The Conciliation Process In Montgomery County, Ohio

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recon.jpgOhio Revised Code (“ORC”) Sections 3117.01 through 3117.08 are the specific statutes governing the conciliation process in the State of Ohio. Black’s Law Dictionary reflects that the word “conciliation” is derived from French law wherein it was/is the formality to which intending litigants are subjected in cases brought before a Judge. The Judge convenes the parties and endeavors to reconcile them. Should the Judge not succeed, the case proceeds to trial.

In the Domestic Relations Court of Montgomery County, Galen Curry is the person who is “in charge” of the conciliation process. On Thursday, November 6, 2008, I had the opportunity to meet with Galen Curry to learn about his role in a conciliation proceeding. Ohio Revised Code Section 3117.03 provides for the appointment of one or more conciliation counselors in counties having a population over one hundred thousand according to the latest federal census.

As the conciliation counselor, Galen Curry does the following:

A.

Confers with parties involved with each conciliation proceeding and makes recommendations to the assigned conciliation judge.  (In Montgomery County, Ohio, Judge Denise Cross and Judge Judith King are the conciliation judges.)

B.… Read More... “The Conciliation Process In Montgomery County, Ohio”

Divorce And Insurance Policies: What Divorce Attorneys Need To Know To Protect Their Clients

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bwilson.jpgYou may not be aware that, years after you have prepared a separation agreement, it may have a direct bearing on whether your clients are covered under their auto or homeowners’ insurance policies in a variety of accident scenarios.

Here’s a typical scenario. Months or years after Mom and Dad are divorced, one of them hands the car keys to “Junior,” who negligently wrecks the car and injures another motorist. One or both parents, thinking that Junior is covered under their auto policy, turn the claim into their insurer, only to be shocked that the insurance company denies the claim.

There are two principal reasons why the claim might be denied: Junior is not a “named insured” or a “resident relative” under the policy. If the denial holds water, Junior and perhaps his parents may be exposed to personal liability, and the distinct prospect of bankruptcy. The question is: Is there anything the divorce attorney can do to ensure or increase the likelihood that minor children will be covered in a future accident under one or both parents’ insurance policies?

This accident scenario has been frequently litigated. … Read More... “Divorce And Insurance Policies: What Divorce Attorneys Need To Know To Protect Their Clients”

Ho! Ho! Ho! Holiday Ramblings from the Publisher . . .

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I want to wish everyone a most joyous holiday season!

hoho.jpgThis is an appropriate time to reflect upon memories of past Christmas celebrations and traditions. In our family, we were very involved with a Christmas project providing gifts for needy children for many years while our sons were growing up. As a family, we spent countless hours working at the Center. We have tried to instill upon our family the importance of sharing and helping others. It is too easy this time of year to become consumed by all the shopping, decorating, numerous errands and superficial things. Focus can be lost on real matters of consequence, such as the meaning and importance of family. Regardless of one’s religious convictions, this is an excellent time to reflect upon our core values and aspire to do what we each can to make the lives of others around us better, even if it is in some small seemingly insignificant way.

Family issues are obviously important, both personally and professionally. Much of my professional life is spent with clients discussing family and marital issues. In my conferences with clients, I often … Read More... “Ho! Ho! Ho! Holiday Ramblings from the Publisher . . .”

Is Money Really the Root of all Evil?

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Aaron Hill is a third year student at the University of Dayton School of Law, externing at Holzfaster, Cecil, McKnight & Mues.

moneyroot.jpgHave you discussed with your significant other how the household finances will be managed? This is an often overlooked question that newlyweds fail to discuss. Among other reasons, “money problems” are cited as one of the leading reasons for divorce. It is, therefore, paramount for couples to share a similar outlook on money matters before they get married.

Communication and Compromise are the Key

Communication and compromise are the keys to any successful relationship. Couples who discuss what their financial goals and responsibilities are before they get married are starting their marriage on the right foot. It is crucial for the couples to sit down and communicate both long and short term goals. Short term goals include who is going to be responsible for paying the bills, handling the investments, or whether to establish joint banking accounts. Long term goals can include having children and how many, when to retire, and what kind of lifestyle to lead. When couples communicate these long and short term … Read More... “Is Money Really the Root of all Evil?”

New Strategies To Protecting Assets From Medicaid Through Long Term Health Care Insurance

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While not directly on the topic of family law per se, Attorney Joe Balmer, head of the estate planning and probate department at Holzfaster, Cecil, McKnight & Mues, has written an important article on Medicaid planning that warrants reading.

longterm.jpgThanks to Ohio’s Long-term Care Partnership Program, which became effective in September of 2007, it is now possible to protect more of one’s assets from Medicaid spend down through the use of certain long-term health insurance policies. However, certain criteria must be followed and it is important to purchase any such policy from an experienced long-term health care insurance professional.

Long-term health care services include help with activities of daily living, home health care, respite care, hospice care, adult day care, nursing home care and assisted living facility care. Neither Medicare nor most traditional health care insurance plans cover most costs of long-term care.  Statistics show that the current life expectancy of a 65 year old is 18 additional years and in 2005, 5 percent of all people 65 years or older resided in a nursing home.  Therefore, if affordable, long-term, health care insurance should be a consideration … Read More... “New Strategies To Protecting Assets From Medicaid Through Long Term Health Care Insurance”

Can Parental Alienation Be Far Behind? The Warning Signs Every Family Lawyer Should Know

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Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio.

jud_pas.jpgIt is important that family law attorneys remain aware of the patterns of behavior found in cases involving possible parental alienation and pay heed to ongoing complaints by clients experiencing even the early stages of alienating behavior. Early in a custody case it can be very apparent that one parent is extremely angry, bitter or feels betrayed, by both the other parent and by expectations of the “system”. Having to share custody may only intensify the anger due to having to continue the relationship with a person they despise. Then a campaign begins to align the children to his or her side and together with the children work to destroy any viable relationship with the target parent.

Often the alienating parent will file false domestic violence charges, seeking the easy route to obtaining sole custody by obtaining a civil protection order … Read More... “Can Parental Alienation Be Far Behind? The Warning Signs Every Family Lawyer Should Know”

What Is Parental Alienation And Parental Alienation Syndrome?

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sep_pt1.jpgSubmitted by Robert L. Mues with legal research and assistance from Aaron Hill, an extern from the University of Dayton School of Law.

There are a number of different factors and circumstances that have an effect on the determination of custody in Ohio. According to O.R.C. §3109.04(F)(1), the court must consider all relevant factors when determining the best interest of the child. One of those relevant factors under Section 3109.04 (F)(1)(I) includes whether either parent has continuously and willfully denied the other parent’s right to parenting time or visitation as ordered by a court. While visitation denials may be relatively easy to prove in court, that alone doesn’t amount to parental alienation. Further, it is not uncommon for some amount of alienation to occur when parents first separate. Usually, the alienation subsides after the parents’ transition through the separation and move on with their lives. In some cases it doesn’t, and instead it continues and escalates to what has become referred to as “Parental Alienation Syndrome”. This disorder was first identified by Richard A. Gardner, a forensic psychiatrist, in the mid-1980s, and defines it as:

A disorder
Read More... “What Is Parental Alienation And Parental Alienation Syndrome?”
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