Publisher’s Note: Attorney Charles “Bill” Morrison in our office posted this article on our Ohio Criminal Defense Law Blog on January 9, 2018. The topic of Safe Haven’s Law certainly has both criminal law and family law relevance warranting posting here as well. It is indeed a shame that this legal option is not better publicized! Click here to read more of Bill’s excellent posts.
There has been another high-profile case involving a pregnant teen accused of killing her newborn baby. Now, it needs to be made absolutely clear that this blog is NOT claiming that the teen caused the death of the child. The defendant in this case is claiming the baby was still-born. As we are not privy to the evidence, and she has not been convicted after the state has been put to its proof at a trial, we will presume that the young lady is innocent, as required under our constitution.
However, the linked article mentioned a little-known provision under Ohio law that allows parents of a newborn to effectively give up their child and face no adverse consequences. The theory behind “Ohio’s Safe Haven’s” law is to encourage parents that don’t want or cannot provide … Read More... “Safe Haven’s Law in Ohio – Teens Should Take Advantage”
On Monday, federal Magistrate Judge Timothy Black could have opened the door to more lawsuits regarding same-sex marriage in Ohio. Judge Black issued a temporary restraining order against multiple public officials (including Governor Kasich and Attorney General Mike DeWine) which prohibits those persons from enforcing provisions of Ohio law which prohibit state officials and institutions from recognizing same-sex marriages lawfully performed in other states in the case of Obergefell, et al. v. Kasich, et al., W.D.Ohio No. 1:13-cv-501 (July 22, 2013).
In a 5-4 decision, the Supreme Court overturned the federal 17-year-old 
One of the most contentious issues that may arise in custody litigation is whether a non-parent has the right to exercise visitation with a particular child. Generally speaking, parents are imbued with an absolute right to determine who their child shall visit with under the Due Process Clause of the United States Constitution. This right was most clearly articulated in the United States Supreme Court’s seminal decision of Troxel v. Granville (2000), wherein the Court stated “so long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parent’s children.”
Those that have been involved in custody litigation are probably aware of the important role that a Guardian ad Litem (GAL) can play in the outcome. In fact, when both parties otherwise appear suitable, the GAL’s report can sometimes be the tie-breaker for the Judge or Magistrate hearing the case. The input from the Guardian ad Litem is usually taken very seriously by the Court due to the fact it is thought to come from someone that is in a neutral position, has only the best interests of the children in mind, and has almost unfettered access to relevant information, such as the home life of both parents, the children’s school teachers and counselors as well as other important persons. In short, having a favorable Guardian ad Litem report can be the difference between winning and losing.
The new Ohio texting ban went into effect on January 1, 2013. No longer are police just issuing warning tickets as they had been doing since September 2012. After reviewing H.B 99 it’s fairly evident that the law primarily focuses on minors under the age of 18.