Robert L. Mues, Author at Ohio Family Law Blog

An Overview of Child Custody Proceedings in Ohio

Understanding the Intricacies of Ohio’s Custody Laws

Ohio law is gender neutral in custody determinations – meaning there is no preference towards the mother or father being granted custody. In divorce court, “shared parenting” between the mother and father is generally the preferred parenting arrangement instead of sole custody to one parent. If a parent is awarded sole custody, they have the decision-making rights over where a child will attend school and major legal or medical decisions on their behalf. However, that is not always the case and the “best interest” test is employed to determine the best interest of the child.

A court takes into consideration numerous factors such as: the mental and physical health of both parents, any history of domestic violence, child abuse or neglect, and parents’ commitment to facilitate and honor parenting time to name a few. In some cases, a judge will appoint guardian ad litem to assess the child’s best interests in order to act as the child’s voice in a custody case.

In the case of unmarried parents, the custody of the child is placed by law with the mother until court issues an order designating another person as the residential … Read More... “An Overview of Child Custody Proceedings in Ohio”

What Do You Do When Your Ex Drops 80,000+ Pennies for Child Support on Your Lawn? Her Response is Priceless!

Safe Harbor Shelter Sees Spike In Donations

Immature Demonstration By Ex Leads To Unintended Gift For Local Domestic Violence Shelter In Richmond, Virginia

Yes. This actually happened in Virginia on May 21, 2021. A man rents a trailer and dumps 80,000+ pennies on the sidewalk and front lawn of his Ex-wife in satisfaction of his last child support payment. The child, Avery Sanford, who just turned 18 hasn’t seen her father for years. It sounds like her Mother and Avery were smart. What kind of a jerk, let alone a Dad would do this? So, maybe he has his gripes about having to pay child support, but really? Such an immature demonstration to his daughter is totally unwarranted no matter his beef. How disrespectful to his daughter and his ex-wife!

So, what did Avery and her mother do? Well, after making a police report, they shoveled up and collected all the pennies and cashed them in. With the $800 in cash, they donated it ALL to the Safe Harbor Shelter located in Richmond, Virginia. The Safe Harbor Shelter (safeharborshelter.com) is a domestic violence shelter. They focus on assisting victims of domestic violence, sexual abuse and human … Read More... “What Do You Do When Your Ex Drops 80,000+ Pennies for Child Support on Your Lawn? Her Response is Priceless!”

How Much Child Tax Credit Should You Receive Starting July 15th?

IRS Announces American Rescue Plan Raises Child Tax Credit For 2021, Largest Ever

DID YOU GET A LETTER FROM THE IRS?

Oh my – a letter from the IRS! That has to be bad news, right? Perhaps an audit notice? Well, not in this situation! 36 million families will be receiving a letter from the IRS explaining the new child tax credit provisions for 2021 under the American Rescue Plan. It is predicted that 92% of households with kids will qualify for direct financial aid. For those with children, the American Rescue Plan increased the Child Tax Credit from $2,000 per child to $3,000 per child for children over the age of six and from $2,000 to $3,600 for children under the age of six, and raised the age limit from 16 to 17. All working families will get the full credit if they make up to $150,000 for a couple or $112,500 for a family with a single parent (also called Head of Household).

INFO DIRECT FROM THE IRS WEBSITE:

“Important changes to the Child Tax Credit will help many families get advance payments of the credit starting this summer. The IRS will pay half the … Read More... “How Much Child Tax Credit Should You Receive Starting July 15th?”

Divorced? Here are Some Tips to Avoid Summertime Blues with the Kids

Families Facing Parenting Challenges During Covid-19 Summertime Months

Divorced with Children? How to Juggle Work, Vacation and Childcare During the Summertime Months

COVID-19 has certainly added to the stress of the school year no matter what plan you pursued. Homeschooling, virtual learning, in school instruction, masks, social distancing, all have wreaked havoc with the traditional school year to which most people are accustomed. Now summer, and those carefree days that kids dream about all school year long, has finally arrived. However, summer can be difficult on parents when it comes to juggling work, vacation, camps and childcare.

This is especially true for parents who are separated or divorced. Trying to coordinate summer schedules can cause tension and conflict. Although there is no easy way to resolve all the issues that may arise when raising children in two separate homes, there are some tips to follow to help make things easier for both the parents and the kids.

The first thing to do is to read over your divorce or custody decree if you have one, and/or review your parenting agreement. Make sure you have a clear understanding about what your agreement says about co-parenting during the summer months. … Read More... “Divorced? Here are Some Tips to Avoid Summertime Blues with the Kids”

Overview of Adoption in Ohio

Looking to adopt- a guide forward

Many hope to adopt and start down the path only to realize the process is much more time-consuming and confusing than they imagined. There are a couple of way to best prepare: seeking out both your state and county processes, becoming knowledgeable about the routes of adoption available, and the advice of a legal professional.

Anyone who hopes to adopt, regardless if it is domestically or internationally, must complete a six-month at-home study to determine suitability. The particular home study requirements vary due to county, but a majority include interviews, health and financial records, home visits, and adoption education.

Beyond initial studies, consent to adoption is also needed in many situations. Consent may be granted 72 hours after birth if the at-home assessment is complete, if it is not it can be given 72 hours after completion. If a child is over the age of 12, they must consent to the adoption as well. Consent becomes irrevocable, unless there is evidence of fraud or misrepresentation, either when the birth parents relinquish their rights to an agency or after the court has entered a final decree when an adoption is headed by an attorney.… Read More... “Overview of Adoption in Ohio”

In Ohio, Will Your Counselor or Lawyer Report Suspected Child Abuse to Children Protective Services?

Suspected Child Abuse: Questions Both Lawyers and Psychologists, Therapists and Counselors Consider Before Notifying Child Protective Services

All 50 states and the District of Columbia have enacted statues requiring the reporting of suspected child abuse. Not all state statutes are the same. While all states support the mission to eliminate child abuse, they have enacted very different legislation.

Since I am an Ohio divorce lawyer, I want to focus in this blog on reporting issues that I have seen in my practice pertaining to the obligation for both lawyers and psychologists, therapists and counselors to report suspected child abuse to Child Protective Services (CPS).

Perhaps a good way to illustrate the difference in how a lawyer and therapist must deal with this client/patient is by creating a hypothetical pattern.

HYPOTHETICAL FACT PATTERN:

A divorce client comes into the office and tells me that he believes that his wife has sexually abused their 15-year-old son. He did not actually witness it, but he has recently noticed odd and inappropriate interactions between the two of them. He is extremely troubled by his wife wanting to divorce him and of course by the suspected relationship between his son and wife. … Read More... “In Ohio, Will Your Counselor or Lawyer Report Suspected Child Abuse to Children Protective Services?”

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