedlock, the Mother is the "sole residential parent and legal custodian" of the child until a court of competent jurisdiction enters an order allocating Parental Rights and Responsibilities for the child, see Ohio Revised Code 3109.042; 2151.23 and 2151.57. HOWEVER, if he (wrongfully) files a lawsuit in California, you will need to hire a lawyer in California to defend you and file a Motion to Dismiss or Transfer the case to your Juvenile/Domestic Relations Court in Ohio. This will be timely and expensive. Likewise, California lawyers are much more expensive than Ohio Lawyers due to the difference in cost of living and average/customary attorney's fees between Lorain County and California. You need to contact and hire an experienced Child Custody Lawyer to draft and file YOUR COMPLAINT in Lorain County IMMEDIATELY and force HIM to come to OHIO to "litigate his parental rights." This puts you at the distinct advantage by: (a) getting original and exclusive "jurisdiction" over the children established in Lorain County, Ohio, and, making HIM have to come HERE to "establish his parental rights." I just completed a 2-year Juvenile Custody Case in Wayne County, Ohio, between a parent living in California (my client) and a Grandparent (who absconded from California to Wayne County Ohio with the child). I won: got full custody of the child for the father. It was a long, hard and expensive battle. You better hire someone with experience dealing with the "jurisdictional issues" and "rules of procedure" to be successful with your case. And due to the complexity of your issues (i.e. California vs. Ohio jurisdiction /service issues, you can expect to spend at least $2,500-$5,000 attorney's fees (plus applicable court costs and filing fees) to get started on your case. Failure to file YOUR lawsuit IMMEDIATELY is NOT in your best interests. You will spend MORE time and money on this matter if HE FILES FIRST and tries to make you spend money on a California Lawyer to challenge that court's Jurisdiction over the children. Then you will also spend money on a Local Attorney to FILE YOUR LAWSUIT HERE. Review AVVO to find a local, experienced, Child Custody Lawyer immediately and file your lawsuit ASAP. Failure to timely do so is NOT in you or the children's best interests. Good luck!

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  • Do I need to add my wife on Tilte when purchasing real estate

    I am buying a property in Canton, Ohio and my wife is in India. I have applied for her immigration 4 months ago. The title office is asking me that I need my wife's signature as they have to add her to the title. I don't want to add her name. What...

    Andrew’s Answer

    You need to consult with a REAL ESTATE ATTORNEY. Look for someone in your area on AVVO. Immigration has nothing to do with it. Good luck!

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  • Will a warrant from astabula county interfere with court in canton?

    I missed a court date in astabula for m1 theft snd m4 disorderly conduct by intox. I have court in canton on monday for m1 discharging a weapon while intoxicated and m4 discharging inside city limits. I saw today I have a bench warrant for the fta...

    Andrew’s Answer

    If the Canton court and/or City Prosecutor are aware of the Warrant, YES, they will detain you and contact the court in Ashtabula to come get you. If they do not (i.e. outside the range for pickup) then the Canton Court should release you. However, this issue will affect your BOND and whether or not the Canton Court releases you on their own case. The Judge could order you held on a Bond due to your prior failure to appear and Bench Warrant in Ashtabula. You need to hire an experienced criminal defense lawyer to represent you (for both cases). Good luck!.

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  • Are there any laws regarding badmouthing the other parent to a child?

    I am residential parent, my ex has visitation one day a week and evey other weekend. My ex is very upset with the court order and not only takes it out on me and my current wife, but also involves our son (7) telling him I took his mom to court a...

    Andrew’s Answer

    Yes. See Ohio Revised Code 3109.04(F), "best interests of children." You could file a Motion to Modify his visitation with the child; Motion for in-camera interview of child; and/or Motion to Appoint Guardian Ad Litem. This is NOT a criminal matter. There are no "criminal laws" prohibiting a parent from "bad mouthing" the other parent. However, the Domestic Relations Court can address the problem and do something about it. It's called "parental alienation." You can Google that subject too. Problem is, you would have to gather proof that your ex is and/or has been doing so. "He said - she said" evidence will be insufficient for the court. Contact and experienced, local Family Law/Domestic Relations attorney to discuss your options. Good luck!

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