Custody Issues Archives - Page 4 of 11

Another Same-Sex Parenting Rights Issue Upheld by the U.S. Supreme Court

U.S. Supreme Court Upholds Arizona Supreme Court Same-Sex Custody Case Decision

The U.S. Supreme Court declined on February 22, 2018, to hear an appeal of a case where the Arizona Supreme Court found that a lesbian woman should be recognized as the legal parent of the child she and her former wife conceived through artificial insemination during their marriage.

The case, stems from a custody dispute between Kimberly McLaughlin and Suzan McLaughlin. The couple was legally married in California in 2008, and chose to have a child via artificial insemination and an anonymous sperm donor. In 2011, Kimberly gave birth to the couple’s son. Two years later, she left with the child and cut off all communication between Suzan and their son. Upon filing for divorce, Suzan sought parenting time based upon an Arizona law regarding the presumption of parentage. Specifically, the law states that a child born to a woman within 10 months of her marriage is presumed to be biologically related to the father. However, Kimberly claimed that she cannot be required to share custody of her biological child because this presumption clearly states that it only applies when the other spouse is a man.

U.S.

Blast From The Past: Fathers are Indeed Important!

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S UPDATE – Blog Originally Published on January 16, 2010: It is time for another “BLAST FROM THE PAST!” After Court recently, my client thanked me and reminded me about writing this Blog about his case seven and a half years ago. I was once again representing this father in the same rural Ohio Juvenile Court. The child is now 13+ and about to start the 8th grade but really wanted to move out of Ohio to live primarily with Dad and his family and attend school in North Carolina. Dad’s perseverance once again paid off! After a very strong guardians report, the parties agreed to a 1 year trial period for their child to move to the Tar Heel State. This child is indeed blessed to have 2 excellent, loving, and caring parents willing to try to do what is in the child’s best interest! Good parenting by Dad and all his love and his fortitude did once again pay off!

A large body of research overwhelmingly suggests children do best when they have both a mother and a father involved in their lives. Specifically, children whose fathers participate in raising them do better in school, are less likely … Read More... “Blast From The Past: Fathers are Indeed Important!”

Shared Parenting: Kentucky Governor Signs New Law, Is Ohio Behind the Times?

How Does The New Shared Parenting Law Signed In Kentucky Impact Ohio?

Shared Parenting law custody divorce Kentucky took a step closer on April 12, 2017 to making shared parenting in instances of divorce the norm in the state. House Bill 492, received unanimous support in both the House and Senate. The new law was also supported by an overwhelming amount of research showing it is in a child’s best interest to have as close to equal time with both parents in instances of divorce, particularly early on in the process.

“Children are now more likely to see both parents regularly after a divorce, which is a huge win for the children of Kentucky considering research consistently shows shared parenting is in the best interest of children when their parents divorce,” said Matt Hale, Chair of National Parents Organization of Kentucky. “Plus, parents are no longer in the high-conflict winner win all and loser lose all situation”.

The new law amends KRS 403.280, allowing a court to adopt a prior parental temporary custody agreement as the court’s temporary custody order. However, the agreement must be mutually agreed upon while adequately providing for the child’s welfare. The new law also creates a temporary joint … Read More... “Shared Parenting: Kentucky Governor Signs New Law, Is Ohio Behind the Times?”

Child Custody Evaluations: Helpful or Harmful?

Child Custody Evaluations Tool Under Fire

child custody evaluations Divorces can be messy – potentially even more so when children are involved. Emotions run high and often cause rational thinking and behavior to be thrown out the window. Because of this, the court system has different “tools” to help it determine what is in the best interest of the children when custody is at stake.

One such tool is a child custody evaluation. These evaluations are typically conducted by a mental health provider who give the court a recommendation regarding where the children should live, parenting time, and basically an overall picture of the family dynamic as it relates to the custody case.

In theory, these evaluations should help both the parties involved and the court. However, a recent study seems to show otherwise.

