Divorce: Addressing High Conflict Cases – Tips and Strategies

High Conflict Divorce Tied With High Conflict Personalities According To Therapists

divorceOn March 24th, 2014, I traveled from Dayton, Ohio to Mason, Ohio to interview Brenda Patton, Therapist, Parenting Coordinator, and Mediator for The Counseling and Cooperative Parenting Center of Ohio, LLC, also known as “CCPC – Ohio”.  Initially, I was interested in interviewing a spokesperson of this Parenting Center as they were a “private” entity providing supervised visitation or supervised parenting time for families in Montgomery, Warren, and Hamilton Counties. When I learned that the service of supervised visitation had been discontinued in July 2013, I explored other topics of interest. When Ms. Patton advised me that the Center was interested in working with “high conflict” divorce matters, my interest was piqued.

What is a “high conflict” divorce matter?  Ms. Patton defined it as being cases that have a “revolving door” relationship with the Domestic Relations Courts. They are the cases that are never resolved or settled.  Months and/or years after divorce has been finalized, the parties are still returning to Court to resolve unsettled issues relating to support, visitation, selection of schools, selection of treating physicians, payment of medical expenses, payment of extracurricular expenses, etc. These cases often … Read More... “Divorce: Addressing High Conflict Cases – Tips and Strategies”

Adoption in Ohio: Sweeping Changes May be on the Horizon

Proposed Changes To Ohio Adoption Laws Will Erode Putative Fathers’ Rights

Reduction In Contest Time To Favor Adoption Parents In The State Of Ohio

adoption ohio putative fathersOn January 29, 2014, the Ohio House of Representatives passed Substitute HB 307, the “Adoption Reform Bill” or, as dubbed by some, the “Make Adoption Cheap and Fast Bill.”  Ohio Right to Life groups advocated and lobbied for the Bill’s passage.  The Bill was proposed and passed in the general assembly with seventy seven (77) affirmative votes and only fourteen (14) negative votes.

Why is HB 307 important?

HB 307 is very important due to the significant time changes it imposes on putative fathers, the tax benefits it provides for adoptive families, and the clarifications it makes to previous legislation.  Many family-law practitioners are expressing concerns that the steep reduction in putative fathers’ rights further erodes the already declining rights of putative fathers in Ohio.  To be clear, a “putative father” is one believed to be the father of a child born out of wedlock (without benefit of marriage), unless proved otherwise.

What does HB 307 propose for putative fathers?

HB 307 sets forth six (6) substantial changes to the present statutes governing adoptions.  The … Read More... “Adoption in Ohio: Sweeping Changes May be on the Horizon”

Family Visitation Center In Greene County, Ohio

Attorney Anne Shale Takes A Tour Of The Family Visitation Center In Greene County, Ohio

Family Visitation Center Provides Services For Families Needing Assistance With Visitation Exchanges

Family Visitation CenterOn December 10, 2010, I visited Erma’s House in Dayton, Ohio in order to gain information to write an article about the Visitation Center for Montgomery County, Ohio.  On December 23, 2013, I had the opportunity to visit and tour the Greene County Family Visitation Center located at 143 East Market Street, Xenia, Ohio 45385 to learn about the services provided by the Family Visitation Center.  I had the privilege to meet and spend time with Libby Powers, Program Coordinator and Mediator for the Family Visitation Center.  The Family Visitation Center is located in a former two (2) story residence which provides the facility with a “homey” atmosphere and a warm/friendly environment.

Family Visitation Center Mission Statement:

The Greene County Family Visitation Center’s mission is to provide supportive supervised visitation and exchange services in a neutral, safe, comfortable and structured environment.

Family Visitation Center History:

The plan to create a supervised visitation program was the result of collaborative planning efforts of several Greene County programs and agencies.  Those entities included the Court Appointed … Read More... “Family Visitation Center In Greene County, Ohio”

Attorney Fees: Motion For Reasonable Attorney Fees

How To Obtain Reasonable Attorney Fees At The End Of A Domestic Relations Case

Local Rule entitles Award of Attorney Fees

attorney feesIn my last Family Law Blog Article posted on October 12, 2013, I discussed how to obtain interim attorney fees at the outset of a domestic relations case.  With this article, I shall address how to obtain reasonable attorney fees at the end of a domestic relations matter.  In Montgomery County, Ohio, this topic is addressed by Local Rule 4.27 entitled “Award of Attorney Fees”.

