Robert L. Mues, Author at Ohio Family Law Blog

My Ex Won’t Let Me Have My Kids Because of the Coronavirus. What Can I do?

coronavirus parenting time divorce essential travel

Is Parental Time Affected By The Coronavirus Essential Travel Order In Ohio?

I have been practicing family law and divorce in Ohio for over 40 years. Coronavirus is a novel situation, but I will do my best to share some insights into this topic. The COVID-19 situation is a very fluid situation. In addition, each case and the analysis would be dependent on the facts of the specific case as well as the Court and Judge.

Pursuant to both of the Ohio’s Stay at Home Orders, travel has been reduced to only essential travel. Under these Orders, essential travel is defined based on specified travel purpose, including “travel required by law enforcement or court order, including to transport children pursuant to a custody agreement.” Individuals falling under any of the essential travel purposes must still “comply with all Social Distancing Requirements.” (See, Section 12 (e) of the Ohio Order of April 2, 2020). So, to be clear, Court Ordered parenting time is NOT altered by the shelter-in-place Orders.

Although many Courts are presently working with limited staff, that is not the case in the Montgomery County, Ohio Domestic Relations Court. Many motions have been filed dealing with … Read More... “My Ex Won’t Let Me Have My Kids Because of the Coronavirus. What Can I do?”

Parenting Issues and Tips in the Age of the Coronavirus (COVID-19)

How Does The Coronavirus (COVID-19) Affect Divorce And Domestic Relations In Ohio Courts?

Ohio is under a state of emergency declared by Governor DeWine. Life will be very different for all of us for the foreseeable future. The ramifications of the viral nightmare are significant and changing by the hour. Not only do we need to practice social distancing but schools are closed – jobs and business are changing and many being lost.

While not trying to be glum, there are huge consequences for divorced individuals with shared parenting or other parenting schedules. In addition, divorce courts now generally have skeleton staffing in place and are only holding only emergency type hearings/trials such as on Domestic Protection Order matters. Further, there is really no caselaw or precedent that Judges and lawyers can cite that is instructive as to how Court’s will likely deal with Coronavirus related parenting disputes.

3 PARENTING TIPS DURING THE CORONAVIRUS PANDEMIC:

Communicate More with Your Ex-Spouse: No matter how cordial your communications have been with your Ex, now is the time that you BOTH need to improve them and minimize any squabbling. Remember that the most important priority is focusing on maintaining your health and

Tips for Divorce Lawyers Dealing with Grey Divorce Matters

Grey Divorce Matters

How Should Divorce Lawyers Tackle Grey Divorce?

More and more couples over age 50 are divorcing these days. Today about one in four people are going through “grey divorces.” I have witnessed this trend expand exponentially over the last 30 plus years.

Assisting divorce clients who are over 50 has some unique challenges. It seems that in the majority of these cases one spouse perceives the divorce request as coming out of “left field”. Most are long term marriages and most often it is the wife who decides she wants out. I have written about this topic previously. Click here to read a blog article I wrote in 2010 with psychotherapist Donna Ferber LPC. LADC, “Sudden Divorce Syndrome: Reality or Myth?” This 9-year-old post is worth rereading today because it sheds light on some of the challenges individuals over age 50 face post-divorce.

Divorce can certainly be difficult for individuals of any age. However, it can be especially paralyzing to those divorcing in later life. An interesting study abstract has been published in June 2019 in The Journal of Health and Social Behavior titled “Depressive Symptoms Following Later-Life Marital Dissolution and Subsequent Repartnering.” Click here to access … Read More... “Tips for Divorce Lawyers Dealing with Grey Divorce Matters”

LEGAL ALERT: Can your failure to pay child support impact your right to withhold consent for the adoption of your child in Ohio?

Ohio Courts Rule On Adoption Case Involving Consent And Child Support

On February 26, 2020, the Ohio Supreme Court came out with the decision, In re Adoption of A.C.B., Slip Opinion No. 2020-Ohio-629, where the Court held a non-custodial parent’s consent to the adoption of his child is not required when the parent failed, without justifiable cause, to comply with the child support obligations of a judicial decree.

