Think Before You FACEBOOK…Especially if You’re in a Divorce!

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facebook_div.jpgBy now, I’m sure that most of you have read how Facebook, and every similar social networking site, makes posting “too much information” on the internet just too easy.  Do a quick Google search for “Facebook and Divorce” and you’ll find links to many articles discussing the correlation of postings on internet social networks to an increase in divorce.  The American Academy of Matrimonial Lawyers says that 81 percent of its members have used or gone up against evidence in court plucked from Facebook, MySpace, Twitter, YouTube and LinkedIn over the last five years.

Consider the following situations:

  • Mom denies in court that she smokes marijuana but posts pot-smoking photos of herself on Facebook;
  • Dad claims minimal income from his small business and various “cash only” side jobs he performs but places posts and photos on Facebook of himself on fishing trips, gambling at the riverboat, and with new vehicles, including a Harley Davidson motorcycle; his new girlfriend also posts pictures of some of the gifts she has received from Dad;
  • During a custody dispute where Dad is alleging that child’s grades are falling, child is not
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ELDER LAW UPDATE: The Legal Implications of Multiple Generations Living Under One Roof

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gen_roof.jpgDue to the sputtering economy, the baby boomer generation approaching retirement age, and the ever increasing life expectancy, multi-generational households are becoming more common than they have been in decades.  Due to the need to combine family incomes or in order to take care of an elderly or ill relative, grandparents, parents and children are sharing living space in increasing numbers.  According to the Pew Research Center in Washington, D.C., in 2008, 49 million Americans or 16 percent of the population lived in households with at least two adult generations, an increase of 17 percent from 2000.  This trend comes with numerous legal implications and issues, some of which are discussed below.

When a parent and adult child choose to live together, numerous elder law and estate planning issues arise. First, Medicaid issues need to be considered.  What if a parent contributes money for the child to add an addition to the child’s home for the parent to live in?  This could be construed as a gift that might affect parent’s eligibility for Medicaid if this becomes necessary within the next five years.  What if parent and … Read More... “ELDER LAW UPDATE: The Legal Implications of Multiple Generations Living Under One Roof”

Do Challenging Children Cause a Bad Marriage?

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challenging_children.jpgResearch published last month in Child Trends reported that happy marriages generally result in happy children. I was asked by a reader if children with any type of physical, emotional or developmental problems cause unhappy marriages.

Research has focused on parents raising children with such problems as Attention Deficit Disorder, Autism Spectrum Disorder and similar types of disabilities. The research findings have been ambiguous, with some studies finding a higher rate of divorce among such parents, and with others documenting no real differences. However, it’s clear that raising a special-needs child can result in a severe strain on a marriage. Here’s how successful marriages navigate these problems.

  1. Put your marriage first. A child with any type of disability demands more time and attention than other children. Good parents naturally want to meet those special needs, but that may result in neglecting your spouse. Healthy relationships take time and work, so it takes an extra effort by both spouses to be attentive to the needs of their marriage partner.
  2. Create a “no talk about children” zone. I recently learned about this technique from one of my clients. She
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Establishing Paternity in Ohio – An Overview

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establish_paternity.jpgThe concept of “paternity” refers to the process of going to court to establish a legal relationship between a father and his child.  The process exists because society has created laws to make sure that children are supported by their own biological parents whenever possible.  A paternity action will help determine who should be paying for that support and how much they should be paying.  In Ohio, a paternity action will only apply to a mother and father who were never married  because any child born during a marriage is presumed to be the husband’s legal child.  Paternity actions between unmarried people are typically heard in a county’s juvenile court.

Who can file for paternity?

In Ohio, the only people who can bring an action to establish paternity are the mother of a child, the alleged father of that child, the child (or a representative of the child), or the Child Support Enforcement Agency in the county where the child resides (if the mother, alleged father or guardian of the child is receiving public assistance on behalf of the child).  A grandparent or other relative cannot file … Read More... “Establishing Paternity in Ohio – An Overview”

Tips on How to Prevent and Handle a Lost Child Situation

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lost_child_situation.jpgMy wife and I have raised two (2) sons and we personally experienced the terror of a child becoming lost in a public place.  Fortunately, ours ended like most of these situations with our son being located and returned safely.  So, that being said, I want to thank Keith Kepler, the Vice President and General Manager at AlliedBarton Security Services, for sending the Ohio Family Law Blog these important tips about protecting our children from becoming lost or missing. I think that his advice is spot-on.  Please take a moment and read his practical suggestions:

A lost child is a parent’s worst nightmare.  As families plan to spend more time outdoors, on vacation and in busy public places this summer, it is important to be prepared. A survey of parents by the Center to Prevent Lost Children showed that 90 percent of families will experience losing a child in a public place at least once, and 20 percent said it has happened more than once.  The United States Department of Justice reports that more than 300,000 children become temporarily lost for at least one hour, but the Read More... “Tips on How to Prevent and Handle a Lost Child Situation”

Why Selecting One Court Over Another Could Be Important In Your Dissolution

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timeismoney.jpgIn order to terminate a marriage in the State of Ohio via a divorce proceeding, the party seeking to terminate the marriage must meet certain requirements as to residence of the parties.  By law, if a party is seeking a divorce from the other party in Ohio, one of the parties must have been a resident of the State of Ohio for more than six (6) months and a resident of a particular County for more than ninety (90) days preceding the filing of the Complaint for Divorce.  By contrast, if the parties in a marriage seek to terminate their marriage by a dissolution proceeding, one of the parties must have been a resident of the State of Ohio for more than six (6) months before filing their Petition for Dissolution of Marriage.  By statute, Ohio Revised Code (“ORC”) Section 3105.62 reflects the following language:

“One of the spouses in an action for dissolution of marriage shall have been a resident of the state for at least six months immediately before filing the petition. . . .”

The difference in the jurisdictional requirements for filing a Complaint … Read More... “Why Selecting One Court Over Another Could Be Important In Your Dissolution”

Tips to Help Avoid the Summer Parenting Blues…

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Summers can be a difficult time for parents separated from their children for extended periods of time.  Ann Dunnewold, Ph.D., author of Even June Cleaver Would Forget the Juice Box, gave the following tips to Parenting magazine about ways to keep in contact with children away from home during the summer:

  1. Use your cell phone. Although the idea of entrusting a cellular device to your 6-year old (never mind kids younger than that) is appalling to many parents, allowing a child to have access to his or her mother or father’s voice is a simple and effective way to stay connected.  If the babysitter or another parent is with the child while you are not, simply ask them to cooperate and lend the child their phone.  A study conducted at University of Wisconsin-Madison shows that girls who talked to their mothers via phone felt calmer and happier as those whose mothers were physically available for hugs.  Hearing a parent’s voice lowers a child’s cortisol (stress hormone) and released oxytocin, a hormone associated with physical contact. 
  2. Make a recording. If you know you’re going to be stuck
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