Robert L. Mues, Author at Ohio Family Law Blog

Should Ohio Pass a New Law Establishing 50/50 Shared Parenting in Divorce Cases?

Ohio would join only Arkansas and Kentucky as states with a law establishing automatic equal shared parenting time.

Ohio House introduces HB14 to establish automatic 50-50 Child Custody, but is this in the best interest of the child?

A separation or divorce is a highly stressful and emotional experience for everyone involved, but for children, it can often be traumatic. Children are often left feeling shocked, angry, uncertain, or even guilty. These are all totally normal reactions. In response to these natural emotions, one of the best things parents and courts can do throughout divorce proceedings is consider the best interests of their children in regard to custody and residential parenting decisions.

In most jurisdictions, including Ohio, the “best interest” of the child standard is the basis for most custody decisions. The purpose of this standard is to safeguard a child’s mental, emotional, and physical well-being by ensuring the parents can provide the best upbringing for the child. Judges utilize this “best interests” standard when making decisions regarding custody arrangements.

Despite this long-standing best interest of the child standard, the Ohio House has recently introduced HB14 to establish automatic 50-50 child custody from the start of the case. This bill … Read More... “Should Ohio Pass a New Law Establishing 50/50 Shared Parenting in Divorce Cases?”

Divorce: Child Custody Evaluations in Ohio

Ohio Child Custody Evaluation – Supreme Court Approves New Rule

Child Custody Evaluations: Ohio Moves to Standardize Qualifications For Mental Health Professionals and Courts

The positives versus the negatives of Court ordered child custody evaluations in a divorce is still subject to debate. I posted a blog article about this controversy on January 7, 2017. Click here to read it. The same opposite positions exist today, 6 years later.

As a seasoned divorce litigator, I will share that in my opinion they can be very helpful in settlement negotiations and ultimately as evidence if custody is litigated at trial. The biggest logistical problem is finding experienced psychologists willing to perform them. That is certainly true, at least in the Dayton area anyway. There are individuals conducting them in the larger cities like Columbus and Cincinnati. This is the subject of frequent frustration of family law and divorce lawyers in Dayton wanting to move forward with this type of evaluation.

WHAT IS THE DIFFERENCE BETWEEN A GUARDIAN AD LITEM INVESTIGATION AND A CHILD CUSTODY EVALUATION?

Here are the links to three past blog articles that we have posted about GAL investigations:

Click here to read about the Updated Guardian Ad Litem … Read More... “Divorce: Child Custody Evaluations in Ohio”

Blast From The Past: Tips on Dealing with Your Divorce Lawyer [And Why it Matters]

Blast from the past 13 years Ohio Family Law Blog

PUBLISHERS NOTE: Having recently completed 4 very lengthy high conflict cases over the last few months, I find myself reflecting about the facets of the attorney/client relationship in each. In a different way, each was exceedingly grueling. So I decided to reread several of my past blog articles on this topic. Below is one from 4 years ago which I like a lot.
I would now add another piece of advice to it – “Extreme perseverance may be required to obtain your goals”. While disentangling the parties quickly is always the goal, unfortunately that may not be possible in all cases. At the initial conference, I typically explain to clients that a divorce often is more like a marathon race than a sprint. Work closely and communicate well with your divorce lawyer to understand where your case is headed and all of your options! Stay strong and be prepared to persevere as necessary!

How To Get The Best Outcome From Your Divorce Lawyer

So, you have selected your divorce lawyer. Here are some tips for how to deal with him/her to hopefully achieve the best outcome possible.

Be Candid and Honest – Don’t ever leave your divorce lawyer in the

The Truths Behind Some Ohio Child Support Myths

Ohio Child Support: 8 Common Myths Debunked

Most parents are familiar with the concept of child support. Nonetheless, there are many myths and inaccuracies people believe to be true that are in fact false. If you pay or receive Ohio child support, you should take the time to learn the truth! Here are some common myths about the payment of child support in Ohio.

MYTH #1. ONLY FATHERS CAN BE REQUIRED TO PAY CHILD SUPPORT.