What happened in the case with child support?

A.C.B.’s parents’ settlement (separation) agreement awarded sole custody to A.C.B.’s mother and ordered the father to pay $85 per week in child support. After leaving the United States to return to Kosovo, the father made sporadic child-support payments that diminished over time.

Two years later, A.C.B.’s mother reached out to the father, asking for his consent for her new husband (“stepfather”) to adopt A.C.B., but the father refused. A couple years later, the stepfather filed a petition to adopt A.C.B., arguing that the father’s consent was not required because the father failed to provide support as required by the judicial decree for the year prior to adoption petition.

The probate court held a hearing where it determined that the father … Read More... “LEGAL ALERT: Can your failure to pay child support impact your right to withhold consent for the adoption of your child in Ohio?”

How Does a Trial Separation Work?

trial separation legal separations counseling experienced divorce lawyer

Trial Separation In Ohio Explained. Seek Experienced Divorce Lawyer For Input And Counseling Tips

Several weeks ago, I explained the characteristics of what a legal separation is in Ohio. Click here to read that post. Today, I will share some of my thoughts about a “trial separation” – which is an informal agreement for 2 people to live apart. Essentially, it is an experiment in living apart. During this time the parties of course remain married, but live apart. A party may move back home, in with a friend, or rent an apartment.

This arrangement is typically done for one or both parties to have space apart to evaluate their feelings towards each other, their long term goals and overall compatibility. In addition, many parties may choose to separate before filing for a legal separation or a divorce. Some parties agree up front to a time period for the separation, while others don’t. I have seen trial separations that last from hours to ones that last for years.

Can Trial Separations Involve A Court Order?

Trial separations typically do not involve a Court Order. A written separation agreement is not mandated under Ohio law but having one may be smart. … Read More... “How Does a Trial Separation Work?”

Increase in Domestic Violence Filings in Montgomery County in 2019

domestic violence civil protection order montgomery county

Call The Police First When Facing Domestic Violence Issues?

In the last 4 years in Montgomery County the Montgomery County Domestic Relations Court has cited that they have seen a 40 percent increase in the number of civil protection orders. Anyone, man or woman, can go to court and ask for a civil protection order from another individual, if they feel threatened or endangered by that individual. There is not a fee involved to file the order, and the person filing can get a hearing immediately. The purpose of the order is to forbid the threatening party from contacting or going near the individual who feels endangered.

Of course there is no guarantee that the civil protection order will keep an individual safe from further harassment or even violence. The Montgomery County Relations Court is finding that issuing protection orders is consuming greater than half of the entire caseload. Chief Judge Denise Cross believes that in many cases the protection order serves it’s purpose and as a result the abuser does leave the victim alone. Judge Cross says that the first step for anyone who feels concerned for their safety is to call the police for help, and then go … Read More... “Increase in Domestic Violence Filings in Montgomery County in 2019”

Legal Separation in Ohio: What Does it Legally Mean?

Everything You Need To Know About Legal Separation In Ohio [But Were Afraid To Ask!]

Ending a relationship can be frustrating. Likewise, understanding the process involved can be confusing. In Ohio, there are only three ways legally to terminate a marriage: divorce, dissolution, and annulment. While those three ways are the only methods to terminate a marriage legally, a couple can also seek what is known as a “legal separation.”

What is a legal separation?

Black’s Law Dictionary defines separation as “an arrangement whereby a husband and wife live apart from each other while remaining married, either by mutual consent (often in a written agreement) or by judicial decree.” A legal separation involves a court order where the spouses remain married but live separately. The court order allows the court to issue orders concerning division of property, spousal support, and visitation and custody when there are minor children involved. With a legal separation, unlike a divorce or dissolution, the marriage is still intact.

How do I get a legal separation?

A common misunderstanding is that individuals can simply declare they are separated and do not need to file anything in court when they wish to pursue a … Read More... “Legal Separation in Ohio: What Does it Legally Mean?”

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