Robert L. Mues, Author at Ohio Family Law Blog

Supreme Court Rules: LGBTQ People are Protected from Job Discrimination

Divided Supreme Court Rules On Sex Discrimination Protection For LGBT Workers

In a landmark ruling, a divided Supreme Court ruled on June 15, 2020 that the 1964 Civil Rights Act barring sex discrimination in the workplace also protects LGBTQ employees from being fired because of their sexual orientation. The case, Bostock v. Clayton County, Georgia can be accessed by clicking here. The court decided by a 6-3 vote that a key protection of the Civil Rights Act of 1964 known as Title VII that bars job discrimination because of sex also encompasses discrimination against LGBT workers.

The decision was written by Associate Justice Neil Gorsuch (who was appointed to the Court by President Trump). Chief Justice John Roberts also joined the court’s four liberal justices composing the majority. Dissenting were Associate Justices Samuel Alito, Clarence Thomas and Brett Kavanaugh.

“An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex,” Justice Neil Gorsuch wrote for the court. “Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”

“The lawmakers who drafted and enacted the legislation

Child Visitation Exchanges – Tips to Avoid Problems!

Visitation Exchanges. Do this to Avoid Friction with your Ex!

Visitation exchanges and custody exchanges can be uncomfortable and sometimes downright combative depending upon the relationship between the parents. They can also be stressful to your child as well. The overall objective needs to be to keep things civil and reduce friction all the way around.

Here are some common-sense tips of what to do, or not do in visitation exchanges:

Coordinate Drop Off/Pick Up Location: In high conflict cases, the less you have to interact with your Ex the better. One common approach is agreeing upon making the switch at school, a daycare center, babysitters or friend’s house. Other options are at a public place such as a park or restaurant. In extreme situations, some folks will make the exchange outside the local police department. You need to figure a spot that is practical and reduces possible danger
Bring a Third Party: Some folks will bring a witness to observe the drop off/pickups and to act as an observer and help reduce any friction. If you do this, please be smart in who you choose. Typically, a family member or a mutual friend works best (assuming they get along

Study Finds that Same-Sex Weddings have Generated $3.8 billion Over the Last 5 Years

Same-Sex weddings Have Generated Billion in Local and State Economic Activity in U.S. According to Study

It is estimated that there are 513,000 married same-sex couples in the United States. There are 28 United Nations’ member states that recognize the right of same-sex individuals to marry. According to a study released on May 25, 2020 by the Williams Institute on Sexual Orientation and Gender Identity Law at UCLA , same-sex weddings have generated $3.8 billion in local and state economic activity in the United States since the Supreme Court legalized gay marriage five years ago this month in Obergefell v. Hodges. Click here to read the Supreme Court decision.

In June 2015, when the Supreme Court issued its decision in Obergefell, there were an estimated 242,000 same-sex married couples in the U.S. The number of married same-sex couples has more than doubled since then. An estimated 513,000 same-sex couples are married as of March 2020. The researchers used data from the government’s American Community Survey.

Researchers found the average cost of a same-sex marriage was $11,000 (compared with $15,000 for heterosexual couples), coming to over $3.2 billion. In addition, researchers estimated their out-of-state guests spent over $540,000 over the … Read More... “Study Finds that Same-Sex Weddings have Generated $3.8 billion Over the Last 5 Years”

6 Tips of How to Effectively Communicate with Your Spouse During a Divorce

Communications With Your Spouse During A Divorce Need Not Be Stressful Or Difficult

Divorces can be very difficult and stressful. Emotions can often run rampant. Those may include anger, blame, hurt feelings, confusion, sadness, and depression. Trying to maintain civil communications between you and your spouse is important. No black or white approach works in every case. You know the factual background which caused the marriage to breakdown. You know if your spouse has been abusive or can be a bully or meanspirited. Hopefully, these tips will be useful in establishing appropriate communications.

In many cases the parties elect to have their lawyers shoulder the majority of the communications. Nonetheless, some level of communications will likely need to occur, especially if you have children.

