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Archive for March, 2015

What Is A Legal Custodian In Ohio?

What is a legal custodian in Ohio?  There are a number of sources that explain this term.  Essentially, this is the person with the rights and obligations to care for a child.  Ohio law provides further guidance:

Legal Custodian In Ohio Definitions  

  The Ohio Administrative Code defines “custodian” as “a person having legal custody of a child or a PCSA, PCPA, or Title IV-E agency that has permanent, temporary, or legal custody of a child.”  The code also defines “legal custody” to mean “a legal status vesting in the custodian the right to have physical care and control of the child and to determine where and with whom the child shall live, and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, education, and medical care, all subject to any residual parental rights, privileges, and responsibilities.”  Finally, the code also says that an “individual granted legal custody shall exercise the rights and responsibilities personally unless otherwise authorized by any section of the Revised Code or by the court.” (more…)

Marshallville DUI Attorney

A Marshallville DUI attorney represents individuals charged with OVI in Marshallville and other parts of Wayne County.  DUIs in Ohio are called OVIs, which stands for “operating vehicle under the influence of alcohol or drugs.”  OVI cases can contain two different offenses: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, alleging the person operated a motor vehicle with a blood alcohol concentration of .08 or more, as determined by a chemical test. (more…)

Marshallville Divorce Attorney

A Marshallville divorce attorney represents people who either live in Marshallville or who need to go back to the Wayne County Domestic Relations Court or Wayne County Juvenile Court because they need to revisit a child custody, child support or spousal support issue in that court.  Having a Marshallville divorce lawyer on your side gives you the opportunity to have your voice heard effectively in the divorce court.
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Marshallville Criminal Defense Attorney

A Marshallville Criminal Defense attorney represents individuals charged with a crime alleged to have been committed in Marshallville, Ohio.  A Marshallville criminal defense lawyer represents individuals for a variety of criminal cases, such as felonious assault, drug abuse, domestic violence, disorderly conduct, and traffic offenses.  An experienced Orrville criminal defense attorney in Marshallville investigates defenses that can lead to acquittals and dismissal of charges.  Some defenses involve police errors that can be challenged through a motion to suppress. (more…)

West Salem Bankruptcy Attorney

A West Salem bankruptcy attorney represents individuals in the Canton Bankruptcy Court, otherwise known as the Northern District of Ohio Bankruptcy Court, Canton Division.  This bankruptcy court is a federal court that covers quite a few Ohio counties:  Wayne County, Stark County, Holmes County, Tuscarawas County, Ashland County, Carroll County, Richland County and Crawford County. (more…)

Wayne County Criminal Defense Attorney

A Wayne County Criminal Defense attorney represents individuals charged with a crime alleged to have been committed in Wayne County, Ohio.  A Wayne County criminal defense lawyer represents individuals for a variety of criminal cases, such as aggravated vehicular homicide, negligent homicide, drug abuse, disorderly conduct, and traffic offenses.  An experienced Wooster criminal defense attorney in Wayne County investigates defenses that can lead to acquittals and dismissal of charges. (more…)

Wayne County DUI Attorney

A Wayne County DUI attorney represents individuals charged with OVI or other traffic offenses in Wayne County.  OVI is the short term for operating a vehicle under the influence of alcohol or drugs.   The two charges that often arise in such matters are:  (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  The statute provides for a certain minimum driver’s license suspension, depending on a number of factors. (more…)

Summit County Bankruptcy Attorney

A Summit County bankruptcy attorney represents clients in the Akron Bankruptcy Court, otherwise known as the Northern District of Ohio Bankruptcy Court, Akron Division.  This bankruptcy court covers Medina County, Summit County and Portage County.
The hearings for Chapter 7 bankruptcy cases are at the trustee hearing room at 76 S. Main Street, Atrium Level #120, Akron, Ohio 44308.  The hearings for Chapter 13 bankruptcy cases are at the Chapter 13 Trustee’s office, One Cascade Plaza, Suite 2020, Akron, Ohio 44308.  The bankruptcy lawyer assists the clients in ensuring that all the proper documentation is provided so that the hearings can go forward. (more…)

Debt Collector Harrassment

The Fair Debt Collection Practices Act (FDCPA) prevents debt collectors from harassing you and calling you outside normal business hours.  While the law gives you some rights, it does not give you the right to avoid your debt.  The FDCPA covers only personal and household debts, but not business debts.  Typical personal debts are vehicle loans and credit card debts.
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Smithville DUI Attorney

A Smithville DUI attorney represents individuals accused of the following in Smithville, Ohio:  DUI, OVI, driving under suspension, negligent homicide, and other traffic offenses.  OVI stands for “operating vehicle under the influence of alcohol or drugs.”  OVI cases can involve two separate charges: (1) OVI, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) BAC, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  A conviction for OVI or BAC carries a minimum driver’s license suspension of 180 days and a minimum period of incarceration of 72 hours, with increased minimum penalties for higher test results or prior convictions. (more…)

Smithville Divorce Attorney

A Smithville divorce attorney represents individuals who either reside in Smithville or who need to go back to the Wayne County Domestic Relations Court because they need to revisit an issue in a divorce case in that court.   Having a Smithville divorce lawyer on your side is important in ensuring that your voice is heard in divorce court.

