Blast From The Past Archives - Page 9 of 10

Blast From The Past: In Camera Interview of Children in Divorce Court

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S NOTE: “Here is a good article on in camera interview by Attorney Anne Shale from 2008. Nothing has really changed in 10 years about this interview process for the Court to obtain insights about the child’s wishes in a contested custody or parenting time case. All this is geared towards figuring the “best interest” of the child.”

Should You Let Your Child Participate In An In Camera Interview?

What is an in camera interview?

The phrase “in camera” is a Latin term defined in Black’s Law Dictionary as: “In chambers; in private.” The interview does not involve a camera or a videotape at all! If a party is asking for the Court to have an in camera interview of a minor child, the request is for the Judge or Magistrate to interview the minor child privately with neither parent or his/her attorney being present. An Appellate Court in Michigan said it very well years ago . . .

“A child custody determination is much more difficult and subtle than an arithmetical computation of factors. It is one of the most demanding undertakings of a trial judge, one in which he must not only listen to what is said

Blast From The Past: The Role and Functions of a Guardian ad Litem in the State of Ohio

What exactly is the role of a Guardian ad Litem In the State Of Ohio?

PUBLISHER’S NOTE: “Over the years this GAL post has received a lot of interest. Confusion is commonplace for parents about the purpose of a Guardian ad Litem and how the process works. Let us know if you have any GAL issues in Dayton or Southwest Ohio.”

What is a Guardian ad Litem?

A Guardian ad Litem (“GAL”) is usually a lawyer appointed by the Court to appear in a lawsuit on behalf of an incompetent or minor party. In Juvenile Court cases and Domestic Relations cases, the Guardian ad Litem is appointed on behalf of a minor child or minor children in custody, visitation, and/or other disputed child-related issues.

What does the Guardian ad Litem do?

The Guardian ad Litem is appointed by the Court to undertake an investigation of custody issues, visitation issues, and other parenting issues before the Court. The Guardian ad Litem is expected to meet with each parent individually and to meet with each parent and the child or children to be able to observe the interaction between each parent and the child or children. The Guardian ad Litem is also … Read More... “Blast From The Past: The Role and Functions of a Guardian ad Litem in the State of Ohio”

Blast From The Past: Shared Parenting Misconceptions in Ohio

PUBLISHER’S COMMENT: “Confusion still continues about the distinctions between sole custody and shared parenting. An initial consultation typically includes a discussion of this topic if the couple has kids. While shared parenting makes sense in many cases, it sure doesn’t if there has been domestic violence or the parties can’t communicate effectively.”

Previously my colleague, Anne Shale, posted a very informative article laying out the legal distinctions between sole legal custody and shared parenting in Ohio. Here is the link to her article. Even though it was posted 3 years ago, the information is still correct. Nonetheless, I think it would be helpful to expand, clarify and shoot down several shared parenting myths.

Shared parenting requires an equal parenting time allocation.

Not true. The hallmark of shared parenting is that both mother and father stand on the same legal footing with respect to custody. Each are equal legal custodians of their child(ren). Customarily, there is a provision in the plan that specifies whether mother or father’s city of residence is designated for schooling purposes. But this designation does not carry with it any greater custodial rights. Under a shared parenting arrangement, the actual parenting time allocation can vary anywhere from … Read More... “Blast From The Past: Shared Parenting Misconceptions in Ohio”

Blast From The Past: Why One Should Not Postpone Post-Divorce Estate Planning

Post-Divorce Estate Planning Should Not Be Postponed

PUBLISHERS NOTE: Nine years ago we posted this article to the Ohio Family Law Blog. It has been a popular one and has stood the test of time. For more information, Attorney Joseph E. Balmer’s free Ebook “The Four Basics of Ohio Estate Planning” is available to download on our website here.

Many individuals first think about estate planning when they get married. They realize that, at a minimum, they should have a will, general power of attorney and power of attorney for health care. They may later amend these documents due to life changes or changes in their financial position. However, one might be surprised to know that a recent survey by PNC Wealth Management disclosed that 30% of adults with financial assets of $500,000 or more did not have a will! A recent Harris Interactive survey of the general population found that 58% of all adults had no will. One might be even more surprised that if he or she had a will and became divorced, he or she may be no better off than if he or she had no will.

Fortunately, under Ohio law, if one is divorced, … Read More... “Blast From The Past: Why One Should Not Postpone Post-Divorce Estate Planning”

Blast From The Past: Tips on How to Select a Divorce Lawyer!

PUBLISHER’S UPDATE: This is a blast FROM WAY BACK in time! It is a merger and update from a two part series on selecting a divorce lawyer, which we posted on December 20, 2007 and January 2, 2008! The information 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!

Key Considerations When Selecting The Right Divorce Or Family Law Lawyer

Selecting the right attorney for a divorce is an extremely important and personal decision. Take the time to properly pick your attorney. The outcome of your family law case will impact your future dramatically!

The following are some key considerations in selecting the “right” divorce lawyer:

Experience

Most attorneys these days have narrowed their practice to one or a few areas of the law. Divorce law is a very specialized field. It is important to find a lawyer that concentrates his or her practice in the particular area of law that you need – whether it’s divorce, child custody, domestic violence or another family law category. An experienced divorce lawyer will understand … Read More... “Blast From The Past: Tips on How to Select a Divorce Lawyer!”

Blast From The Past: Divorce: 6 Reasons Hiring A Therapist May Help Your Case!

PUBLISHER’S UPDATE: Here is one of my favorite divorce posts from back on December 19th, 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!

Obviously going through an unexpected or difficult divorce can be one of the most stressful experiences in an individual’s life. While many clients can navigate the process unassisted without professional help, others really cannot. Some people think that they can talk with family members or friends to help pull them through. Typically, however, those who are deeply distressed really need professional help by a therapist to guide them through the entire process and transition to their life post-divorce. Many people view having a therapist or counselor as a sign of weakness. It certainly is not. My experience as a divorce attorney for over 35 years is that when the attorney and therapist work together, it can often eliminate years of paralysis for a client.

How Hiring a Therapist Can Have A Profound Effect On The Resolution Of Your Divorce Case

In thinking through this and in preparation of … Read More... “Blast From The Past: Divorce: 6 Reasons Hiring A Therapist May Help Your Case!”

Blast From The Past: Strategies to Make Your Christmas Less Stressful

Publisher’s Comment: This “Blast from the Past” comes from Psychotherapist Donna F. Ferber. She was kind enough to share this article with us 8 years ago. Excellent advice then and now from Donna!

If this is your first Christmas since the separation and divorce, the anticipation can fill you with sadness and trepidation. Here are some solid, easy tips to help make the holidays less painful and hopefully, maybe, even (surprisingly!) enjoyable!

Let go of traditions that no longer work for you. This is an opportunity to re-invent your holidays. Keep the traditions that you enjoy and get rid of the ones that you don’t. No one expects you to be on your best behavior during this time, so you can probably pull it off without anyone getting too upset.

Stick to your regular routine as closely as possible. Sleep, exercise, eat well and don’t skip those therapy appointments.

Don’t use money, alcohol, food, or sex to deal with pain and sadness. These indulgences will leave you poor, hung over, fat, and guilty on December 26th.

Don’t be afraid to do something different. Go away or stay home, but take a risk to use the holidays to try something … Read More... “Blast From The Past: Strategies to Make Your Christmas Less Stressful”

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