Robert L. Mues, Author at Ohio Family Law Blog

Wondering About Domestic Violence in the Coronavirus (COVID-19) Shelter-in-Place Era?

coronavirus domestic violence artemis center

Dayton’s Artimis Center Ready to Provide Help for Domestic Abuse Survivors Affected by the Coronavirus Stay-At-Home Order

Recently I have read several articles online regarding the effect the various coronavirus shelter-in-place orders are having on domestic violence cases. Some places have seen a spike in those filings/incidents and others have not.

Logically, one might think that the quarantine orders along with the stress and financial hardship of COVID-19 would naturally result in a much higher number of domestic violence incidents. To get a better handle on this situation locally, I reached out to Jane Keiffer, MSW, LISW, and the executive director of the Artemis Center in Dayton.

Interestingly, Ms. Keiffer shared with me that there has not been a spike in calls at Dayton’s Artemis Center since the stay at hone order went into effect on March 15, 2020. She said, “We believe that this is due to the abuser being at home, monitoring the victim, close quarters so calls are not private, phones are being taken away or broken. We do not believe it is because violence is not occurring.” Neither the Dayton Police or Montgomery County Sheriff Departments have seen an increase in domestic violence calls either.… Read More... “Wondering About Domestic Violence in the Coronavirus (COVID-19) Shelter-in-Place Era?”

BEWARE: Cybercriminals are Trying New Scams In this Coronavirus (COVID-19) Era

Coronavirus Pandemic Brings Out Scam Artists Who Prey On People’s $1200 Stimulus Checks

Cybercriminals, slimy marketers and scammers are hard at work during the Coronavirus pandemic. They are hard at work trying to pry on frightened consumers, steal personal information and even blackmail folks. In addition, they are devising ways to try to fraudulently obtain peoples $1200 stimulus checks. We all need to be vigilant and be on “high alert”. “This is a breeding ground for scam artists. It’s kind of the perfect storm with all of the tragedies that we have going on across the country and across the world,” said John North, president and CEO of the Dayton and the Miami Valley.

Fear and confusion surrounding the coronavirus pandemic as well as people’s desire to help others, creates a fertile ground for scammers , said Ohio Attorney General Dave Yost. Yost warns Ohioans to ignore all the online advertisements hawking cures for the coronavirus and emails claiming to be from the Centers for Disease Control and Prevention (CDC) or other expert sources with special advice or information about the coronavirus. To download the Ohio Attorney General’s brochure about consumer scams click here.

COVID-19 Extortion

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?”

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