The Legal Distinctions Between “Sole Custody” vs “Shared Parenting”

legalcus.jpgFor many parents contemplating a divorce or dissolution of their marriage, a primary concern is which parent shall have “custody” of the child or children of the marriage.  I shall begin the article by addressing the differences between the two parenting systems in Ohio – “sole custody” and “shared parenting”.

  1. The parents have different names or titles:  In a situation where one parent has “sole custody” of the child/children, that parent is designated as the “residential parent and legal custodian” and the other parent is designated as the “non-residential parent” or the “non-custodial parent”.  In a shared parenting situation both parents have the same title. They are both designated as the “residential parent and legal custodian” of the child or children.  For school district reasons of residency and tuition, one parent’s residence is typically designated as the residence of the child for school district purposes.  The parent whose residence is the residence of the child for school district purposes may have a slight advantage over the other party as he or she has the ability to change residences with the child changing school districts accordingly.  For example, in a “shared parenting” arrangement wherein Mother’s residence is the residence of the
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International Custody Cases In Federal Court Are Complex

custh1.jpgOn July 1, 2009, I received a decision on one of the more interesting cases I have worked on since embarking on my legal career.  The case started out as a custody case in Juvenile Court, but quickly spiraled into a full-scale federal trial; and subsequently, an appeal in the United States Court of Appeals for the Sixth Circuit.  It’s safe to say that this was not your typical custody case.  What made this case different, among other things, was that the family had moved to Ohio from Israel and the mother had returned to Israel.  While in Israel, she decided to pursue custody and filed a Petition for the return of the minor child under the Hague Convention on the Civil Aspects of International Child Abduction, claiming that our client, the child’s father, had kidnapped the child and wrongfully retained him here in the United States instead of allowing him to return to Israel.

The Hague Convention was ratified in 1980 and signed by the United States in 1986.  The primary purpose of the Hague Convention is to protect children from wrongful removal or retention from their nation of habitual residence and to put into place a procedure that … Read More... “International Custody Cases In Federal Court Are Complex”

Ohio Domestic Violence Proceedings – The Survey Says . . .

dv2.jpgThis is a follow-up to my recent article about Ohio Domestic Violence and the impact it can have on individuals. I decided to write this article to help educate the public about Domestic Violence proceedings in Ohio and what people should know when filing a petition or responding to a petition. After conducting an informal survey, I discovered that there are many important issues that people need to consider when dealing with a Petition for Domestic Violence. I have included some of the items that court personnel wished people knew, including information on the Petition, what is relevant in the proceedings, and the impact that a finding of Domestic Violence can have on an individual.

When filing a Petition for Domestic Violence, it is important to be specific. The main reason for this is that the other party has due process rights under the Constitution, and he or she is entitled to adequate notice of the allegations. Most courts will provide a petition form that you would need to complete. When you fill out the form, it will ask you questions about the alleged incident(s). Be sure to list sufficient information to put the other party on notice of what … Read More... “Ohio Domestic Violence Proceedings – The Survey Says . . .”

Mom Loses Custody For Alienating Children From Their Father For Over A Decade

pas_can1.jpgAn Ontario, Canada, Superior Court Judge issued a thorough well-reasoned but very unusual decision on January 16, 2009, changing custody of three (3) girls, ages 15, 11 and 9, from their primary caregiving mother to the father based upon evidence of a long pattern of parental alienation.  In fact, Mother had denied Father, a vascular surgeon, any contact with the girls for about two (2) years before these proceedings.

Judge Faye McWatt not only changed custody to the father, but denied Mother any contact with the girls for at least 90 days.  The Court concluded that Mother had conducted a “consistent and overwhelming campaign for more than a decade to alienate the children from their father”.

The Court was impressed with the testimony from Dr. Barbara Fidler, an expert in the field of parental alienation.  The Court, in its decision, stated:

Dr. Fidler testified that children are more susceptible to alienation in certain age ranges. She explained that from 5 to 8 years of age, children can have shifting allegiances to parents. Once a child’s brain develops to a point where the child can hold both positive and negative information about a parent, though, children can become confused. They begin … Read More... “Mom Loses Custody For Alienating Children From Their Father For Over A Decade”

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”

Divorce And Insurance Policies: What Divorce Attorneys Need To Know To Protect Their Clients

bwilson.jpgYou may not be aware that, years after you have prepared a separation agreement, it may have a direct bearing on whether your clients are covered under their auto or homeowners’ insurance policies in a variety of accident scenarios.

Here’s a typical scenario. Months or years after Mom and Dad are divorced, one of them hands the car keys to “Junior,” who negligently wrecks the car and injures another motorist. One or both parents, thinking that Junior is covered under their auto policy, turn the claim into their insurer, only to be shocked that the insurance company denies the claim.

There are two principal reasons why the claim might be denied: Junior is not a “named insured” or a “resident relative” under the policy. If the denial holds water, Junior and perhaps his parents may be exposed to personal liability, and the distinct prospect of bankruptcy. The question is: Is there anything the divorce attorney can do to ensure or increase the likelihood that minor children will be covered in a future accident under one or both parents’ insurance policies?

This accident scenario has been frequently litigated. Courts examining this issue have focused on what constitutes “residing” with a particular … Read More... “Divorce And Insurance Policies: What Divorce Attorneys Need To Know To Protect Their Clients”

For Your Child’s Sake, Work With Ex-Spouse – Dr. Ramey Doesn’t Mince His Words!

ramey_min.jpgReader’s Question: I have seen my 7-year-old daughter every other weekend since I divorced her mom two years ago. My daughter’s behavior with me is absolutely horrible, to the point where I now dread her coming over. My ex-wife is a real pain and a terrible mother, so I really can’t speak with her about our daughter. Any ideas on what I can do to get my daughter’s behavior under control?

Dr. Ramey’s Answer: Stop whining about your ex-spouse. You can’t solve this problem without talking with your ex-wife. Regardless of whatever may have happened during your marriage and divorce, you need to put the love of your child ahead of your feelings toward your ex-spouse. If your daughter’s mom is unwilling to talk with you directly, ask if she would be willing to go with you to a child therapist to help deal with your daughter’s problems.

These youngsters are among the saddest I treat because most of these problems are caused by selfish and immature parents.

Reprinted by permission from the November 16, 2008, edition of the Dayton Daily News, “For your child’s sake, work with ex-spouse”, Family Wise, Gregory Ramey, PH.D.

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