LEGAL DEVELOPMENT: OHIO’S SOCIAL MEDIA PARENTAL NOTIFICATION ACT HALTED

Ohio Social Media Parental Notification Act

Temporarary Restraining Order Halts Ohio Social Media Parental Notification Act. What Happens Now?

Ohio Social Media Parental Notification ActPer the blog post published on January 6th, 2024 the Ohio Social Media Parental Notification Act was supposed  to go into effect on January 15, 2024. However, on Tuesday, January 9th, a temporary restraining order was granted out of the United States District Court for the Southern District of Ohio.

The Ohio Social Media Parental Notification Act  requires parents of children under 16 to give consent for their child to use social media sites such as TikTok, Instagram, Snapchat, and Facebook. Additionally, the law would require social media sites to comply with this law or face civil penalties. To read more on the Act visit our blog post here

Issues with the Ohio Social Media Parental Notification Act arise from what a “social media operator” is actually defined to be. NetChoice, a tech trade association challenged the law stating that it violated free speech principles because there is no notice as to the specific sites that will be impacted by this law.

A violation of free speech?

The Chief United States District Judge Algenon L. Marbley wrote that NetChoice had legal standing and that, “if … Read More... “LEGAL DEVELOPMENT: OHIO’S SOCIAL MEDIA PARENTAL NOTIFICATION ACT HALTED”

LEGAL ALERT – New Ohio Law Designed to Help Protect Children Under Age 16 Requiring Parental Consent Before Kids Can Use Many Social Media Sites

Alert Key Legal Update

Social Media Parental Notification Act To Help Safeguard Children From The influence of Social Media Sites.

Social Media Parental Notification ActThe Ohio fiscal budget for 2023-24 that was signed into effect earlier this year by Governor Mike DeWine, has incorporated stricter laws to try and safeguard children from the influence of social media. The Ohio’s Social Media Parental Notification Act will go into effect on January 15, 2024.

According to the U.S. Surgeon General, 95% of young people ages 13-17, actively use social media. Governor DeWine and Lt. Gov. Jon Husted saw the growing need to try and enact legislation to help parents keep their children from harmful effects that social media might have.

The Ohio Social Media Parental Notification Act requires parents of children under 16 years old to give consent for their child to use social media sites such as Tik Tok, Instagram, Snapchat and Facebook. The consent form must be submitted in written form and signed electronically. Owners of social media platforms are held responsible for developing procedures that will verify if the user of their site is under age 16. Parental consent would be verified through different options, such as signing a digital form online, using online payment … Read More... “LEGAL ALERT – New Ohio Law Designed to Help Protect Children Under Age 16 Requiring Parental Consent Before Kids Can Use Many Social Media Sites”

Thinking About a Divorce for the New Year?

new year divorce

PUBLISHER’S NOTE: I have updated a Blog post from January 20, 2018 and reposted it to include some newer blogs about divorce in the new year. Please check all of them out! We hope you and your family have a peaceful and joyous New Year!

A Must-Read Guide For Couples Thinking About A Divorce In The New Year

new year divorceExperts say that January is the most popular month of the year for couples to file for divorce in Ohio. With the hustle and bustle of the holidays (Thanksgiving and Christmas), it is common for couples to put off their divorce plans until after the first of the year. Even though many couples are struggling with their marriage before the holiday season, they tend to push back getting a divorce to make the holidays more enjoyable and memorable for their kids.

According to Cathy Meyer, who founded DivorcedWomenOnline.com and is a certified divorce consultant stated, “Dissatisfied husbands and wives begin searching for information on divorce immediately after the holidays”. She has experienced a huge increase in page views and searches the day after Christmas. People start looking for information before the New Year starts, but they cannot do much until the … Read More... “Thinking About a Divorce for the New Year?”

Merry Christmas and Happy New Year!

merry christmas happy new year hcmm

We Wish You A Peaceful, Safe and Happy Holidays!

merry christmas happy new yearEveryone at Holzfaster, Cecil, McKnight & Mues wish each of you and your family joy and warmth this holiday season. May the magic of the holidays fill your heart with peace and happiness. Whatever your plans are, wherever you are going, we wish you safe, peaceful and happy holidays! Please try your best to spread kindness and joy as you go!

