Virtual Visitation: Part 2 – Legal Aspects

In the second part of a two part series, Attorney Robert Mues looks at the legal aspects of Virtual Visitation.

visit2.jpgOhio Revised Code Section 3109.051(A) provides, in part, that, “Whenever possible, the order or decree permitting the parenting time shall ensure the opportunity for both parents to have frequent and continuing contact with the child, unless frequent and continuing contact by either parent with the child would not be in the best interest of the child.” In 2006, a bill was introduced in the Ohio Senate to allow Juvenile or Domestic Relations Courts to grant a reasonable amount of “electronic communication” between a parent and a child so long as the electronic communication was in the child’s best interest and the equipment was readily available. In Senate Bill 341, electronic communications was defined as “communication facilitated by the use of methods of communication such as the telephone, electronic mail, instant messaging, video conferencing, or other wired or wireless technologies via the internet, or another medium of communication that allows a party who has been granted parenting time, companionship, or visitation rights to communicate with a child during times in which the child is not physically present with the party.” While … Read More... “Virtual Visitation: Part 2 – Legal Aspects”

Virtual Visitation: Part 1 – Utilizing Technology to Supplement Parenting Time

In the first of a two part series, Attorney Robert Mues examines Virtual Visitation and the different options a divorced parent can use to communicate with their children. Part 1 – Utilizing Technology to Supplement Parenting Time.

visit1.jpgNot too long ago, divorced parents had limited communication options to stay in touch with their children.  The old rushed and often dry “phone call approach” was better than nothing but had drawbacks.  There were long distance phone charges and issues with time zones.  New communication options have improved considerably! It is much easier for you to keep in touch with your children after a divorce.  Most of these approaches require both parents to have a computer with broadband connections.  Here are some options to supplement traditional face to face parenting time:

Cell Phones: Many companies are selling cell phones designed specifically for kids which feature built in parental controls to restrict incoming and outgoing calls or text messages.  Check out firefly mobile, LG Migo from Verizon Wireless and Kajeet (), which also includes a GPS phone locator service allowing a parent to find out where the phone is at various times of the day.

Email: Email features have expanded so it’s easy … Read More... “Virtual Visitation: Part 1 – Utilizing Technology to Supplement Parenting Time”

Feeling Guilty About Your Divorce?

guilt.jpgNo doubt, guilt is a big issue for many people going through a divorce.  I came across an interesting article on the subject at Divorce Transitions.  The author has opined that there are two separate stages:

Shock

We tend to think of “shock” as being sudden.  But the dictionary tells us it can be “a disturbance in the equilibrium or permanence of something” or “a sudden or violent mental or emotional disturbance.”  Therapists confirm that shock need not have the suddenness of a lightning bolt.  You may have known for some time that your marriage was in trouble, but the final realization of the loss may still create a sense of shock.

Among the most common symptoms are extreme disorientation, numbness, difficulty with short-term memory, physical distress, and/or confusion.  As part of denial, the divorce-bound person may seek refuge in fantasy.  “He’s going to come in the front door this evening, and everything will be just like its always been.”  There’s comfort in the familiar. Denial provides a necessary buffer zone in which the unconscious prepares itself for the massive change ahead.

Guilt

Although both spouses may experience feelings of guilt, they do so at somewhat different times.  The … Read More... “Feeling Guilty About Your Divorce?”

Ho! Ho! Ho! Holiday Ramblings from the Publisher . . .

I want to wish everyone a most joyous holiday season!

hoho.jpgThis is an appropriate time to reflect upon memories of past Christmas celebrations and traditions. In our family, we were very involved with a Christmas project providing gifts for needy children for many years while our sons were growing up. As a family, we spent countless hours working at the Center. We have tried to instill upon our family the importance of sharing and helping others. It is too easy this time of year to become consumed by all the shopping, decorating, numerous errands and superficial things. Focus can be lost on real matters of consequence, such as the meaning and importance of family. Regardless of one’s religious convictions, this is an excellent time to reflect upon our core values and aspire to do what we each can to make the lives of others around us better, even if it is in some small seemingly insignificant way.

Family issues are obviously important, both personally and professionally. Much of my professional life is spent with clients discussing family and marital issues. In my conferences with clients, I often find that many have obtained bad or erroneous information from family, friends or … Read More... “Ho! Ho! Ho! Holiday Ramblings from the Publisher . . .”

What Is Parental Alienation And Parental Alienation Syndrome?

sep_pt1.jpgSubmitted by Robert L. Mues with legal research and assistance from Aaron Hill, an extern from the University of Dayton School of Law.

There are a number of different factors and circumstances that have an effect on the determination of custody in Ohio. According to O.R.C. §3109.04(F)(1), the court must consider all relevant factors when determining the best interest of the child. One of those relevant factors under Section 3109.04 (F)(1)(I) includes whether either parent has continuously and willfully denied the other parent’s right to parenting time or visitation as ordered by a court. While visitation denials may be relatively easy to prove in court, that alone doesn’t amount to parental alienation. Further, it is not uncommon for some amount of alienation to occur when parents first separate. Usually, the alienation subsides after the parents’ transition through the separation and move on with their lives. In some cases it doesn’t, and instead it continues and escalates to what has become referred to as “Parental Alienation Syndrome”. This disorder was first identified by Richard A. Gardner, a forensic psychiatrist, in the mid-1980s, and defines it as:

A disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is
Read More... “What Is Parental Alienation And Parental Alienation Syndrome?”

Are Parents with ADHD Children at a Higher Risk for Divorce?

adhd.jpgA recent study correlating divorce rates among parents with ADHD children was recently conducted by Brian T. Wymbs and William E. Pelham, Jr., at the University of Buffalo, and published in the October, 2008, issue of the Journal of Consulting and Clinical Psychology. The conclusions included that raising ADHD children can place a strain on any marriage. The results showed that 22.7% of couples with an ADHD child became divorced by the child’s 8th birthday, as contrasted with 12.6% in the control group whose child had not been diagnosed with ADHD. Interestingly, after the child reached the age of 8 years old, there was not a significant statistical difference in the divorce rates between couples with or without an ADHD child. For more information about the study, including the characteristics which may impact the likelihood of a divorce, click here.

Read More... “Are Parents with ADHD Children at a Higher Risk for Divorce?”

The Name Game: Shirley, Shirley bo Birley . . .

sschange.jpgDon’t forget to discuss with your Dayton divorce lawyer before the final hearing if you want to be reinstated to a former name. This is the time to accomplish the name change with ease, and typically, without any additional costs! Procedures vary from court to court whether the name change can be submitted as part of the Final Decree or by way of a separate Court Order. Either way, it is easy, and the wife has the right to decide whether she wants to keep her married surname. No, husbands, you cannot require your ex to relinquish your surname. And wives cannot pick a new surname; they can only be reinstated to a maiden or former name.

If you decide months after the divorce that you want to go back to a former name, it may be too late to have the Domestic Relations Court enter the name change for you. In that event, one would have to file a new action through the Probate Court to accomplish the name change. That Probate action would likely take several months and add filing fees and more costs.

Also remember, if you do change your name, be sure to report the change … Read More... “The Name Game: Shirley, Shirley bo Birley . . .”

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