Both parents in Ohio have an obligation to support their children. There are many situations where mothers in Ohio are ordered to pay child support.

MYTH #2. THE CHILD’S NEEDS DETERMINES THE AMOUNT OF CHILD SUPPORT.

Child support in Ohio is generally calculated based on gross incomes of the parties, number of children, daycare or childcare expenses, health insurance costs, and the amount of time each parent spends with the child. The child support guidelines in Ohio are not uniform with those in other states. In addition to these factors, the court may consider any unusual needs of your children. The guideline calculations are a starting point in determining Ohio child support. They are not absolute amounts for each and every case. Unusual … Read More... “The Truths Behind Some Ohio Child Support Myths”

Are You Looking for a Supervisor of Parenting Exchanges in the Dayton Area?

Dayton Ohio Parenting Time Exchanges Begin This Summer

PUBLISHER’S NOTE: We posted a blog about the great work being done through the Dayton Mediation Center 12 years ago. Click here to read it. They keep expanding their work and the services offered. Now they are rolling out a new program offering to supervise exchanges of kids between parents and caregivers. A great service as these exchanges can often be troublesome!

Dayton Mediation Center Offering Program To Supervise Custody And Parenting Time Exchanges

Parenting time exchanges can be difficult in many cases. I have posted several articles here about the subject because it can be such a problem. Previously on the Ohio Family Law Blog in 2020, I posted one about suggestions for making parenting exchanges go well. Click here to read it. In 2022, I wrote another one about tips for smooth parenting exchanges for divorced parents. The content in them is very worthwhile to read again!

NEW PROGRAM THROUGH THE DAYTON MEDIATION CENTER

I recently had the pleasure of speaking with Raven Cruz Loaiza, the unit coordinator for the recently established Mediation Response Unit (MRU) in Dayton Oh. The Mediation Response Unit is a program under the umbrella of … Read More... “Are You Looking for a Supervisor of Parenting Exchanges in the Dayton Area?”

April Is National Child Abuse Prevention Month – Help Strengthen Families and Prevent Child Abuse

Help Promote Child Abuse Prevention with these Programs and Activities

April is National Child Abuse Prevention Month. This month and throughout the year, Holzfaster, Cecil, McKnight & Mues, encourages all individuals and organizations to play a role in making the Dayton, Ohio community a better place for children and families. There are many ways that each of us can help!

We all need to help promote the social and emotional well-being of children and youth and prevent child maltreatment within families and communities. Protective factors are the strengths and resources families draw on during difficult times to shield them from life’s stresses. Research shows that when parents possess protective factors, the risk for neglect and abuse diminish and optimal outcomes for children, youth, and families are promoted. It is important that parents have the knowledge, skills, and resources they need to care for their children. Major protective factors include knowledge of parenting, knowledge of child development, parental resilience, social connections, and concrete supports.

In support of these efforts, the U.S. Department of Health and Human Services, Children’s Bureau, Office on Child Abuse and Neglect, together with Child Welfare Information Gateway, and the FRIENDS National Resource Center for Community-Based … Read More... “April Is National Child Abuse Prevention Month – Help Strengthen Families and Prevent Child Abuse”

Tips For Texting During a Divorce

Helpful Tips Regarding Texting with your Spouse in a Divorce

Texting has become for many of us, a fast and easy way to communicate. However, when you are going through a divorce, it is important to rethink about texting your soon to be ex. In the past, I have addressed this issue, but I think it is important to designate a blog to specifically address texting and how it can impact your separation/divorce.

Did you know that the court recognizes text messages as admissible evidence? The judge’s final decision regarding alimony, custody, distribution of debts and assets, etc. may be influenced by texts that have been presented as evidence. You must be careful what you put in either an email or a text, or it may come back to haunt you. On the same note, while it might be tempting to post a snarky comment regarding your spouse on social media, such as instagram or facebook, don’t do it. Your spouse could use these posts against you in your divorce trial.

Below are some tips regarding texting with your spouse.

Texting is a fast way to respond to someone, but think carefully before you fire off a response … Read More... “Tips For Texting During a Divorce”

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