Our office will be closed on Christmas Day and again at Noon on Friday December 29th. We will reopen on Tuesday, January 2nd.

May the New Year be everything you hoped for and more!

The holiday season is a perfect time to reflect on all of our blessings and seek out ways to make life better for those around us!

Merry Christmas and Happy New Year!

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Ho- Ho- Ho-Holiday Tips for Stress Free Parenting

holidays divorce

How to Make the Holidays a Happy Time for you and your Children After Divorce

holidays divorceHolidays are a joyous time. Christmas or Hanukah can be most memorable for both adults and children, but they are especially magical moments for children. However, as adults who are going through a separation, a divorce, or who have already been divorced, the holiday times can be very stressful. I believe that most parents want their children to be happy, but especially so during holiday times. So, what to do to ensure the best possible outcome?

Communication and cooperation are the two main ingredients. The first thing that both Ex’s need to do is to thoroughly review their custody agreement for holidays. Your plan is most likely tailored to what you agreed with at the time of separation, or divorce with your attorney or pursuant to the Court’s Standard Parenting Order. They all vary. Some have elected for shared time during each holiday, and some have agreed to every other holiday. Regardless make sure you know what your Court Order states. It is vital to an easy transition for the kids that you and your Ex are in total agreement as to the … Read More... “Ho- Ho- Ho-Holiday Tips for Stress Free Parenting”

Will I Likely Be Happier After My Divorce?

divorce survey

Positive Outlook Key For Post Divorce Happiness?

divorce surveyI get this question a lot when I meet with my divorce clients. While there is no guaranteed correct answer, there are steps you can take to keep you from becoming paralyzed by the divorce process. From reports I hear from my former clients, the answer to this question is usually “yes”!

I am a bit of a geek when it comes to looking at statistics. I recently saw an article on MovingPastDivorce.comabout a survey that Terry Gaspard commissioned. Terry is a licensed social worker and counselor in Rhode Island. Reading her bio and a recent interview with her by Social Work Guide, she appears very accomplished. Click here to read that interview.

Ms. Gaspard, through her company, recently contacted more than 2,000 people who had been divorced for at least three years. She wanted to probe findings about post-divorce loneliness and fears about meeting new people. Her hope was to produce a survey that might dispel such worries with cold, hard facts. Interestingly, the survey  did reveal a number of statistics she thought were important. While I can’t vouch for her methodology or the validity of the survey results, … Read More... “Will I Likely Be Happier After My Divorce?”

In Ohio, A Child Can Pick Which Parent to Live With in a Divorce – True or False?

divorce parent

ANSWER: The answer is FALSE.

History of the Ohio Child Election Law

divorce parentPrior to 1946, Ohio General Code §8033 made it mandatory that a child ten years of age or older “must” be allowed to choose which parent they preferred to live with, and the court would have to follow that choice unless the court deemed that parent “unfit.” Venable v. Venable, 445 N.E.2d 1125, 1130 (Ohio Ct. App. July 9, 1981). Even as recently as 1989, the Ohio Revised Code §3109 stated that children twelve years of age or older could choose which parent to live with. Bawidamann v. Bawdiamann, 580 N.E.2d 15, 17 (Ohio Ct. App. Aug. 4, 1989).

However, in 1996 the Ohio legislature amended §3109.04 and eliminated the ability for a child to choose the parent to live with. Butland v. Butland, No. 95APF09-1151, 1996 WL 362038, at *3 (Ohio Ct. App. June 27, 1996). Thus, courts in Ohio no longer considered the choice of the child controlling and opted instead to utilize the ” best interest” factors set forth in the current amended statute. Id.

Ohio Law Today on the Wishes of the Child to Live with a Parent

While the … Read More... “In Ohio, A Child Can Pick Which Parent to Live With in a Divorce – True or False?”

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