Pursuant to the Local Rule cited above and according to the laws of Ohio, a Domestic Relations Court may award reasonable attorney fees at any stage of the proceedings, including appeal, modification, and enforcement cases.  In order to award reasonable attorney fees, the Court must find that one party (the “financially disadvantaged party”) will be prevented from fully litigating his/her rights and adequately protecting his/her interests, and that the award is equitable (“fair”).

The very first step to take in determining whether to file a Motion for Reasonable Attorney Fees is to determine if you are representing the “financially disadvantaged” spouse.  As in my previous Family Law Blog Article, it would not … Read More... “Attorney Fees: Motion For Reasonable Attorney Fees”

Interim Attorney Fees: Filing For The Financially Disadvantaged

How to Request Interim Attorney Fees in Divorce Cases in Montgomery County, Ohio

interim attorney feesIf you are a family law attorney practicing in Montgomery County, Ohio, you must be familiar with Local Rule 4.14(B) which reflects the following language:

“Upon the Court’s own motion or motion of either party, interim attorney fees may be awarded without an oral hearing to allow an economically disadvantaged party to be adequately represented, or to adequately represent the interests of a minor child.  The Court may award such reasonable interim attorney fees as the Court deems necessary and upon such terms as are equitable.  In matters pending before a Magistrate, the Magistrate may determine an interim fee request under the procedures provided for Magistrate Orders.”

The language of the rule raises several questions:

  1. What are interim attorney fees?

    “Interim attorney fees” are fees that could be awarded for the time between the filing of a Complaint for Divorce and the Final Divorce Hearing.  These interim attorney fees are requested so that both parties in the divorce proceeding have adequate monies to have their interests represented before the Court.

  2. Who is the “economically disadvantaged” party or spouse?

    The “economically disadvantaged” party or spouse is the one

… Read More... “Interim Attorney Fees: Filing For The Financially Disadvantaged”

Domestic Violence Specialist in Greene County, Ohio – Role And Function

Sheri Hall, A Domestic Violence Specialist, Reveals How The Position Functions In Greene County, Ohio, Domestic Relations Court

Domestic Violence SpecialistOur law firm represents clients in the greater Dayton, Ohio geographical area and we routinely accept cases in the counties of Montgomery, Greene, Warren, Clark, Preble and Miami.  On a recent afternoon in August 2013, I spent time at the Domestic Relations Court of Greene County, Ohio to interview their Domestic Violence Specialist, Sheri Hall.  This Family Law Blog article is intended to provide information to our readers relative to the roles and functions of this Court employee.

Sheri Hall was hired by the Greene County Domestic Relations Court in 2001 while Judge Judson Shattuck was the Judge of that Court.  He hired her away from the Family Violence Prevention Center where she served as an Advocate/Admissions Employee.  She emphasized to me that while she served as an “advocate” for her former employer, she is to serve an objective role in her present position of employment.

To prepare Sheri for this position with the Court, she obtained a degree in Sociology with a minor in Psychology from Ohio University with classes/projects related to the issue of “domestic violence.”  At the present … Read More... “Domestic Violence Specialist in Greene County, Ohio – Role And Function”

Parent Questionnaire and Information Sheet

Completing the Parent Questionnaire/Information Sheet in Your Divorce

parentIf you are a resident of the State of Ohio and the County of Montgomery, Rule 4.28 of the Local Rules of the Domestic Relations Court, reflects that the “Court requires that all parties in divorce or legal separation cases involving minor children, complete and return to the Court a Parent Questionnaire and Information Sheet prior to the final hearing in the proceeding. What information is addressed by the Parent Questionnaire and Information Sheet?

The Court is making inquiry regarding certain basic information from each party:

A.  Personal Information. The Court is seeking information as to the party’s mailing address, telephone number(s), current position of employment, current work schedule, employment history, and name and phone number of the party’s attorney.

How could this information be useful to the Court? The Court would see “red flags” if a party is without current employment as issues would be raised as to child support and spousal support. The Court would be much happier to see that both parties are gainfully employed with decent incomes.

B.  Marital History. Have the parties been involved with other separations or divorces? Who left home first? What have … Read More... “Parent Questionnaire and Information Sheet”

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