In an article published in Court Review, Dr. Ira Daniel Turkat, a licensed psychologist and family law litigation specialist, conducted what he claims to be the first known quantitative study on the detrimental effects of child custody evaluations.

In his study, Turkat surveyed 101 people from 35 states who: 1- were divorced, 2- had participated in a custody evaluation by a psychologist, 3- gave details about the … Read More... “Child Custody Evaluations: Helpful or Harmful?”

Artificial Insemination: What Happens When Same-Sex Couples Divorce?

How Ohio’s Artificial Insemination Statute Will Impact Same-Sex Couples

PUBLISHER’S NOTE: I want to thank our legal extern, Matthew Kimmel, for all his assistance in researching and writing today’s blog post. Excellent job Matt!

artificial Insemination same-sex couples Tennessee made news recently in regards to a controversial court ruling concerning same-sex couples. In the case, one partner of a same sex couple became pregnant through artificial insemination with the intent that both partners would raise the child. However, after the child was born and the couple divorced, things got tricky. The court ruled that in a situation like this, the parent who bears no biological relationship with the child has no contractual relationship with the child. Thus, they will not be liable for child support, but they also will not have a say over the upbringing of the child. A parent in this situation may be granted visitation rights, but will not bear any sort of legal rights over the child.

Artificial Insemination Statute In Tennessee Ruling

The 4th Circuit Court in Tennessee arrived at this conclusion by looking at the state’s artificial insemination statute . The statute states that, “A child born to a married woman as a result of artificial insemination, … Read More... “Artificial Insemination: What Happens When Same-Sex Couples Divorce?”

GAL: Proving Your Guardian Ad Litem Is Conducting a Superficial Investigation

Crucial Steps Counsel Can Take To Challenge Investigation Findings From An Incompetent GAL (Guardian Ad Litem)

GAL Guardian Ad Litem investigation A month or so ago I took a trip out to Lake Tahoe for one of my college buddy’s bachelor party. Let me tell you something about Lake Tahoe during the ski offseason, you gamble a lot. And that is what we all did during the weekend. We just gambled and placed bets on various sporting events at the three casinos Lake Tahoe has to offer. I did not go crazy with the bets because my wife would murder me, but I had some fun taking a risk on the uncertainty of will I win or not. Except for when I placed a bet against the Reds during their series with the Pirates. I knew for a fact I was going to make money on that bet.

In any event, I often get that feeling of uncertainty when a Guardian Ad Litem (GAL) is appointed to any of my child custody cases. I know for a fact that the GAL report can make or break my client’s case surrounding custody. So at times, I do feel that it is a gamble on … Read More... “GAL: Proving Your Guardian Ad Litem Is Conducting a Superficial Investigation”

Domestic Relations Court In Greene County Hires Nidiffer

An Introduction to Greene County Domestic Relations Court Staff Attorney Justin C. Nidiffer

domestic relations court greene county ohio
Justin C. Nidiffer

On February 9, 2015, I traveled to the Domestic Relations Court of Greene County, Ohio to interview Justin C. Nidiffer, the newly hired Staff Attorney for the named Court. Justin advised me that he had completed an internship with the Court during his last year in law school and that he was so very pleased with that experience. It was apparent to me that the Domestic Relations Court was very satisfied with Justin’s performance as the Court hired him as their very first Staff Attorney to commence his position on January 1, 2015.

What will Justin’s responsibilities be?

He will be reviewing new cases filed with the Court and examining the pleadings and Financial Affidavits of the parties. He will then be preparing and filing the Court’s Temporary Orders of Custody and Support. He will be working closely with Judge Steven Hurley, Magistrate Cynthia Martin, and Magistrate Kimberly Combs.
He will be conducting Case Management Conferences with the attorneys involved in each case. If a Guardian ad Litem or a Family Investigation is needed, he will prepare the Entry regarding same. He will

Page 4 of 11

1 2 3 4 5 6 … 11