Custody Issues Archives - Page 3 of 11

SCHOOL RESTARTING CONCERNS? DO YOU LIKE YOUR EX’S SCHOOL DISTRICT’S PLAN FOR YOUR KIDS BETTER THAN YOUR DISTRICT’S?

Shared Parenting Plan and Covid-19 in Ohio

Keep Your Children Safe – Parents With Shared Parenting Plan May Consider New School District Options

COVID-19 has created havoc for all of us, but parents with school age kids have a whole layer of additional concerns. Of course everyone wants to keep their children healthy and safe. There are a ton of other logistics that they need to consider – work schedules, daycare considerations, and online/homeschooling, to mention just a few.

There are some similar themes in the plans presented by most Dayton area school districts. Most offer both online and some variation of in-person schooling. All schools are developing intense cleaning and disinfecting protocols. However, other than that, each district policies and procedures for reopening can vary greatly. Some schools offer a combination of in school for 2 days, and on line for 3. Others are offering half day sessions, while others are considering on line only for at least the first several weeks.

Study School District Your Child Will Be Attending For Social Distancing, Mask Wearing Policy and Online Learning

Most schools are offering the option of online only, but those procedures vary as well. Some districts have a … Read More... “SCHOOL RESTARTING CONCERNS? DO YOU LIKE YOUR EX’S SCHOOL DISTRICT’S PLAN FOR YOUR KIDS BETTER THAN YOUR DISTRICT’S?”

Child Visitation Exchanges – Tips to Avoid Problems!

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 practical and reduces possible danger
Bring a Third Party: Some folks will bring a witness to observe the drop off/pickups and to act as an observer and help reduce any friction. If you do this, please be smart in who you choose. Typically, a family member or a mutual friend works best (assuming they get along

Blast From The Past: What Is Parental Alienation And Parental Alienation Syndrome?

Blast from the past 13 years Ohio Family Law Blog

Publisher’s Note: Here is an article originally posted on the Ohio Family Blog on November 15, 2008. Parental alienation continues unfortunately to be all too common in custody litigation. Domestic Relations Courts hear testimony about it daily. I thought this primer on the topic would be worth reposting today!

Does Parental Alienation Syndrome (PAS) Factor Into Determination Of Custody In Ohio?

There are a number of different factors and circumstances that have an effect on the determination of custody in Ohio. According to O.R.C. §3109.04(F)(1), the court must consider all relevant factors when determining the best interest of the child. One of those relevant factors under Section 3109.04 (F)(1)(I) includes whether either parent has continuously and willfully denied the other parent’s right to parenting time or visitation as ordered by a court. While visitation denials may be relatively easy to prove in court, that alone doesn’t amount to parental alienation.

Further, it is not uncommon for some amount of alienation to occur when parents first separate. Usually, the alienation subsides after the parents’ transition through the separation and move on with their lives. In some cases it doesn’t, and instead it continues and escalates to what has become referred … Read More... “Blast From The Past: What Is Parental Alienation And Parental Alienation Syndrome?”

Blast From The Past: Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!

PUBLISHER’S UPDATE: Here is one of my favorites posts written by custody expert Judianne Cochran from back on September 18th, 2010! 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!

Using False Allegations In Family Law Custody Cases. Will I get A Better Position?

In recent years there has been a steady and alarming increase in the use of false allegations of vague, unsupported claims of domestic violence and even vaguer claims of child abuse, used solely in an attempt to find a shortcut to a presumed better position in custody cases.

What is more alarming is the observation that more often than not the attorneys of record for the litigants making these claims have been those unschooled in and relatively new to the family law arena, who have chosen to step outside their actual specialty and add a minor “division” of family law to their practices. Often, a new, young, unskilled associate is added to the practice to handle these family law issues.

Some of these practitioners use this mechanism so frequently that simply hearing the name of the attorney leads … Read More... “Blast From The Past: Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!”

Grandparent Custody Issues From a Lawyer’s Viewpoint

Grandparents Custody In Ohio

PUBLISHER’S NOTE: Tomorrow is National Grandparents Day. While perhaps it is not a well recognized day, it should be. Grandparents are raising more and more children every year. In addition, the importance of their role in our society can not be overstated. This article posted on the Ohio Family Law Blog 10 years ago by Anne Shale, still serves as an excellent primer about grandparent custody in Ohio. In honor of all the grandparents out there, I want to say “thank you” for all your efforts, sacrafices and the love that you share!”

Grandparents Gaining “Custody” of Their Grandchildren: Why? How? Where?

In an ideal world, children should be reared by a loving and caring two-parent family, having both a Father and a Mother, with plenty of caring relatives to assist with parenting activities during times of stress, need, or illness. Today, we are seeing more and more Grandparents taking on the responsibility of primary child-rearing of their Grandchild or Grandchildren. For the sake of brevity, this article is directed to Grandparents seeking “custody” of one Grandchild though they may, in fact, be seeking “custody” of several Grandchildren. Why are we seeing … Read More... “Grandparent Custody Issues From a Lawyer’s Viewpoint”

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”

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