Robert L. Mues, Author at Ohio Family Law Blog

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?

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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

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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?”

Keep Your 2019 Calendar if You Might be Divorcing…

Can A Past Calendar Of Daily Events Make All The Difference In Divorce Cases?

Don’t Throw Away Calendar From The Past. Document Of Events Can Be Important In Divorce And Custody Issues

It’s a new year. Out with the old and in with the new! The New Year’s Eve party blowers and hats are put away and you are ready to start a fresh new year. Getting organized is a priority for many. If you are like me you have had your calendar for the upcoming year purchased in November and have been diligently recording doctors appointments as well as other upcoming events.

So, it just makes sense to throw away that calendar from the past year. But wait! If you are in the midst of a divorce, or even contemplating if that’s a road you are going to take, getting rid of the previous calendar is a huge mistake. After all it is basically a documented story of your and your family’s daily life.

In a divorce proceeding, especially if there may be custody issues, you will be asked to reproduce your children’s past events, such as health history, sports events, other activities they are involved in, as … Read More... “Keep Your 2019 Calendar if You Might be Divorcing…”

Are You and Your Spouse Continually Fighting Over Money?

financial counseling financial therapy money issues

Financial Counseling Could Save Your Marriage

Fighting Over Money Issues Can Lead To Divorce According To Studies. Is Financial Counseling The Answer?

Many couples tend to argue and fight over money and other financial issues. According to many studies, fighting over money issues is one of the top 3 reasons couples end up divorcing. Those arguments can be about a myriad of “money” issues including:

Spending and Savings habits
Whose money is Whose?
Who is in Control?
The Value of Budgeting
Past, Present and Future Debts

Financial Counseling To The Rescue?

As a lawyer primarily focusing on divorce work for over 40 years, I can tell you that I see the “marriage casualties” everyday which excessive debt accumulation and living over one’s means can cause. Research from TD Ameritrade shows that people would rather discuss sex, politics (and about everything else), before money and financial issues. Even when the couples have gone through pre-marriage counseling, money issues can swamp the parties often causing divorce. So, what do you do if you find yourself in this situation?

Recently, I have noticed a fairly new trend to offer folks financial therapy or counseling. Have you heard of the Financial Therapy Association (FTA)? … Read More... “Are You and Your Spouse Continually Fighting Over Money?”

Tips on Planning a Vacation with the Kids Post-Divorce

Tricks And Tips To Make Vacation Time With The Kids Fun Post-Divorce

The ink is dry on the papers, and you are officially divorced! Time to take a vacation with the kids, but this is your first time traveling solo with the kids. It can be a little intimidating, but it doesn’t need to be. There are tricks and tips to make sure it is a fun and memorable time for all.

If you are leery of going it alone with the kids, consider asking another adult to accompany you. Perhaps a grandparent or aunt or uncle might be happy to go along. They might be happy to spend some time with your children, perhaps giving you a respite to enjoy a shopping trip or perhaps a museum or something which might not appeal to your kids.

Destination For A Vacation

As they say in real estate, location, location, location. The same applies to picking a destination for a vacation. You need to select a destination according to the ages of your children. Smaller children tend to enjoy staying in one place and are content to play in the sand. So booking a condo or hotel at … Read More... “Tips on Planning a Vacation with the Kids Post-Divorce”

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