Blast From The Past: An Overview of Child Custody Proceedings in Ohio

custody domestic relations

PUBLISHER’S NOTE –  I emailed this blog from August of 2021 to a possible new client this week. Custody cases are typically complex and very fact sensitive. But here are the basics. The information in it is still correct, but the new term for “visitation” is “parenting time”. Try the search bar above to focus in on a huge variety of articles we have published since 2007!

Understanding the Intricacies of Ohio’s Child Custody Laws

child custody domestic relationsOhio law is gender neutral in custody determinations – meaning there is no preference towards the mother or father being granted custody. In divorce court, “shared parenting” between the mother and father is generally the preferred parenting arrangement instead of sole custody to one parent. If a parent is awarded sole custody, they have the decision-making rights over where a child will attend school and major legal or medical decisions on their behalf. However, that is not always the case and the “best interest” test is employed to determine the best interest of the child.

A court takes into consideration numerous factors such as: the mental and physical health of both parents, any history of domestic violence, child abuse or neglect, and parents’ … Read More... “Blast From The Past: An Overview of Child Custody Proceedings in Ohio”

Here are Some Recent Divorce Statistics that Might Surprise You!

divorce rate statistics

Divorce rate statistics…why do marriages fail?

Divorce rate Statistics in the United States, what do they tell us and what are The Most Common Reasons for Divorce?

Divorce rate StatisticsIf you have read many of my blogs which I have posted here over the last 16 years, you will know that I enjoy divorce and family law statistics. In fact, my wife says that I am a “stat junkie”. She might be right!

I came across an excellent Forbes article from August that is filled with current interesting divorce statistics, even including footnotes citing the authority. Click here to read it. Here are some of the many included that I found most interesting!

Number of Divorces Versus the Number of Marriages.

In 2021, a total of 689,308 divorces occurred in the 45 reporting states. While not apples to apples, during the same year there were 1.985,072 marriages. Clearly far more individuals get married than divorced.

When do Couples Typically Divorce?

Marriages that fail typically last about 8 years.

Has the Marriage and the Divorce Rate Dropped Since 2000?

Yes. They both have. The marriage rate has declined, dropping from 8.2 per population in 2000 to 6.00 per population in 2021. … Read More... “Here are Some Recent Divorce Statistics that Might Surprise You!”

Negotiating Pre-Nuptial Agreements is Becoming Commonplace for Millennials

pre-nuptial agreements divorce millennials

PUBLISHER’S NOTE: While this blog addresses Pre-nuptial Agreements, the same rational equally applies to millennials executing Post-Nuptial Agreements. On March 23, 2023, Ohio adopted legislation allowing married couples to now negotiate and execute Post-Nuptial Agreements after marriage. The 2 nuptial agreements are very similar. I have posted several articles on the Ohio Family Law Blog about Post-Nuptial agreements since that law was adopted. Use my SEARCH tool above to find them!

With the increase in student loans and previous debts, millennials are looking to ensure that they are not responsible for debts incurred by their spouse should the union dissolve

pre-nuptial agreements divorce millennialsBaby boomers, and many generations before, used to dream about finding the right one, getting married and living happily ever after, never giving any thoughts about what happens if things didn’t go right. Pre-nuptial agreements were just a thing for movie stars and rich people or stereotypically, men who were financially wealthy and wanted to protect their wealth from a potentially “gold digging” wife. It used to be that pre-nuptial agreements were frowned upon. They seemed to be sending a message that you weren’t serious about the responsibilities of getting married.

However, times have changed. The millennials have … Read More... “Negotiating Pre-Nuptial Agreements is Becoming Commonplace for Millennials”

How to Cope with Valentine’s Day for the Newly Divorced. Who Really Needs Cupid Anyway?

valentine's day divorce

Be kind to yourself this Valentine’s Day!

PUBLISHERS NOTE:

It has been a long time since I wrote a blog about dealing with Valentine’s Day for the newly divorced. Actually, it has been 15 years ago! I pulled that old article up. The advice in it still rings true today. I offered 8 suggestions then. Today, I am reposting it after tweaking it some and adding 3 more tips. Hopefully, a suggestion or two might turn out to be helpful!