Be Civil and Respectful: Avoid arguments and be professional. As difficult as it may be, “bite your tongue” and don’t escalate issues. Truthfully, whether you are right or wrong on a point isn’t that important in the long run.
Set Boundaries: As you transition from being married to divorced, try to establish boundaries to agree upon the way the 2 of you will primarily communicate and about what topics.
Consider Email Communications: Email is a frequent

Blast From The Past: What Is Parental Alienation And Parental Alienation Syndrome?

Blast from the past 13 years Ohio Family Law Blog

Publisher’s Note: Here is an article originally posted on the Ohio Family Blog on November 15, 2008. Parental alienation continues unfortunately to be all too common in custody litigation. Domestic Relations Courts hear testimony about it daily. I thought this primer on the topic would be worth reposting today!

Does Parental Alienation Syndrome (PAS) Factor Into Determination Of Custody In Ohio?

There are a number of different factors and circumstances that have an effect on the determination of custody in Ohio. According to O.R.C. §3109.04(F)(1), the court must consider all relevant factors when determining the best interest of the child. One of those relevant factors under Section 3109.04 (F)(1)(I) includes whether either parent has continuously and willfully denied the other parent’s right to parenting time or visitation as ordered by a court. While visitation denials may be relatively easy to prove in court, that alone doesn’t amount to parental alienation.

Further, it is not uncommon for some amount of alienation to occur when parents first separate. Usually, the alienation subsides after the parents’ transition through the separation and move on with their lives. In some cases it doesn’t, and instead it continues and escalates to what has become referred … Read More... “Blast From The Past: What Is Parental Alienation And Parental Alienation Syndrome?”

Tips on Applying for Student Loans if Your Parents are Divorced

fafsa application custodial parent college

The FAFSA application (Free Application for Federal Student Aid)

Publishers Note: On June 8, 2013, we published “College Expenses: The Impact of Student Loan Debt On Your Child”. College loans are problematic. This seemed like an excellent time to update and address applying for school aid for kids whose parents are divorced. Click here to read the original blog article.

Applying for College? How to complete the FAFSA application (Free Application for Federal Student Aid) if your parents are divorced or unmarried

Selecting and applying to a college or university can be really tough and daunting. After doing that, unfortunately, you are likely not finished. Next ahead is completing the FAFSA (Free Application for Federal Student Aid) application. This can be complicated especially if your parents are divorced (or your parents are unmarried).

Custodial Parent Determination:

The “custodial parent” designated in your parents divorce paperwork does not control for FAFSA consideration purposes. If your parents are not married but living in the same household, you must include the information for both parents. If, on the other hand, your parents are not married and do not live together, then you fill out the application for the parent whom you live with … Read More... “Tips on Applying for Student Loans if Your Parents are Divorced”

LEGAL ALERT: Ohio Domestic Relations Courts will Reopen Monday, May 4, 2020, in Southwestern Ohio but with Restrictions?

Waiting To Proceed With Divorce? Domestic Relations Court Reopens Across Miami Valley On May 4, 2020

Despite the extension of the shelter-in-place Order now until May 29th issued by Governor DeWine on Thursday, most of the local Miami Valley Domestic Relations Court have decided to reopen on Monday morning, May 4, 2020. Most have been closed (or with limited staffing) hearing only emergency matters such as domestic violence cases.

Other “routine” scheduled matters, including pretrials, hearings and trials have been postponed (much to the frustration of the litigants and their lawyers). Many of these Courts have essentially “been dark” for over a month! Of course, this Court action was necessitated by the spread of the Coronavirus (COVID-19) pandemic.

All Courts going forward seem to be incorporating the CDC guidelines to protect the health of the public and Court staff.

To Face Mask Or Not Face Mask – A List of Local Miami Valley Domestic Relations Court Facial Covering Rules

– Montgomery County Domestic Relations Court is not specifically requiring folks to wear a facial covering to enter the building. Click here to read their Order filed on May 1, 2020.

– Greene County Domestic Relations Court is requiring individuals … Read More... “LEGAL ALERT: Ohio Domestic Relations Courts will Reopen Monday, May 4, 2020, in Southwestern Ohio but with Restrictions?”

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