Antenuptial Agreements, An Effective Estate Planning Tool

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Antenuptial agreements, also often referred to as prenuptial agreements, are sometimes derided as taking the romance out of marriage and transforming the event and institution into a business arrangement. Some claim that the use of an antenuptial agreement is an acknowledgement that a marriage is likely to fail. However, an antenuptial agreement addresses not only the possibility of divorce, but also the distribution of premarital assets upon the death of one of the spouses. These agreements can be an excellent tool when there is a significant difference in the ages of the parties or in their respective wealth. In situations in which one or both of the parties has/have previously been married and want(s) to preserve assets for his or her children upon death, an antenuptial agreement may be an essential component of a sound estate plan.

There are several basic elements of a valid antenuptial agreement. The agreement must be entered into in writing and signed by both parties in contemplation of an upcoming marriage. Both participants must be competent and must freely and voluntarily enter into the agreement without coercion or duress by the other … Read More... “Antenuptial Agreements, An Effective Estate Planning Tool”

National and Ohio Statistics related to Grandparents Raising Grandchildren

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I have listed some of the most intriguing statistics from the 2000 U. S. Census Bureau Table DP-2, Profile Selected Social Characteristics :

  • Across the United States, more than 6 million children are being raised in households headed by grandparents and other relatives.
  • 2.5 million children are in these households without any parents present.
  • Nationally, 4.5 million children are living in grandparent-headed households (6.3% of all children under age 18). This represents a 30% increase from 1990 to 2000.
  • There are another 1.5 million children in the United States who are living in households headed by other relatives (2.1% of all children under 18).
  • In Ohio, there are 157, 298 children living in grandparent-headed households (5.4% of all children in the state). There are another 35,333 children living in households headed by other relatives (1.2 % of all children in the state). Of the children living in households headed by grandparents or other relatives in Ohio, 76,794 are living there without either parent present.
  • Nationally, 2.4 million grandparents report they are responsible for their grandchildren living with them: 29% of these grandparents are African American;17% are
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Information & Resources Available to Grandparents with Custody of Grandchildren

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There are many sites listing resources available for grandfamilies and grandparents having custody of children. One of the most comprehensive lists is included in the Generations United website. It lists national organizations and resources that might be of benefit.

Here is a list of Ohio programs that might be of assistance:

  • The Kinship Navigator Program is available in several counties in Ohio through county and community-based organizations. Navigators are available to provide information and referrals for other programs in the community for grandparents and other relatives. Service links may include health supports, educational services, financial resources, child care, legal services, support groups, and respite care. In some cases, the programs sponsor activities and specialized services for caregivers and children. To see if there is a program in your county, contact your local Department of Job and Family Services or call Kristen Burgess, Ohio Department of Job and Family Services, at (614) 752-1329 or burgek01@odjfs.state.oh.us.
  • The Ohio Department of Job and Family Services has published a statewide resource guide for kinship families, Relatives Caring for Children: Ohio Resource Guide. Information is provided about the availability of
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Financial Resources Available for Grandparents with Custody of Their Grandchildren

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Raising children takes a lot of money. There is some goods news. Many people are not aware that there are “public benefits” programs available which could help many grandfamilies pay for food and electricity or other monthly expenses including health insurance. The AARP Foundation has established an outreach program and has a new online tool called “BenefitsQuickLINK” and this tool can help adults who are over 50 years old find out if they or the children in their care qualify for any of the 15 benefits included in the tool.

To read the article about the work that AARP is doing and more details on these benefits, go to: Help for Grandparents Raising Grandchildren

 


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Grandparent Custody Issues From a Lawyer’s Viewpoint

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Grandparents Gaining “Custody” of Their Grandchildren: Why? How? Where?

In an ideal world, children should be reared by a loving and caring two-parent family, having both a Father and a Mother, with plenty of caring relatives to assist with parenting activities during times of stress, need, or illness. Today, we are seeing more and more Grandparents taking on the responsibility of primary child-rearing of their Grandchild or Grandchildren. For the sake of brevity, this article is directed to Grandparents seeking “custody” of one Grandchild though they may, in fact, be seeking “custody” of several Grandchildren. Why are we seeing and reading about this happening or phenomenon?

    1. Some parents have problems with untreated mental illness. Our firm recently assisted Grandparents in gaining “temporary custody” of their young Grandson as the child’s Mother has Bipolar Disorder, aka Manic Depressive Disorder. When she adhered to her medication regime, she could provide safe and effective parenting for her Son. When she decided to discontinue her psychotropic medications, symptoms of her mental illness returned and she was not capable of providing for the needs of her Son.

 

  • Some parents have problems
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Grandparent Custody Issues From a Psychologist’s Viewpoint

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Parenting Role Can Take Toll On Grandparents

Derek is an overwhelming challenge to his caregivers. He is active, curious and extremely talkative. Derek is a picky eater, occasionally wets the bed and is an endless bundle of energy. In short, Derek is a normal 3-year-old boy, so why was a psychologist seeing him?

The issue wasn’t really about Derek, but his family. Derek’s dad was absent, and his mom was in a drug rehab program. Derek was being raised by two loving grandparents in their early 60s. When confronted with the choice of foster home placement or caring for their grandson, the grandparents obtained custody of Derek. The grandparents were generally in good health and totally committed to their grandson. Even so, they struggled with the challenges of raising a toddler.

Derek’s situation is not uncommon. Primarily, grandparents raise about 2.5 million children. Twenty-nine percent of these grandparents are more than 60 years of age, and 19 percent of them live in poverty. For 1 million of these children, grandparents are raising these kids for five or more years.

I’ve worked with numerous grandparents who are raising … Read More... “Grandparent Custody Issues From a Psychologist’s Viewpoint”

Domestic violence and some relevant statistics. What do they tell us?

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Domestic Violence is defined as a pattern of behavior utilized to establish power and control over another person. It typically involves an escalating pattern of abuse where one party in an intimate relationship controls the other through intimidation, threats of violence or actual violence. The abusers frequently manage to virtually “brainwash” the victim into believing that it was his/her fault and the abuse or beating was deserved. According to the National Violence Against Women Survey, nearly twenty-five percent (25%) of American women report being raped and/or physically assaulted by a current or former spouse, co-habitating partner, or a date at some time in their lives. Forty percent (40%) of adult Americans say they know a woman who has been physically abused in the past year by a male. In 2006, Ohio Law Enforcement Agencies responded to 71,946 domestic dispute calls (Ohio Attorney General’s Criminal Indemnification 2006 Statistics). Of those calls to the police, 34,021 were categorized as domestic violence incidents. Ohio’s statistics for the year of 2006, show that sixty-five percent (65%) of the alleged offenders were Caucasian; seventy-seven percent (77%) were men; and sixty-seven percent … Read More... “Domestic violence and some relevant statistics. What do they tell us?”

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