Robert L. Mues, Author at Ohio Family Law Blog

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?”

An Overview of Adoptions, Guardianship and Custody Actions in Ohio

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 to adopt must complete a home study to determine potential suitability which includes completing requirements such as: personal interviews, home visits, and adoption education.

Adoption hearings take place in the Probate Court in the county where the child resides, the person seeking adoption resides, or where the natural … Read More... “An Overview of Adoptions, Guardianship and Custody Actions in Ohio”

Blast From The Past: The Benefits of Four Way Settlement Conferences

Blast from the past 13 years Ohio Family Law Blog

Is a Settlement Conference Worth it?

PUBLISHER’S NOTE: Below is the repost of a blog from February 19, 2011 that has stood the test of time! Alternative Dispute Resolution (ADR) techniques have flourished over the last 10 years! With escalating litigation costs and Court delays, 4 way settlement conferences are a great tool to move a case towards resolution. Operating in “good faith” and being willing to compromise is a major key in reaching success.

Settlement Conference 101: How to Schedule, what to Expect, and how to Prepare

The topic for this Family Blog Article is one that is I like to use and one that I highly recommend to clients and to other practitioners. A four (4) way settlement conference is a meeting or conference attended by both parties (Husband and Wife) and their respective attorneys.

The meeting generally takes place at one of the attorney’s offices but it could be held at an absolutely neutral location such as the Bar Association, a local library, or a church having meeting rooms available for the public. The meetings can take place during normal business hours but can also be held during evening or weekend hours as no one from the … Read More... “Blast From The Past: The Benefits of Four Way Settlement Conferences”

Are You Curious About the Purpose for the Ohio CSEA?

What you need to know about the Child Support Enforcement Agency (CSEA) in Ohio

Clients have many questions about the purpose and role of the Child Support Enforcement Agency (CSEA) in Ohio. So, I thought that posting this blog might be helpful! I have pulled and merged useful information from various sites.

HISTORY:

Parents have a duty to support their children. The Federal Office of Child Support Enforcement (OCSE) was established with the Federal Government’s enactment of Child Support Enforcement and Paternity Establishment Program (CSE) in 1975 to reduce welfare expenses by collecting child support from non-custodial parents.

This program works with State and County agencies by helping locate parents, establishing legal fatherhood (paternity), establishing and enforcing fair support orders, increasing health care coverage for children, removing barriers to payment, such as referring parents to employment services, supporting healthy co-parenting relationships, supporting responsible fatherhood, and helping to prevent and reduce family violence. In Ohio, this unit is administered by the local county Department of Job and Family Services. Click here to go to the Ohio CSEA website.

SERVICES PROVIDED BY THE CSEA:

Establishment of a Support Order

If a person does not already receive support, the

What is the Purpose of Temporary Orders in an Ohio Divorce?

Should I Request Temporary Orders In My Divorce Case? What Is Ohio Civil Rule 75 (N)?

It seems there are often questions asked about the issuing of Temporary Orders in Ohio divorces. Ohio Civil Rule 75 (N) outlines the process. (Click here to read Ohio Civil Rule 75 (N)).

Temporary Orders are intended to maintain the status quo regarding finances and the children and their care. Like the name suggests, these are Court Orders intended to remain in effect for a limited amount of time – typically during the pendency of the action or until further Court Order. A Temporary Order may be requested in the Complaint, Answer, Counterclaim, and Financial Affidavit or by separate motion.

Although these orders are “temporary” they are still Orders of the court that can be enforced. A motion for contempt can be filed for willful violations of these Court Orders.

WHAT DO TEMPORARY ORDERS USUALLY COVER?

Temporary Orders typically regulate:

Temporary Custody/Parenting Time (See ORC 3109.43 and Civil Rule 75 (N);
Temporary Spousal Support (ORC 3105.18) and Temporary Child Support (Rule 75 (N));
Payments of debts (ORC 3105.18); and
Attorney Fees.

In addition, they may deal with Guardian Ad Litem fees, expert witness … Read More... “What is the Purpose of Temporary Orders in an Ohio Divorce?”

Blast From The Past: Extracurricular Activities Can Benefit Kids!

Publisher’s Note: With the recent relaxation of COVID-19 restrictions by the CDC, life will hopefully be returning to a more “normal” status. Isn’t it great to be able to once again start thinking about school activities returning? In that vain, this was an excellent post from September 2013 about the benefits of kids participation in extracurricular activities. I found it liberating, in a way, to once again read it! Enjoy it!

Study Reveals Children Who Participate In Extracurricular Activities Are Less Likely To Dropout Than Students Who Did Not Participate

Extracurricular activities can have a significant impact on your child starting at an early age. Not only can these activities increase their capacity to advance academically, but they can create a healthy, confident young individual. Recent studies have looked into how children react when they’re put into extracurricular activities. You may find yourself believing that your child has no interest in extracurricular activities, but there are numerous activities your child could get involved in, including sports, music, book clubs, religious groups, game groups (board games and such), study groups, and countless others.

Study Results On Extracurricular Activities

In 1995, Ralph McNeal conducted a dropout percentage study to attempt to … Read More... “Blast From The Past: Extracurricular Activities Can Benefit Kids!”

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