New Law Protects Teens from Dating Harassment and Violence

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teenlaw.jpgIn 2005, a seventeen-year old girl named Shynerra Grant was murdered by her ex-boyfriend, Antonio.  She had just graduated high school in Toledo, Ohio, and was heading to college in the fall.  Shynerra had been stalked by her ex-boyfriend for more than a year before she was murdered.  Antonio stalked and abused Shynerra, including an incident in May 2004 when he broke into her home and put her in the hospital with a broken jaw.  At the time an adult could obtain a Civil Stalking Protection Order (CSPO), but it was almost impossible for minors to get that same protection if the aggressor was another minor.

In March 2010, the Ohio General Assembly passed legislation that would confront this issue.  House Bill 10, named the Shynerra Grant Law, was sent to Governor Strickland for his signature.  The Governor signed the bill into law and it will become effective on June 17, 2010.  The law is designed to allow a minor to go to his or her local juvenile court to obtain a protection order in certain situations.  A teen who is the victim of harassing, stalking, or … Read More... “New Law Protects Teens from Dating Harassment and Violence”

How Injury Claims Are Treated In Divorce Court

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per_injcheck.jpgIn early April, I received a phone call from Attorney Brian Wilson, a principal in the Canton personal injury law firm of Nicodemo & Wilson.  He and I have teamed up on a few prior projects, and he has contributed to the Oho Family Law Blog in the past.  After catching up a bit on the joys of blogging and our respective lives, he asked if I might consider writing an article as a guest blogger on their Bull’s-Eye Blog about how personal injury settlements are treated by divorce courts.  Of course, I was only too happy to accommodate Brian.  His blog is superb and one that I read several times a week.  Check it out by clicking here.  The article I wrote was posted on May 3, 2010.  Thanks, Brian! Here it is starting with Brian’s introduction:

Occasionally, we have guest bloggers write on topics of interest that cross over into Ohio personal injury issues. Our guest blogger is Robert L. Mues, an outstanding Dayton, Ohio, family law attorney. I found his interesting and informative blog and website while searching the Net for…interesting and informative Read More... “How Injury Claims Are Treated In Divorce Court”

AlcohoIism And Chemical Dependency: Special Dilemmas In Family Law Cases

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drug_al.jpgAlcoholism is defined by Webster’s New World Dictionary as “the habitual drinking of alcoholic liquor, or as a resulting diseased condition”. It is also defined as a chronic and progressive illness characterized by physiological and psychological dependency upon the ingestion of alcohol; a loss of control over drinking, including when, and in what form, how much, and why; and interference with normal functioning in one or all such areas such as family, work, friendship, and community activity.

Chemical Dependency can be defined as alcoholism is above…..but it is a chronic and progressive illness characterized by a physical and psychological dependency upon the ingestion of legal or illegal mood altering drugs; a loss of control over the ingestion of the drugs, including when, and in what form, how much, and why; and interference with normal functioning in one or all such areas such as family, work, friendship, and community activity.

Are families in domestic relations matters impacted by these diseases?

Absolutely. I practiced mental health/chemical dependency nursing for a number of years before entering law school, so I am very attuned to alcohol/chemical dependency issues. While I have … Read More... “AlcohoIism And Chemical Dependency: Special Dilemmas In Family Law Cases”

Consider the Impact of Divorce on Your Adult Children

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adult_child.jpgIt’s a misconception that when parents divorce it doesn’t affect adult children. It is important to remember that our children may be adults (and even may have experienced divorce themselves), but they are still children of both parents. In going through divorce, many parents “lean” on their children, making them into confidantes and, sometimes, surrogate spouses. Children, even adult children, are uncomfortable with details of their parents’ personal life. Confiding to a child about a parent’s indiscretions puts the child in a no-win situation. Many of the adult children I have spoken with say that they are shocked and angry by their parents’ behavior. But as the child, they continue to want the relationship. Giving adult children inappropriate information puts them in a quandary – how to have a relationship with a parent who may have behaved terribly in marriage without feeling disloyal to the other parent? Children are entitled to have a relationship with each parent that is not based on that parent’s performance as a spouse.

Adult children are also affected by divorce in practical ways. Dividing visiting time between the two parents, possibly even … Read More... “Consider the Impact of Divorce on Your Adult Children”

Get Your Ex’s Consent To Travel Abroad With Your Minor Child, Avoid Feeling Like You Just Went Over Niagara Falls in a Barrel!

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child_travel.jpgIf you are planning a foreign vacation this summer, you had better plan ahead to determine all the necessary travel documents that you will need.  This can be a much more complex issue than one might think.  A good place to start is the U.S. Department of State International Travel website or you can call them at (877) 487-2778.

I do not intend to try to outline all the various documents required for each international destination, but rather to alert our readers of a requirement that is more obscure.  In recent years, concerns about international child abductions have increased; and as a result, new travel restrictions have been imposed including border officials becoming much more cautious when they encounter a child traveling without both biological parents.  Just having a child’s birth certificate is not enough.  It is wise to bring a copy of the legal custody orders with you.  But in addition, did you realize that a child departing the U.S. and traveling with only one parent, grandparents, a guardian, or another adult or group, must have a notarized Travel Consent Authorization document from both birth parents … Read More... “Get Your Ex’s Consent To Travel Abroad With Your Minor Child, Avoid Feeling Like You Just Went Over Niagara Falls in a Barrel!”

Who Gets the Disposable Paper Bed Sheets?

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dbed.jpgI vividly remember litigating a very contentious divorce case back in the early 1980’s.  The Magistrate who heard the dispute still occasionally pokes fun at me about the case! Husband and Wife wanted to argue and fight over the division of a voluminous list of household goods acquired during the marriage, most having little or no value.  Since then, when I was a young lawyer, I believe I have now been able to gain some valuable insight on litigation of this nature.

Typically, Judges and Magistrates do not want to litigate these type of disputes, partly due to the dollars in controversy, but more often because of the irrational positions and fervor of the contestants.  Now, understand that I am referring to replaceable used household goods, furniture and other sundry items acquired during the marriage, not valuable jewelry, guns or coin collections, separate premarital property or items with sentimental value.

Going to Court and actually litigating virtually any family law issue these days is both a time consuming and an expensive process.  Common sense and logic support making all reasonable efforts to narrow the contested issues in … Read More... “Who Gets the Disposable Paper Bed Sheets?”

Child Abduction a Worry? Do You Have a Passport Block in Place?

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abduction.jpgFor those of you that read our Ohio Family Law Blog regularly, you are familiar with problems that may arise when your children travel internationally.  Specifically, one parent may abduct your child to his or her home country.  Another issue may be that you send your child to visit his or her parent in another country and that parent refuses to allow the child to return.  If the country that the child is in is a signatory to the Hague Convention, there are mechanisms that may assist the parent in obtaining the child’s return.  This process, however, can be costly, time consuming, and produce uncertain results.  So you ask, what steps can you take to protect your child from ever being placed in that position?

The United States Department of State has anticipated that very problem and has instituted a program that may alleviate some of those fears.  The Children’s Passport Issuance Alert Program (“CPIAP”) was established to fight child abduction of any kind.  Essentially, the program creates a protocol where a parent or both parents is contacted if there is a passport application made on behalf … Read More... “Child Abduction a Worry? Do You Have a Passport Block in Place?”

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