Military: Immigration Citizenship Laws for Family Members

Obama Policy Memo Outlines How Illegal Immigrants Can Obtain ‘legal status’ If They Are Family Members Of A U.S. Military Service Member.

Memo Could Affect 65,000 Military Immigrants

militaryA memo released by the Obama administration outlines how and when the administration can legally permit relatives of U.S. service military members who are here illegally to stay in the country on a “parole in place” status.  This will essentially give illegal immigrants “legal status” as long as they don’t have a criminal record and are family members of a U.S. military service member.  This applies to both current and former U.S. military service member family members.

Before Policy Memorandum PM-602-0091, issued on November 15, 2013, relatives here illegally were still able to remain in the country but were required to apply for “parole in place”.  This was often very confusing and convoluted to military service member family members. Additionally, it was not taken advantage of due to the uncertainty and lack of awareness surrounding the matter.  It is currently estimated that nearly 5% of our active duty military members are currently immigrants meaning this law will affect a significant amount of individuals as there are around 65,000 military immigrants who currently … Read More... “Military: Immigration Citizenship Laws for Family Members”

Custody Case Change – The Requirements

What Legal Requirements Must Be Established For A Custody Case Change In Ohio?

This is a follow-up article to guest contributor Judianne Cochran’s post of March 1, 2014 titled “Custody Issues: Post-Decree Modification in Ohio”.

In that article Judi focused primarily on the importance of hiring a seasoned family law lawyer that frequently litigates post-decree custody matters.  In this article I want to discuss the legal requirements that must be provided to be successful in a change of custody case.

custodyIf you are looking to modify your divorce decree, one of the first major obstacles you will face is determining whether or not you have met the standard for a “change of circumstances” which is required before any modification can occur.  There are a few resources we can look to that provide insight as to what this amounts to, including case law and statutes.

Statute:

Ohio Revised Code Section 3109.04 (E)(1)(a) gives us a quick glimpse and some stern words on what it takes to meet the “change of circumstances” required.

“The court shall not modify a prior decree allocating parental rights and responsibilities for the care of children unless it finds, based on facts that have arisen since … Read More... “Custody Case Change – The Requirements”

Divorce Rates on the Climb as the Economy Recovers

Recent Spike In Divorce Rates Tied To Economy Study Suggests

divorceInterestingly, while the total number of new cases filed in Ohio in 2012 hit a 10-year low, the same cannot be said about divorce actions.  Ohio has seen a recent spike in divorce after a steady decline for the past decade.  To get a better grasp on why this is occurring, we must first look at the statistics of divorce in the Greater Dayton Area and Ohio in general.

In Montgomery County, according to the Ohio Department of Public Health, the 2010 divorce rate was 65.2 per 100 marriages. The 2009 rate was 60 per 100, and the 2008 was 53.5 per 100.

Comparing Montgomery County to the rest of Ohio in 2010, Montgomery County had a rate of nearly 10 marriages per 100 higher that ended in divorce. (Ohio’s 2010 rate was just over 50 per 100).

A recent divorce study found that nationwide, divorces often increase with the economy.  Meaning the better the economy the more divorces we see.  This is often associated with the expenses that a divorce can cost, illustrating that couples often hold on through a rough financial time until they’re able to split.  … Read More... “Divorce Rates on the Climb as the Economy Recovers”

Divorce Matters in Ohio: Limited Representation

Hire A Divorce Attorney Or Save Money With Limited Representation?

divorce limited representationWhen married couples decide on a divorce, a number of things can happen.  When one party decides to file for the divorce, they can either attempt the divorce pro se (without a lawyer) or hire an attorney. There is another option.

The middle ground occurs when firms and divorce attorneys offer “unbundled legal services.”  This is also called “limited scope representation” and occurs when a divorce attorney or firm reviews or creates the documents, and informs the pro se filer when and where to file, but does not offer any other legal advice.   Essentially sending you on your way with a “complete” divorce packet.

