Robert L. Mues, Author at Ohio Family Law Blog

Another Same-Sex Parenting Rights Issue Upheld by the U.S. Supreme Court

U.S. Supreme Court Upholds Arizona Supreme Court Same-Sex Custody Case Decision

The U.S. Supreme Court declined on February 22, 2018, to hear an appeal of a case where the Arizona Supreme Court found that a lesbian woman should be recognized as the legal parent of the child she and her former wife conceived through artificial insemination during their marriage.

The case, stems from a custody dispute between Kimberly McLaughlin and Suzan McLaughlin. The couple was legally married in California in 2008, and chose to have a child via artificial insemination and an anonymous sperm donor. In 2011, Kimberly gave birth to the couple’s son. Two years later, she left with the child and cut off all communication between Suzan and their son. Upon filing for divorce, Suzan sought parenting time based upon an Arizona law regarding the presumption of parentage. Specifically, the law states that a child born to a woman within 10 months of her marriage is presumed to be biologically related to the father. However, Kimberly claimed that she cannot be required to share custody of her biological child because this presumption clearly states that it only applies when the other spouse is a man.

U.S.

Domestic Violence – Let’s Look at the Local Statistics!

Domestic Violence – No More Silence

The number of reported domestic violence cases has dramatically increased over the years since the domestic violence statute went into effect in Ohio in 1978. These numbers shocked me, even as a Dayton divorce lawyer who entered the practice back in 1978.

Chief Montgomery County Magistrate Keith Hall recently reported the following:

In 1978 there were 35 Civil Domestic Violence Filings
In 1979 there were 50 Civil Domestic Violence Filings
In 2016 there were 1,400 Civil Domestic Violence Filings
In 2017 there were 1,710 Civil Domestic Violence Filings

Believe it or not, this number of Civil Domestic Violence Filings in 2017 EXCEEDED the total number of divorces and dissolutions combined that year!

To try to help put this in context, I interviewed Jane Keiffer, MSW, LISW, the Executive Director of the Artemis Center in Dayton. Ms. Keiffer explained that she did not interpret these numbers to mean necessarily that MORE domestic violence was occurring, but that there was much more awareness in our society. She told me that in addition the #metoo movement “has allowed individuals to speak up when they have been afraid and has given some the courage to acknowledge what they … Read More... “Domestic Violence – Let’s Look at the Local Statistics!”

Blast From The Past: Tips on How to Select a Divorce Lawyer!

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S UPDATE: This is a blast FROM WAY BACK in time! It is a merger and update from a two part series on selecting a divorce lawyer, which we posted on December 20, 2007 and January 2, 2008! The information rings as true now as it did then. We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Key Considerations When Selecting The Right Divorce Or Family Law Lawyer

Selecting the right attorney for a divorce is an extremely important and personal decision. Take the time to properly pick your attorney. The outcome of your family law case will impact your future dramatically!

The following are some key considerations in selecting the “right” divorce lawyer:

Experience

Most attorneys these days have narrowed their practice to one or a few areas of the law. Divorce law is a very specialized field. It is important to find a lawyer that concentrates his or her practice in the particular area of law that you need – whether it’s divorce, child custody, domestic violence or another family law category. An experienced divorce lawyer will understand … Read More... “Blast From The Past: Tips on How to Select a Divorce Lawyer!”

Divorce: New Sesame Street Videos Help Kids Deal with Trauma

For decades, Sesame Street has played on TV’s across the country, teaching children their ABC’s and 123’s, while also broadening their vocabulary, and increasing other academic skills. But now, Sesame Street is focused on another issue: helping children cope with traumatic experiences.

Children and Traumatic Experiences

A study conducted in 2016 found that nearly half of the children in the United States have experienced at least one traumatic or stressful event, including the death of a loved one, abuse, and divorce. The study also found that 1 in 5 of these children has experienced these events on more than one occasion. Click here to read the study.

How Can Sesame Street Help Children With Traumatic Experiences?

Children who experience traumatic experiences are more likely to develop posttraumatic stress disorder, depression, anxiety, panic attacks, and even substance abuse. Early exposure to traumatic events affects the neurodevelopment of a child, which changes the way that they respond to stress and other experiences. According to the Department of Psychiatry at Saint Vincent’s Hospital in New York, “exposure to trauma also affects children’s ability to regulate, identify, and express emotions, and may have a negative effect on the way that a child views … Read More... “Divorce: New Sesame Street Videos Help Kids Deal with Trauma”

Talking to Children about School Violence: Tips for Parents and Teachers

What To Tell Your Kids About The Florida High School Shootings – Tips On School Safety For Children And Resource Links For Violence Prevention

PUBLISHER’S NOTE: Yesterday, February 16th, Psychotherapist Donna F. Ferber entered the world of Facebook with her first Facebook post. The subject was a horribly depressing but a timely one: What to tell your kids about the Florida High School shootings. Donna ALWAYS shares terrific advice in her blog columns. I thank her for sharing this valuable public service by providing a link for both parents and teachers (which was posted in 2016) by the National Association of School Psychologists (NASP).

Here is what Donna concisely posted, “My first post on Facebook. Helpful information in troubling times. I look forward to a time when we don’t need to have these difficult conversations”.

Here is the link she provided as a resource to our teachers and parents:

Talking to Children About Violence: Tips for Parents and Teachers

The information, in my mind, warrants posting it in full. Here it is:

“High profile acts of violence, particularly in schools, can confuse and frighten children who may feel in danger or worry that their friends or … Read More... “Talking to Children about School Violence: Tips for Parents and Teachers”

Blast From The Past: Divorce: 6 Reasons Hiring A Therapist May Help Your Case!

PUBLISHER’S UPDATE: Here is one of my favorite divorce posts from back on December 19th, 2015! The advice rings as true now as it did then…We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Obviously going through an unexpected or difficult divorce can be one of the most stressful experiences in an individual’s life. While many clients can navigate the process unassisted without professional help, others really cannot. Some people think that they can talk with family members or friends to help pull them through. Typically, however, those who are deeply distressed really need professional help by a therapist to guide them through the entire process and transition to their life post-divorce. Many people view having a therapist or counselor as a sign of weakness. It certainly is not. My experience as a divorce attorney for over 35 years is that when the attorney and therapist work together, it can often eliminate years of paralysis for a client.

How Hiring a Therapist Can Have A Profound Effect On The Resolution Of Your Divorce Case

In thinking through this and in preparation of … Read More... “Blast From The Past: Divorce: 6 Reasons Hiring A Therapist May Help Your Case!”

New Year, New Divorce? Things to Consider First!

Experts say that January is the most popular month of the year for couples to file for divorce in Ohio. With the hustle and bustle of the holidays (Thanksgiving and Christmas), it is common for couples to put off their divorce plans until after the first of the year. Even though many couples are struggling with their marriage before the holiday season, they tend to push back getting a divorce in order to make the holidays more enjoyable and memorable for their kids.

According to Cathy Meyer, who founded DivorcedWomenOnline.com and is a certified divorce consultant stated, “Dissatisfied husbands and wives begin searching for information on divorce immediately after the holidays”. She has experienced a huge increase in page views and searches the day after Christmas. People start looking for information before the New Year starts, but they cannot do much until the attorneys are back in the office, making January 12-16 the magic week for filings.

Courtney Stovall, founder of BounceBack.com, says that while it may be important to realize popular times for divorce filings, one should not ignore the heartbreak in the off months. “Statistically, sure several studies have come out that show that January has the … Read More... “New Year, New Divorce? Things to Consider First!”

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