Ohio Family Law Blog

LEGAL ALERT: Expanding the Ohio ‘Castle Doctrine’ – Ohio HB338 Signed into Law!

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Championing Change: How HB338 Expands the Ohio Castle Doctrine to Protect Disabled Children

On October 26, 2024, I posted a legal alert blog here, regarding pending Ohio Senate legislation focused on the Ohio Castle Doctrine expansion. Click here to read it. On Thursday December 19, 2024, Governor Mike DeWine signed HB338 into law. I wanted to share this excellent news on this important family law development!

The new law allows a court to issue or modify a child support order for the care of a child who is a person with a disability as part of a divorce/dissolution, regardless of whether the child is over the age of 18 when the parents” divorced. It clarifies a split amongst the Ohio appellate districts about whether a court can order child support if the child is over 18 but has had a disability since they were a minor (and are not self-supporting). It’s an extension of the current Castle doctrine. It is important to note that the new law does not require a court to issue an order, it just allows them to consider whether such an order would … Read More... “LEGAL ALERT: Expanding the Ohio ‘Castle Doctrine’ – Ohio HB338 Signed into Law!”

Holidays: Just Say No & Feel Empowered!

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Holidays Got Your Down? Holiday stress management might be in order.

PUBLISHERS NOTE: Congratulations! We all made it through Thanksgiving. So, the mad dash of the holiday season is officially upon us. Take a breath. Slow down. And just say “no.”

A Guide to Happier Holidays: Replace HO–HO-HO with NO-NO-NO!

Well, the holiday hoopla is ramping up. Displays of sparkly red and green stuff has taken center stage in our stores, catalogues are arriving in droves, internet sites are offering deals, discounts and sales on every imaginable product. Magazines at the grocery checkout display unbelievable glossy covers of gorgeous people, in gorgeous houses, serving gorgeous food. Now with the sudden drop in temperature and the promise of snow this week, the reality that the holidays are descending on us is unavoidable.

It feels impossible to slow this down or simply get a grip. It is like being swept up in some tinselly tidal wave. I don’t want to shop yet; I still am cleaning out the garden! Yet, as the heat clicks on, and my sweaters and even gloves begin to take center stage, it cannot be … Read More... “Holidays: Just Say No & Feel Empowered!”

Blast From The Past: Should I Stay or Should I Go? To Divorce or Not?

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PUBLISHERS UPDATE: Here is one of my favorites posts about when to file for divorce from back on December 10th, 2022! 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!

The perfect month For filing for Divorce is…

Divorce for the Holidays! The Perfect Time to File for Divorce?

This is the time of year that many people have this exact question on their mind. If you are old like me, perhaps you remember this song by the British punk rock band The Clash from 1982. Or if not, maybe later from a Levi’s 501 jeans television commercial shot in a pool hall.

Here are some of its memorable lyrics:

“Darling you got to let me know
Should I stay or should I go?
If you say that you are mine
I’ll be here till the end of time
So you got to let me know
Should I stay or should I go?

It’s always tease tease tease
You’re happy when I’m on my knees
One day is fine, … Read More... “Blast From The Past: Should I Stay or Should I Go? To Divorce or Not?”

Do You Have a Post-Divorce Plan? Here’s Why You Need One.

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Why a Post-Divorce Plan is Essential for a Smooth Transition

Life during and after divorce can be a difficult period for many to navigate. Having a post-divorce plan can make a huge difference by helping you understand what to expect and how to confront certain challenges with greater confidence and clarity during this complicated time.

Organization and Confronting the Complexities

You might not know where to turn or what to do following your divorce. There are certain actions that you can take moving forward to help create a smoother transition into the post-divorce phase. First, you should keep and review all of the pertinent divorce records and documents. Make sure that all items in the Divorce Decree are dealt with…do not simply infer that your attorney will handle the matter without your contribution. REVIEW THOSE FINAL DECREE DOCUMENTS VERY CAREFULLY AFTER YOUR DIVORCE!

Having a thorough post-divorce plan includes reviewing these documents and taking proactive steps. Further, it is important to consider your estate planning documents, as they will likely need to be updated with information pertaining to your estate beneficiaries, executors and/or agents, and healthcare decisions. … Read More... “Do You Have a Post-Divorce Plan? Here’s Why You Need One.”

Christmas Parenting Time Tips

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Tips for Managing Holiday Parenting Schedules

Since we are now into the month of November, it is not too early for divorced and divorcing parents to look ahead to the upcoming Christmas Holiday. Here are some “tips” regarding the “nuts and bolts” of handling the holiday parenting schedules effectively.

Read and examine the Parenting Time Schedule for your particular County which should be attached as part of your Final Decree or Court Judgment. The Domestic Relations Court and Juvenile Court of each County have differing schedules. If your parenting time schedule has been lost or misplaced, you can obtain a replacement from your attorney’s office or the clerk where your order was filed. Remember, the one attached to your Final Court Order controls, not a more recent one which may have been subsequently adopted by the Court.

For example, Montgomery County, Ohio, currently has the following provision as to the Christmas Break:

CHRISTMAS BREAK: In all even-numbered years, the residential parent shall have the children from 9:00 a.m. the day after school recesses (or 9:00 a.m. on December 20 if the children are not in school), until … Read More... “Christmas Parenting Time Tips”

Vacationing Without the Kids? Don’t Leave Until You Have Prepared an Emergency Medical Authorization Form

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Why Every Parent Needs an Emergency Medical Authorization Form for Kids Before Traveling

I typically receive several phone calls this time of year asking me if I have a generic emergency medical authorization form that parents can complete since they are headed out of town without the kids. This panicked call usually comes less than 24 hours before the departure time! It is very important to leave the caregiver this type of emergency authorization to be sure any necessary medical treatment will be provided to your child timely and without lots of “red tape” in your absence.

So, to avoid those calls, I have attached my emergency medical authorization form to this article.

Download: .pdf version | HTML version

Try to relax and enjoy the time away from the kids. Happy travels!

Need Assistance? We are here to help.

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Blast From The Past: Dissolution: Out with the Old, in with the New?

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PUBLISHERS NOTE: Here is one of my favorites posts about Ohio dissolution proceedings from back on October 22nd, 2016! The advice rings as true now as it did thenWe 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!

Marriage Over and Thinking Divorce? Important Information About Ohio Dissolution Proceedings

Do you and your spouse BOTH recognize that your marriage is emotionally and all but officially over? Have you been procrastinating moving forward with dissolution and terminating your marriage? Not a pleasant decision, but sometimes a necessary one. Well, there is still time to accomplish and complete that objective around the first of the year.

Ohio Law permits the filing of both divorce and dissolution actions. Before filing you really should know the basic differences. The primary distinction between divorce and dissolution is the amicable nature with fully agreed upon terms in a dissolution proceeding. In dissolution, both parties must agree to every aspect and term in the final agreement, down to the last penny. Various pleadings are prepared and … Read More... “Blast From The Past: Dissolution: Out with the Old, in with the New?”

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