Robert L. Mues, Author at Ohio Family Law Blog

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

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

Holidays 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?

Positive Outlook Key For Post Divorce Happiness?

I 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?

ANSWER: The answer is FALSE.

History of the Ohio Child Election Law

Prior 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?”

Ever Wonder the Leading Causes for Divorce?

The Main Reason For Marrying Says Divorce Study? It’s Not Love!

According to a study by McKinley Irvin, approximately 42-45% of marriages in the United States end in divorce. The same study also found that 60% of second marriages and 73% of third marriages end in divorce. In 2021, there were 689,308 divorces across the 45 U.S. states that report this statistic. During that same year, 1,985,072 marriages occurred, making the U.S. marriage rate 6 per 1,000 people.

It can be beneficial for a couple to understand the causes for failed marriages. If you are already married it can help you to make your own marriage stronger. If you are about to walk down the aisle it can guide you in making choices about your intended wedding. It can even help you to support other couples in your life that you care about.

I recently read an article published in Forbes Magazine where they reported on their findings of a survey they had conducted. Click here to read that article. Forbes Advisor conducted a survey of 1000 Americans who are in the process of getting a divorce, or who are already divorced, to determine why marriages failed. Admittingly so, … Read More... “Ever Wonder the Leading Causes for Divorce?”

Blast From The Past: Non-Payment of Child Support May Result in Denial of a Passport

Child Support Arrearage Can Impact Travel Outside The Country

PUBLISHERS UPDATE: Here is one of my favorites posts about the U.S. Passport Denial Program from back on January 15, 2011! This U.S. government program is still going strong. Here is a link to their website to learn more. We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Renewal Or Issuance Of A U.S. Passport May Be Denied If More Than $2,500 Is Owed In Child Support

Most people don’t realize that if you have a child support arrearage of more than $2,500 that you are NOT eligible for either a renewal or the issuance of a U.S. passport. Also, be aware that there is no guarantee that even if your arrearage balance is below $2,500 that you will be allowed to obtain a passport because you are still in arrears. Many people who had intended to travel abroad have learned about this restriction the hard way and ended up having their plans aborted by a passport denial. Think about the implications if, for example, you were planning on getting married overseas and … Read More... “Blast From The Past: Non-Payment of Child Support May Result in Denial of a Passport”

A New Study Emphasizes the Important Role Fathers have on the Educational Outcomes of Their Children

Fathers Involvement With Their Children Has A Positive Effect on Educational Outcomes Says Recent UK Study

It goes without saying that parental involvement is crucial for a child’s development as well as their educational growth. A recent study conducted by the University of Leeds in the UK, finds that fathers have “a unique and important effect” on their children’s educational outcomes. The study collected data in a survey of about 5,000 families in the United Kingdom that included both a mother and father. The study was linked to the participants in the study from their early year profile at age 5 and then to the national pupil database at age 7. Click here to read the study.

The study found that when fathers engage in structured interactions such as singing, reading, playing, and drawing with their children before they attend school, it gives an educational advantage to them in their first year of elementary school. The report found that this trend continues as they progress through school. If there is greater involvement at the age of 5 it increases the child’s academic progress at the age of 7. The study found that father’s involvement had a positive effect on … Read More... “A New Study Emphasizes the Important Role Fathers have on the Educational Outcomes of Their Children”

Blast From The Past: An Overview of Adoptions, Guardianship and Custody Actions in Ohio

PUBLISHERS UPDATE: Here is one of my favorites posts about Adoptions, Guardianship and Custody Actions from back on June 5th, 2021! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Legal Advice is Essential, if contemplating Adoption, Custody or Guardianship Action

The Legal Caregiver Roles in Ohio: Adoption, Custody and Guardianship. Which Role is Right For Me?

It is fundamental to those contemplating a new role of a caregiver of a child to know the rights and restrictions of each of these proceedings in order to best be informed about the legal possibilities and implications.

It is critical to have a committed person/family step in and assume the role of care in the precarious situations children or others needing care are often left in. Being informed is priceless, but obtaining legal advice is essential. Which option or approach is best for your situation may turn on specific facts and the legal jurisdictional requirements. But, here is an overview of the options.

What are the options?

Adoption:

Adoption terminates the legal relationship once held between the biological parent and the child. Anyone looking … Read More... “Blast From The Past: An Overview of Adoptions, Guardianship and Custody Actions in Ohio”

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