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

first right refusal divorce

Are Clauses Needed In A Child Custody Case? Weighing The Pros And Cons.

first right refusal divorceParenting 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?”

Blast From The Past: Divorce: Tips to Consider About Technology & Social Media

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on March 18, 2017. Our firm has some tips for you to consider if you are contemplating going through a divorce, while using social media and other technology. 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!

Divorce, Social Media and Technology. A whole new world.

Siri Is Listening! Technology And Social Media Can Impact Your Divorce!

divorce social media technology

In the modern technological era where we are constantly surrounded by social media and 24/7 communication, it should come as no surprise that the technology at your fingertips could have a very real impact on your divorce case.  Our firm has some tips for you to consider if you are contemplating going through a divorce proceedings in this techy society.

Some Important Social Media Tips To Consider

  • First, remember to change passwords to all financial accounts, email accounts, and any other personal accounts that your former spouse should no longer be able to access freely without your permission. Even in the most amicable of divorces one miscommunication can lead
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What To Do If You’re Struggling With Life After Divorce

life after divorce

7 Steps For You to Take That Can Make Your Life After Divorce A Life You Love Again

life after divorceDivorce is rarely easy. It marks the end of something you thought would last forever – through thick and thin. And when your dreams are destroyed, moving forward from the destruction can be really, really hard. What you need to know first is you’re not alone. Struggling with life after divorce is pretty common.

If fact, at least 50% of everyone who divorces struggles with moving on with their lives. I know this because there’s usually one spouse who decides divorce is the answer while the other wants to work on the marriage. And, as you know, it only takes one to make the decision to divorce.

However, not everyone who decides divorce is the answer to the problems in their marriage finds it easy to move on with their life. Many of the deciders struggle with life after divorce too.

So, if you’re struggling with your life after divorce, you also need to know that you can get through it. You can create a new life for yourself that feels good. And, yes, you can be genuinely happy again.

Here

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Divorced? Here are Some Tips to Avoid Summertime Blues with the Kids

summertime children divorce

Families Facing Parenting Challenges During Covid-19 Summertime Months

Divorced with Children? How to Juggle Work, Vacation and Childcare During the Summertime Months

summertime children divorceCOVID-19 has certainly added to the stress of the school year no matter what plan you pursued. Homeschooling, virtual learning, in school instruction, masks, social distancing, all have wreaked havoc with the traditional school year to which most people are accustomed. Now summer, and those carefree days that kids dream about all school year long, has finally arrived. However, summer can be difficult on parents when it comes to juggling work, vacation, camps and childcare.

This is especially true for parents who are separated or divorced. Trying to coordinate summer schedules can cause tension and conflict. Although there is no easy way to resolve all the issues that may arise when raising children in two separate homes, there are some tips to follow to help make things easier for both the parents and the kids.

The first thing to do is to read over your divorce  or custody decree if you have one, and/or review your parenting agreement. Make sure you have a clear understanding about what your agreement says about co-parenting during the summer months. … Read More... “Divorced? Here are Some Tips to Avoid Summertime Blues with the Kids”

In Ohio, Will Your Counselor or Lawyer Report Suspected Child Abuse to Children Protective Services?

suspected child abuse divorce cps

Suspected Child Abuse: Questions Both Lawyers and Psychologists, Therapists and Counselors Consider Before Notifying Child Protective Services

suspected child abuse divorce cpsAll 50 states and the District of Columbia have enacted statues requiring the reporting of suspected child abuse. Not all state statutes are the same. While all states support the mission to eliminate child abuse, they have enacted very different legislation.

Since I am an Ohio divorce lawyer, I want to focus in this blog on reporting issues that I have seen in my practice pertaining to the obligation for both lawyers and psychologists, therapists and counselors to report suspected child abuse  to Child Protective Services (CPS).

Perhaps a good way to illustrate the difference in how a lawyer and therapist must deal with this client/patient is by creating a hypothetical pattern.

HYPOTHETICAL FACT PATTERN:

A divorce client comes into the office and tells me that he believes that his wife has sexually abused their 15-year-old son. He did not actually witness it, but he has recently noticed odd and inappropriate interactions between the two of them. He is extremely troubled by his wife wanting to divorce him and of course by the suspected relationship between his son and wife. … Read More... “In Ohio, Will Your Counselor or Lawyer Report Suspected Child Abuse to Children Protective Services?”

Dividing Pets in a Divorce can be “Ruff”!

pet owners divorce

Pet Owners Face Difficult Decision As To Who Receives The Family Pets During Divorce

What Happens to your Pet During a Breakup or a Divorce? Should Pet Owners Agree to a “Pet-Nup?”

pet owners divorceThe breaking up of a relationship, or the termination of a marriage is obviously an anxious and difficult time. Even if the ending is mutual, it is still a time fraught with emotion. There are many things to consider depending on each couple’s situation. If the couple cohabitated, either when in a relationship or within a marriage, there may be possessions to divide up. When children are involved it of course can be overwhelming and messy to figure out all the arrangements. We most commonly think about the children being the innocent party caught in the feuding between parents, but what happens to the pet or pets? During a breakup, it can be a difficult decision as to who receives the beloved family pets.

The Use of “Pet-Nup”, Name Registration and Reciept Keeping

In the UK, there was a recent study done by Maguire Family Law. It reports that lawyers are experiencing more and more separation or divorce cases where the couples are bitterly fighting with each other … Read More... “Dividing Pets in a Divorce can be “Ruff”!”

How To Be Able To Look Back And Say, “My Life Got Better After Divorce”

better after divorce karen finn life coach

PUBLISHERS’S NOTE: Last week I introduced the concept of a “Divorce Coach” to our readers. Here is an interesting article written by Divorce Coach Dr. Karen Finn. She has a terrific website at www.drkarenfinn.com. Let me know your thoughts about her insights! I am hoping you want to read more as she has graciously agreed to be a regular guest contributor to the Ohio Family Law Blog.

Rebuilding Your Life After A Painful Dissolution – Must Read Tips On How To Make Life Better After Divorce!

better after divorce karen finn life coachThe process of divorce — the lead-up, the decision, the legal circus — is often more about getting out of unhappiness than stepping into happiness. Being able to say, “My life got better after divorce”  may be a long time coming. But holding onto that vision can fuel your healing and progress.

If you’re the one initiating the split, you may be driven by the hope of a happier life after the divorce. You may be making plans in your daydream hours, if only to give yourself energy through a difficult and draining process.

Whether or not you want the divorce, you may also be plagued by the fear that your life … Read More... “How To Be Able To Look Back And Say, “My Life Got Better After Divorce””

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