Custody Issues Archives - Page 2 of 11

Divorce: Child Custody Evaluations in Ohio

Ohio Child Custody Evaluation – Supreme Court Approves New Rule

Child Custody Evaluations: Ohio Moves to Standardize Qualifications For Mental Health Professionals and Courts

The positives versus the negatives of Court ordered child custody evaluations in a divorce is still subject to debate. I posted a blog article about this controversy on January 7, 2017. Click here to read it. The same opposite positions exist today, 6 years later.

As a seasoned divorce litigator, I will share that in my opinion they can be very helpful in settlement negotiations and ultimately as evidence if custody is litigated at trial. The biggest logistical problem is finding experienced psychologists willing to perform them. That is certainly true, at least in the Dayton area anyway. There are individuals conducting them in the larger cities like Columbus and Cincinnati. This is the subject of frequent frustration of family law and divorce lawyers in Dayton wanting to move forward with this type of evaluation.

WHAT IS THE DIFFERENCE BETWEEN A GUARDIAN AD LITEM INVESTIGATION AND A CHILD CUSTODY EVALUATION?

Here are the links to three past blog articles that we have posted about GAL investigations:

Click here to read about the Updated Guardian Ad Litem … Read More... “Divorce: Child Custody Evaluations in Ohio”

Ignoring Parenting Time Orders Can Result in a Change in Custody!

Battle Between Parents in Steele Case Results in Custody Change in Favor of Father

The Steele case is the conclusion of a hasty custody battle between Charles Steele and Bobbi Malocu (fka Steele). When two parents get a divorce, the court will either have the parents agree on a custody plan or will order a custody plan to be followed. When the court ordered custody and visitation agreements are violated, it can be a revolving door of one parent complaining of the violation, the court ordering the compliance of the plan, and then the other parent failing to comply. The court would give continuous orders and admonishments for compliance, and nothing would change until there was a significant change in circumstance to warrant a custody modification.

The Steele case changed that precedent when the Court changing custody due to constant non-compliance of the court ordered custody agreement. Therefore, the Steele case is an example of what could happen when a custodial parent interferes with the non-custodial parent’s parenting time by ignoring court orders. This decision was rendered on October 15, 2021, by the Second Appellate District (Montgomery County, Ohio).

FACTS OF THE RECENT STEELE V. STEELE CASE:

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

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 week off and have negotiated a typical first right of refusal clause, and let’s say that Dad can’t care for the child due to a family emergency for 5 hours, then he must offer the time to Mother rather than having a family member or care giver watch the child. This … Read More... “What is a First Right of Refusal Clause in a Child Custody Case?”

An Overview of Child Custody Proceedings in Ohio

Understanding the Intricacies of Ohio’s 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’ commitment to facilitate and honor parenting time to name a few. In some cases, a judge will appoint guardian ad litem to assess the child’s best interests in order to act as the child’s voice in a custody case.

In the case of unmarried parents, the custody of the child is placed by law with the mother until court issues an order designating another person as the residential … Read More... “An Overview of Child Custody Proceedings in Ohio”

An Overview of Adoptions, Guardianship and Custody Actions in Ohio

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 to adopt must complete a home study to determine potential suitability which includes completing requirements such as: personal interviews, home visits, and adoption education.

Adoption hearings take place in the Probate Court in the county where the child resides, the person seeking adoption resides, or where the natural … Read More... “An Overview of Adoptions, Guardianship and Custody Actions in Ohio”

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

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

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 can be enforced. A motion for contempt can be filed for willful violations of these Court Orders.

WHAT DO TEMPORARY ORDERS USUALLY COVER?

Temporary Orders typically regulate:

Temporary Custody/Parenting Time (See ORC 3109.43 and Civil Rule 75 (N);
Temporary Spousal Support (ORC 3105.18) and Temporary Child Support (Rule 75 (N));
Payments of debts (ORC 3105.18); and
Attorney Fees.

In addition, they may deal with Guardian Ad Litem fees, expert witness … Read More... “What is the Purpose of Temporary Orders in an Ohio Divorce?”

Do Criminal Convictions Impact Custody Determinations?

criminal convictions custody child's best interest

Child’s Best Interest Considered When Custody Is Granted In Ohio, But What If The Parent Has Criminal Convictions On File?

Yes. Criminal convictions may impact the Judge’s decision regarding who is granted custody. In Ohio, as in most states, the guiding principle is “what is in the child’s best interest“. By necessity, this must be a very comprehensive consideration of many factors. In Ohio, Section 3109.04 (F)(1) lists 10 specific factors the Court is to consider when making a custody determination.

They are:

(F) (1) In determining the best interest of a child pursuant to this section, whether on an original decree allocating parental rights and responsibilities for the care of children or a modification of a decree allocating those rights and responsibilities, the court shall consider all relevant factors, including, but not limited to:

The wishes of the child’s parents regarding the child’s care;
If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;
The child’s interaction and interrelationship with the

Page 2 of 11

1 2 3 4 … 11