Shared Parenting: Kentucky Governor Signs New Law, Is Ohio Behind the Times?

How Does The New Shared Parenting Law Signed In Kentucky Impact Ohio?

Shared Parenting law custody divorceKentucky took a step closer on April 12, 2017 to making shared parenting in instances of divorce the norm in the state.  House Bill 492, received unanimous support in both the House and Senate.  The new law was also supported by an overwhelming amount of research showing it is in a child’s best interest to have as close to equal time with both parents in instances of divorce, particularly early on in the process.

“Children are now more likely to see both parents regularly after a divorce, which is a huge win for the children of Kentucky considering research consistently shows shared parenting is in the best interest of children when their parents divorce,” said Matt Hale, Chair of National Parents Organization of Kentucky. “Plus, parents are no longer in the high-conflict winner win all and loser lose all situation”.

The new law amends KRS 403.280, allowing a court to adopt a prior parental temporary custody agreement as the court’s temporary custody order. However, the agreement must be mutually agreed upon while adequately providing for the child’s welfare. The new law also creates a temporary joint … Read More... “Shared Parenting: Kentucky Governor Signs New Law, Is Ohio Behind the Times?”

Gambling: The Consequences Of Financial Misconduct In A Divorce

Overview on Ohio Divorce Law: Gambling as the Basis for Financial Misconduct and Unequal Division of Marital Assets Upon Divorce

Gambling financial misconduct divorceGambling exists in every state (even in Utah and Hawaii where it is illegal), but not everyone gambles the same.  If gambling gets out of control, it becomes a real medical condition. A “Gambling Disorder”, as the affliction is known, affects slightly more than 2 percent  of all U.S. adults. According to the Mayo Clinic, “Gambling can stimulate the brain’s reward system much like drugs such as alcohol can, leading to addiction”. Individually, male gambling addicts typically accumulate an average debt between $55,000 and $90,000.  Female gambling addicts average a $15,000 debt, by one estimate. But as one might expect, most gamblers do not have sufficient resources to pay back what they owe. As a result, gambling addicts develop a high tendency to, suffer from other health issues, lose their jobs, commit crimes, and strain their relationships and marriages. Research indicates that Ohio is tied for 4th of states with the highest percentage of adults with gambling disorders., not surprisingly, as a divorce lawyer, I have seen a significant rise of gambling problems/debts as a primary factor … Read More... “Gambling: The Consequences Of Financial Misconduct In A Divorce”

Estate Planning for Second Marriages

The Need For Proper Estate Planning In Second Marriages

Researched and written by Tammy Chavez, third year law student at the University Of Dayton School Of Law, and a former law Extern for our Firm.

Estate planning Plays A Crucial Role For Second Marriages

estate planning second marriagesNowadays, second marriages are not uncommon. In fact, 40% of all new marriages involve remarriages. Regardless of the reason for remarriage, estate planning is more important than ever for second marriages. Estate planning plays a crucial role for second marriages, in ensuring a person’s assets are distributed according to his/her wishes.

In order to relieve some of the confusion surrounding estate planning with second marriages, I had the opportunity to discuss this confusing topic with Holzfaster, Cecil, McKnight & Mues’ very own specialist in Estate Planning, Trust and Probate Law, Mr. Joseph Balmer.

In interviewing Mr. Balmer, he stated “three things that I always want to look at are: (1) are we looking to take care of the spouse during her lifetime while also preserving assets for the children of a prior marriage? (2) How do we need to title assets to accomplish our objectives? (3) Do we need to consider estate tax … Read More... “Estate Planning for Second Marriages”

In Ohio, Might You Be Liable for the Actions of Your Children? You Might be Surprised!

Parents Could Be Held Liable For Their Child’s Wrongdoing. A Look At 5 Areas Parental Responsibility Laws Regulate In Ohio

Parents Take Note – You Could Be Liable For The Actions of Your Children!

parents liable responsibility law

The answer to that question is “It depends on the facts”.  There are five (5) general areas that parental responsibility laws in Ohio regulate.