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Smithville Criminal Defense Attorney

A Smithville criminal defense attorney in Wayne County defends individuals accused of committing a crime in Smithville, Ohio.  A criminal defense lawyer in Smithville provides defense for a variety of criminal cases, such as negligent homicide, felony OVI, drug trafficking, assault, disorderly conduct and traffic offenses.  An experienced Wayne County criminal defense attorney determines and pursues potential defenses, as well as errors in the police investigation that can lead to a dismissal of the charges.  Uncovering such defenses or errors can save the client from the severe consequences that can result from a criminal conviction, such as prison, jail, house arrest, fines and suspension of their driver’s license.  Errors in police investigation can be exposed by filing and pursuing a motion to suppress, which, if granted by the court, would prevent the State of Ohio from presenting evidence arising out of the police’s wrongful conduct.  If the evidence is vital to the State of Ohio’s case, this can result in dismissal of the charges. (more…)

Dalton Bankruptcy Attorney

A Dalton resident needs a bankruptcy attorney that services their area, a Dalton bankruptcy attorney.  A bankruptcy petition filed for a Dalton resident would be filed in the Canton Division of the Northern District of Ohio Bankruptcy Court.  This federal court is not merely limited to a single county like state courts.  The Canton Bankruptcy Court serves a number of counties, including:  Wayne County, Stark County, Holmes County, Tuscarawas County, Ashland County, Carroll County, Richland County and Crawford County. (more…)

Military Issues In Divorce And Child Custody

Military issues in divorce and child custody arise when one or both parents are currently or former members of the military.
The military distributes income in many ways.  While calculating income first appears be simple, not every situation is simple.  We all know that W-2 income earned through an employer is income for support purposes.  We also know that profits earned in a person’s business is income.  This covers direct military pay (base pay) and military contracts.  However, there are many other sources of income from the military.  Other sources of military income include: veterans administration disability payments, GI payments, housing allowance, and pay for training or other types of required drills. (more…)

Wooster DUI Attorney

A Wooster DUI attorney handles the following types of cases:  DUI, OVI, driving under suspension, and other traffic offenses.  OVI is the acronym for “operating vehicle under the influence of alcohol or drugs,” and such cases typically consist of two potential offenses: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  Depending on the number of prior offenses, there are minimum periods of suspension and incarceration set forth under Ohio law. (more…)

Wooster Divorce Attorney

A Wooster divorce attorney provides representation for individuals who either reside in Wooster or who need to go back to the Wayne County Domestic Relations Court’s continuing jurisdiction because they finalized a divorce case in that court.
Where one or both parents are Wooster residents, a divorce would likely be filed in the Wayne County Domestic Relations Court.  Such cases start with a complaint, affidavits, and requests for temporary orders.  The attorneys attend a number of hearings to discuss the issues with the court, consisting of a number of pre-trials.  In Wayne County, these hearings are given specific names, including the Status One Hearing, Status Two Hearing, and Pre-Trial.  If the matter cannot be settled during or as a result of any of these pretrial hearings, the case proceeds to a final hearing before the magistrate. (more…)

Wooster Criminal Defense Attorney

A Wooster criminal defense attorney represents individuals alleged to have committed a crime in Wooster.  A Wayne County criminal defense lawyer in Wooster provides defense for a variety of criminal cases, such as employee theft, vandalism, criminal damaging, drug paraphernalia, disorderly conduct and traffic offenses.  An experienced Wayne County criminal defense attorney determines and pursues potential defenses, as well as errors in the police investigation that can lead to a dismissal of the charges.  Finding such defenses or errors can save the client from consequences such as prison, jail, house arrest, fines and suspension of their driver’s license.  Errors in police investigation can be exposed through a motion to suppress, which, if granted by the court, would prevent the State of Ohio from presenting evidence arising out of the police’s wrongful conduct.  If the evidence is crucial, this can result in dismissal of the charges. (more…)

Copley Bankruptcy Attorney

A Copley bankruptcy attorney drafts the bankruptcy petition and represents the client in the Akron Division of the Northern District of Ohio Bankruptcy Court.  This Akron bankruptcy court is a federal court that handles cases from Medina County, Summit County and Portage County.  The hearings for Chapter 7 bankruptcy cases are held at the trustee hearing room at 76 S. Main Street, Atrium Level #120, Akron, Ohio 44308, inside of the Orangerie Mall.  The hearings for Chapter 13 bankruptcy petitions are held at the Chapter 13 Trustee’s office, which is located at the PNC Center, One Cascade Plaza, 20th Floor, Akron, Ohio 44308.  Unless the proper documentation is presented, these hearings will not go forward.  A knowledgeable Copley bankruptcy lawyer knows what documents to submit in advance and which ones to bring to the hearing. (more…)

Medicaid Guidelines for long term care in 2015

The following sets forth Medicaid guidelines for long term care in 2015.  Medicaid is a valuable resource for seniors in paying for long term care, such as care in a nursing home, assisted living, or in-home care.  Under the guidelines, the patient and patient’s spouse can keep specific amounts of their monthly income and savings. (more…)

Sterling DUI Attorney

A Sterling DUI attorney in Wayne County, Ohio handles DUIs, OVIs, BAC cases, physical control cases, and underage consumption DUI cases.  OVI is defined in Ohio Revised Code 4511.19 (R.C. 4511.19), bearing the title “operating vehicle under the influence of alcohol or drugs.”  The OVI charges can be made up of two separate crimes: (1) the OVI charge, which alleges that the person operated a vehicle under the influence of alcohol, a drug of abuse, or a combination of them; and (2) the BAC charge, which usually alleges that the person operated a motor vehicle with a blood alcohol concentration of .08 or more, which is determined by a breath sample, or an equivalent amount by blood serum or plasma or urine, as well as levels of various drugs.  OVI convictions carry a mandatory driver’s license suspension. (more…)

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