After the documents are prepared, the divorce can continue without attorney representation.

Limited representation arrangements are relatively new in Ohio.  While designed to help consumers with “low cost” representation options in simple divorces cases, they can also create a quagmire between the Ohio Rules of Professional Conduct and a lawyer’s duty to represent their client to their fullest ability.  According to the ORPC 1.2, an attorney and client may limit the scope of the attorney’s representation given that the limitations are “reasonable.”

The “reasonableness” factor … Read More... “Divorce Matters in Ohio: Limited Representation”

Paternity Establishment in Ohio – Parenthood Outside Of Marriage

Acknowledgment Of Paternity Is A Legal Commitment To Parenthood

paternityBirth of a child.

When a child is born, a few things happen that determine parenthood.  Obviously, the mother is known instantly.  After the birth, the natural mother and alleged father sign an “acknowledgment of paternity affidavit” at the hospital or a local child support enforcement agency.  The execution of it is notarized.

After the acknowledgment of paternity affidavit is signed and notarized, it is sent to the office of child support.  Once the office receives this paternity document, it must send it out after no later than ten (10) days to be corrected by the parents.  After all these paternity documents have been completed correctly, the department will enter the information into the birth registry, officially cementing the natural mother and alleged father as the parents of the child.

Oh No! You’re not the father, what now?

What if, following the filing and registering of the birth information listing you as the father, you discover that you’re not the father?

The Ohio Revised Code lists specific circumstances that must occur in order for you to rescind your acknowledgment of parenthood.  These circumstances are as follows…

  1. Not later than SIXTY days
… Read More... “Paternity Establishment in Ohio – Parenthood Outside Of Marriage”

Name Change For Child – Disputes Between Unmarried Parents

General Factors Ohio Courts Consider When Unmarried Parents Clash Over A Child’s Name Change

name changeThe process of changing your child’s last name (name change) can be quite involved. If there is a dispute between unmarried parents as to their child’s surname, there are some general name change factors that Courts in Ohio consider.

Changing the Name of a Juvenile Child

Bobo v. Jewell, the court described their review process for determining the surname of a child born to unmarried parents.  The elements to be considered in a name change were:

  1. Length of time that the child has used a surname;
  2. The effect of a name change on the father-child relationship and on the mother-child relationship;
  3. The identification of the child as part of a family unit;
  4. The embarrassment, discomfort or inconvenience that may result when a child bears a surname different from the custodial parents;
  5. The preference of the child if the child is of an age and maturity to express a meaningful preference; and,
  6. Any other factor relevant to the child’s best interest. Courts should consider only those factors present in the particular circumstances of each case.

Timothy Bobo and Christina Jewell had a child while unmarried.  Their … Read More... “Name Change For Child – Disputes Between Unmarried Parents”

Engagement Ring Blues

Who Keeps the Bling After a Break-up? Engagement ring ownership is defined under Ohio law.

engagement ringAt 18 years old, Johnny and Patty are in love.  Johnny has been dating Patty for almost 4 years.  Upon graduating high school, both decide to attend a four-year college in Dayton, Ohio.  Johnny and Patty decide to take all the same classes and spend nearly every waking minute with each other.  The summer prior to moving, Johnny approaches Patty’s parents and asks if he can propose.  Patty’s parents grant permission, believing the two to be inseparable.   Johnny, who recently fell into some money from an inheritance, decides to purchase a $25,000 dollar, (3-carat) solitaire ring.  He absolutely loves the ring, and upon asking Patty to marry him, she immediately accepts.  Three weeks into the engagement, Patty and Johnny have a severe argument about their hometown sports team and, believing their differences to be too severe, decide to call off the engagement.   Patty tells Johnny she doesn’t plan on returning the engagement ring and is hoping to sell the ring and pay for a semester of college tuition.  Johnny runs home and   tells his mother, who is an outstanding divorce and property lawyer in the … Read More... “Engagement Ring Blues”

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