Custody Issues Archives - Ohio Family Law Blog

Divorce: What is the Purpose of Temporary Orders in an Ohio Divorce?

PUBLISHER’S NOTE: This blog about Ohio Civil Rule 75(N) temporary orders, is as meaningful today as it was when we originally posted it on May 8, 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!

Should I Request Temporary Orders In My Divorce Case? What Are Ohio Civil Rule 75(N) Temporary Orders?

When going through a divorce in Ohio, understanding Ohio Civil Rule 75(N) temporary orders is crucial. It seems there are often questions asked about the issuing of Temporary Orders in Ohio divorces. Ohio Civil Rule 75 (N) outlines the process. (Click here to read Ohio Civil Rule 75 (N)).

Temporary Orders are intended to maintain the status quo regarding finances and the children and their care. Like the name suggests, these are Court Orders intended to remain in effect for a limited amount of time – typically during the pendency of the action or until further Court Order. A Temporary Order may be requested in the Complaint, Answer, Counterclaim, and Financial Affidavit or by separate motion.

Although these orders are “temporary” they are still Orders of the court that … Read More... “Divorce: What is the Purpose of Temporary Orders in an Ohio Divorce?”

Blast From The Past: Child Visitation Exchanges – Tips to Avoid Problems!

PUBLISHERS UPDATE: Here is one of my favorites posts about child visitation exchanges, from back on June 13th, 2020! 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!

Visitation Exchanges. Do this to Avoid Friction with your Ex!

Visitation exchanges and custody exchanges can be uncomfortable and sometimes downright combative depending upon the relationship between the parents. They can also be stressful to your child as well. The overall objective needs to be to keep things civil and reduce friction all the way around.

Here are some common-sense tips of what to do, or not do in visitation exchanges:

Coordinate Drop Off/Pick Up Location: In high conflict cases, the less you have to interact with your Ex the better. One common approach is agreeing upon making the switch at school, a daycare center, babysitters or friend’s house. Other options are at a public place such as a park or restaurant. In extreme situations, some folks will make the exchange outside the local police department. You need to figure a spot that is

Facing a Child Relocation Situation with Your Ex in Ohio?

Navigate Custody Changes: Child Relocation Laws in Ohio Explained

Understanding the Legal Landscape: In-Depth Exploration of Child Relocation Laws and Procedures in Ohio

Society is becoming more mobile all the time. In addition, many people are meeting others from out-of-state via online dating sites. Few cases are higher conflict than one in which a parent wants to move out of the state with the child or children. Your Final Decree of Divorce or Dissolution will have specific relocation language and procedures in it that must be carefully followed. Parents are NOT free to just pick up and move out of state with a child who is subject to a parenting order without certain steps having been taken.

STEPS NEEDED TO BE TAKEN:

If you or you Ex is contemplating a move out of state or far from your present home, be sure to do the following:

Read the specific relocation language in your Decree and Standard Order of Parenting Time that is attached. Courts and cases have very differing language as to those restrictions and triggers. Don’t rely on what a friend or co-worker to explain how it was handled in his or her divorce! THE DECREE LANGUAGE MATTERS!
Decrees

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

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

Ohio 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: An Overview of Adoptions, Guardianship and Custody Actions in Ohio

PUBLISHERS 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?

It 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 is a First Right of Refusal Clause in a Child Custody Case?

PUBLISHERS 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.

Parenting 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?”

Should Ohio Pass a New Law Establishing 50/50 Shared Parenting in Divorce Cases?

Ohio would join only Arkansas and Kentucky as states with a law establishing automatic equal shared parenting time.

Ohio House introduces HB14 to establish automatic 50-50 Child Custody, but is this in the best interest of the child?

A separation or divorce is a highly stressful and emotional experience for everyone involved, but for children, it can often be traumatic. Children are often left feeling shocked, angry, uncertain, or even guilty. These are all totally normal reactions. In response to these natural emotions, one of the best things parents and courts can do throughout divorce proceedings is consider the best interests of their children in regard to custody and residential parenting decisions.

In most jurisdictions, including Ohio, the “best interest” of the child standard is the basis for most custody decisions. The purpose of this standard is to safeguard a child’s mental, emotional, and physical well-being by ensuring the parents can provide the best upbringing for the child. Judges utilize this “best interests” standard when making decisions regarding custody arrangements.

Despite this long-standing best interest of the child standard, the Ohio House has recently introduced HB14 to establish automatic 50-50 child custody from the start of the case. This bill … Read More... “Should Ohio Pass a New Law Establishing 50/50 Shared Parenting in Divorce Cases?”

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