  1. PERSONAL INJURY BY ASSAULT: In Ohio, a parent can be sued civilly and held liable for the willful assault of their minor child if the force is likely to produce great bodily harm. This liability does not extend to accidental injuries. The parents liability is limited to $10,000, plus court costs. See O.R.C. Section 3109.09.
  2. PROPERTY DAMAGE & THEFT : A parent (or legal guardian) can be liable, just as in number 1 above, for up to $10,000, plus reimbursement of the claimant’s cost of taking the matter to court, if a minor in the parent’s custody willfully damages property belonging to another. This law focuses on property damage as well as theft. If the judgment arises out of a school incident, the court may by agreement order the parent to perform community service in lieu of making full payment on
… Read More... “In Ohio, Might You Be Liable for the Actions of Your Children? You Might be Surprised!”

Equal Overnight Time With Dad Benefits Children of Divorced Parents

Father-Child Relationship is Strengthened by Equal Overnight Time.

Parents Have Better Relationships With Their Children Under Equal Overnight Time

Equal Overnight TimeCouples with children who end up divorcing know that parenting time is often a source of contention. Historically, mothers were often awarded more time with the children, especially when it came to overnights.

However, new research may make these types of arrangements a thing of the past.

A recent study published in the American Psychological Association Journal Psychology, Public Policy and Law, Vol 23(1), Feb 2017, 68-84.that young children who spend equal overnight time with both divorced parents have better relationships with them in the future. Click here to read the study.

William V. Fabricius and Go Woon Suh surveyed students whose parents divorced or separated before they were 2 years old.

The results showed that the more equal overnight time the child spent with the parent at a young age, the better their relationship was as they got older. Researchers also found that spending the night was especially critical when the child was a toddler, as no number of overnights later-on could compensate for the bond established at this age.

Previous research seemed to indicate that the relationship between the … Read More... “Equal Overnight Time With Dad Benefits Children of Divorced Parents”

Divorce: Tips to Consider About Technology & Social Media

Divorce, Social Media and Technology. A whole new world.

Siri Is Listening! Technology And Social Media Can Impact Your Divorce!

divorce technology social media

In the modern technological era where we are constantly surrounded by social media and 24/7 communication, it should come as no surprise that the technology at your fingertips could have a very real impact on your divorce case.  Our firm has some tips for you to consider if you are contemplating going through a divorce proceedings in this techy society.

Divorce And Technology. Some Important Social Media Tips To Consider

  • First, remember to change passwords to all financial accounts, email accounts, and any other personal accounts that your former spouse should no longer be able to access freely without your permission. Even in the most amicable of divorces one miscommunication can lead to a very ugly court battle. A divorce means a physical and emotional split, so be sure that the separation extends to your technology as well. Change those passwords even if your spouse never had access to them in the first place. Better to be safe than sorry. Keep the new passwords in a location where only you have access.
  • Second, be aware that any conversation you have
… Read More... “Divorce: Tips to Consider About Technology & Social Media”

Dissolution In Ohio: Can Parties Request Conciliation and Mediation Services?

Dissolution In Ohio: The Conciliation Process in Warren and Montgomery County Explained. How A Dissolution Can End Up In Mediation

conciliation dissolution mediation ohioThis was a novel question that was recently asked me by a client a week or so before their scheduled final dissolution hearing. Conciliation proceedings are not all that common even in divorce actions.  I asked my paralegal, Robin Lovins, to investigate the answer for me.  That answer was interesting I thought. Always looking for a new blog article topic, I asked Robin to help incorporate that information into a blog article about dissolution. Here it is:

Section 3117.05 of the Ohio Revised Code states that “Prior to or during pendency of any action for divorce, annulment, or legal separation, one or both spouses may file in the court of common pleas a petition for conciliation…”. The question becomes: Does conciliation apply in dissolution cases? Although it is unusual for parties participating in a dissolution proceeding to request a conciliation through the courts, if a petition is filed, the courts will accept it.

A Dissolution Can End Up In Mediation. The Conciliation Process Differs in Both Warren and Montgomery County

In the Montgomery County Domestic Relations Court, after a Petition … Read More... “Dissolution In Ohio: Can Parties Request Conciliation and Mediation Services?”

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