Divorced and No Valentine? Here are some Valentine’s Day Tips To Make Your Day Enjoyable

valentine's day divorceValentine’s Day is the start of the busy season for Dayton divorce lawyers. Many couples wait until after the holidays and it gives them time to file their taxes “jointly” and receive a larger refund. It also can be a reckoning day when people decide that they deserve better.

While romance abounds with cupid’s magic for some, it also can be a difficult time for many divorced individuals who don’t have a valentine to share it with.

Here are some tips from Jennifer McCarron and Eugene Kayser, licensed family therapists from Abington, Pennsylvania:

  1. Ignore the holiday. Think about Valentine’s Day like a holiday for a
… Read More... “How to Cope with Valentine’s Day for the Newly Divorced. Who Really Needs Cupid Anyway?”

Can I Just Notify My Spouse on Facebook That I am Divorcing Him to Start the Divorce Process?

service of process montgomery county divorce

Help! I Can’t Contact My Spouse To Serve Divorce Documents! Can I Use Facebook As A Service of Process Instead?

service of process montgomery county divorceAre you filing for divorce? How exactly do you let your spouse know? The answer is by service of process! Service of process is when you file official court documents and notify your spouse with them. Service of Process arises from the United States Constitution. Specifically the Due Process language in the Constitution doesn’t allow, “personal jurisdiction over a defendant unless the defendant has proper notice of the court’s proceedings.” This essentially means that the defendant will have to be properly served with the court documents.

These court documents include the Complaint for Divorce, Court Summons and associated pleadings (Financial Affidavit, Parenting Proceeding Affidavit, Family Questionnaire, complaint for Divorce and Title IV-D Application for Child Support Services). Nevertheless, there are specific court rules around this crucial step, and they can vary on where you file for divorce. However, the rules that govern service of process can vary by jurisdiction meaning state or county rules.

The Local Montgomery County Domestic Relation’s Court rules are supplemented by Ohio Civil Rules of Procedure, allowing for multiple methods of service

… Read More... “Can I Just Notify My Spouse on Facebook That I am Divorcing Him to Start the Divorce Process?”

Blast From The Past: New Year Resolutions for Those Going Through a Divorce

Blast From The Past: New Year Resolutions for Those Going Through a Divorce

PUBLISHER’S UPDATE: Here is one of my favorites posts from back on January 15th, 2022! 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!

Making a Resolution can help you focus after Divorce

Going Through a Divorce in the New Year? Make a Resolution to Help you through the Adjustment!

make resolution new year going through divorceAs we embrace the new year, changes are inevitable. Especially if you are going through a separation or divorce. For you this might be a time of loss and sadness. Also think of it as a time of the hope for a brighter, happier future. The key is in the mindset about how to act and think differently in the new year.

Typically, people make promises to exercise more, or eat a healthier way, or perhaps lose weight. Often these goals are made with good intentions and start off strong, but within a month or so are forgotten. It might be more meaningful and helpful, especially for someone going through divorce to focus on a philosophical position, and to … Read More... “Blast From The Past: New Year Resolutions for Those Going Through a Divorce”

LEGAL DEVELOPMENT: OHIO’S SOCIAL MEDIA PARENTAL NOTIFICATION ACT HALTED

Ohio Social Media Parental Notification Act

Temporarary Restraining Order Halts Ohio Social Media Parental Notification Act. What Happens Now?

Ohio Social Media Parental Notification ActPer the blog post published on January 6th, 2024 the Ohio Social Media Parental Notification Act was supposed  to go into effect on January 15, 2024. However, on Tuesday, January 9th, a temporary restraining order was granted out of the United States District Court for the Southern District of Ohio.

The Ohio Social Media Parental Notification Act  requires parents of children under 16 to give consent for their child to use social media sites such as TikTok, Instagram, Snapchat, and Facebook. Additionally, the law would require social media sites to comply with this law or face civil penalties. To read more on the Act visit our blog post here

Issues with the Ohio Social Media Parental Notification Act arise from what a “social media operator” is actually defined to be. NetChoice, a tech trade association challenged the law stating that it violated free speech principles because there is no notice as to the specific sites that will be impacted by this law.

A violation of free speech?

The Chief United States District Judge Algenon L. Marbley wrote that NetChoice had legal standing and that, “if … Read More... “LEGAL DEVELOPMENT: OHIO’S SOCIAL MEDIA PARENTAL NOTIFICATION ACT HALTED”

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