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”

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”

Blast From The Past: Thanksgiving: What Happens When College Students Return Home For The Holidays?

college students thanksgiving

PUBLISHER’S UPDATE: Here is one of my favorites posts about college students returning home for the holidays from back on November 21st, 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!

Parents and College Students Can Find Ways to Peacefully Coexist During Thanksgiving and the Holidays!

college students thanksgivingCall it a clash of cultures. Thousands of college students will soon travel home for Thanksgiving, in their minds, returning as independent adults, but still children in the eyes of their parents, says Scott Hall, a family studies professor at Ball State.

“When college students return home for their first Thanksgiving after having been away at school, they might feel like they are caught between two worlds: echoes of childhood dependency, and nearby adult-like independence,” Hall says. “It is easy to feel the tugs of long-established patterns of home life once stepping back into the family system only recently left behind. Such patterns (to the college students) suddenly feel threatening to the ‘new me’ that has been emerging at school.”

He says parents might … Read More... “Blast From The Past: Thanksgiving: What Happens When College Students Return Home For The Holidays?”

Blast From The Past: An Overview of Adoptions, Guardianship and Custody Actions in Ohio

adoption custody overview

PUBLISHER’S UPDATE: Here is one of my favorites posts about Adoptions, Guardianship and Custody Actions from back on June 5th, 2021! 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!

Legal Advice is Essential, if contemplating Adoption, Custody or Guardianship Action

The Legal Caregiver Roles in Ohio: Adoption, Custody and Guardianship. Which Role is Right For Me?

adoption custody overviewIt is fundamental to those contemplating a new role of a caregiver of a child to know the rights and restrictions of each of these proceedings in order to best be informed about the legal possibilities and implications.

It is critical to have a committed person/family step in and assume the role of care in the precarious situations children or others needing care are often left in. Being informed is priceless, but obtaining legal advice is essential. Which option or approach is best for your situation may turn on specific facts and the legal jurisdictional requirements. But, here is an overview of the options.

What are the options?

Adoption:

Adoption terminates the legal relationship once held between the biological parent and the child. Anyone looking … Read More... “Blast From The Past: An Overview of Adoptions, Guardianship and Custody Actions in Ohio”

Blast From The Past: What Do I Do if My Ex Refuses to Follow the Terms of Our Final Decree of Divorce?

contempt motion parenting time divorce

PUBLISHER’S NOTE: Here is one of my favorites posts from back on November 12th, 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!

Filing a Contempt Motion Against Your Ex: The Pros and Cons

Your Ex Could be Held in Contempt Motion for Failure to Comply with a Divorce Court Order

contempt motion parenting time divorceDivorce cases can often continue to create headaches for the parties long after the Final Decree of Divorce has been issued. Sorry to perhaps be the bearer of bad news! Some individuals will refuse to follow Court Orders no matter what the issue or how clearly it is stated in the Court Order.

Some Ohio Courts are becoming more sensitive to that reality and are channeling “high conflict” post decree cases to a different docket so that they receive greater attention including scheduling periodic review hearings (especially if the issue pertains to parenting time).

But, let’s go back to the basics first.

WHAT IS A MOTION FOR CONTEMPT?

The Court speaks through its Court Orders and Entrys. For example, … Read More... “Blast From The Past: What Do I Do if My Ex Refuses to Follow the Terms of Our Final Decree of Divorce?”

Blast From The Past: A Post-Divorce Checklist

divorce estate planning social security

PUBLISHER’S UPDATE: Here is one of my favorites posts about moving forward with a post-divorce checklist from back on August 1, 2020! 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!

Move Forward With These Important Transition Tips

divorce estate planning social securitySo you have are about to finish your divorce case. Now what? While there is a lot of information about divorce and the process itself online, there is much less about the “afterlife”. Presumably you have been considering this day for a long time, and have maybe even obtained some psychological counseling/therapy to help with the post-divorce transition.

Here are some suggestions to help you get moving forward in a positive manner and avoid divorce  paralysis that occurs in many cases.

  1. REVIEW ALL YOUR DIVORCE DOCUMENTS – Don’t just throw the divorce decree and orders in a drawer after the case is over never to see the light of day again. Be sure to make a checklist of all loose ends that are mentioned in the Decree that need to be completed and attended to such as filing quit claim deeds, changing titles
Read More... “Blast From The Past: A Post-Divorce Checklist”

Blast From The Past: What is a First Right of Refusal Clause in a Child Custody Case?

first right refusal divorce

PUBLISHER’S UPDATE: Here is one of my favorites posts from back on August 14th, 2021! 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!

Are Clauses Needed In A Child Custody Case? Weighing The Pros And Cons.

first right refusal divorceParenting time is often one of the most important issues in a divorce or custody case. Crafting the agreement allocating parenting time can be difficult. It is impossible to anticipate all the schedule changes that daily life “curve balls” can cause, such as illness, emergencies, and changes in work schedules. One solution to that problem is to incorporate a “First Right of Refusal” into the shared parenting plan or seperation agreement.

WHAT IS A FIRST RIGHT OF REFUSAL CLAUSE?

Typically, this clause requires that one parent must first offer any time he/she can’t accommodate the child during their regular parenting time to the other parent. This “offer” must be made to the other parent BEFORE attempting to make any alternate plans for the child.

For instance, if the parties share the child week on and … Read More... “Blast From The Past: What is a First Right of Refusal Clause in a Child Custody Case?”

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