Ohio Family Law Blog

Blast From The Past: In Camera Interview of Children in Divorce Court

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PUBLISHER’S NOTE: “Here is a good article on in camera interview by Attorney Anne Shale from 2008. Nothing has really changed in 10 years about this interview process for the Court to obtain insights about the child’s wishes in a contested custody or parenting time case. All this is geared towards figuring the “best interest” of the child.”

Should You Let Your Child Participate In An In Camera Interview?

What is an in camera interview?

The phrase “in camera” is a Latin term defined in Black’s Law Dictionary as: “In chambers; in private.” The interview does not involve a camera or a videotape at all! If a party is asking for the Court to have an in camera interview of a minor child, the request is for the Judge or Magistrate to interview the minor child privately with neither parent or his/her attorney being present. An Appellate Court in Michigan said it very well years ago . . .

“A child custody determination is much more difficult and subtle than an arithmetical computation of factors. It is one of the most demanding undertakings of a trial

An Expensive Wedding, Is it a Road to Divorce?

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Will Spending MORE Money On Wedding Planning Mean A Longer Lasting Marriage?

Most little girls grow up dreaming of the picture perfect wedding. If one scrolls through wedding magazines, or the many wedding planning sites on the internet, or through the myriad of ideas on Pinterest, it would be easy to plan the dream wedding. However, all those details will add up to a hefty price tag. According to https://www.theknot.com/, a popular wedding planning site, in 2017 couples were spending on average $32,641 on a wedding! In New York City, and other large metropolitan cities, that figure is closer to $77,000. YIKES!

Beware! Not only will the amount of money set you back considerably, a recent study conducted by economics professors, Hugo M. Mialon and Andrew Francis-Tan, found that couples who stick to a strict budget are far more likely to stay married than couples who spent extravagantly. Their survey studied marriages and the weddings of more than 3,000 couples in the United States. Starting with the engagement ring, when men spent between $2,000 and $4,000 on a ring, the risk of a divorce … Read More... “An Expensive Wedding, Is it a Road to Divorce?”

Obtaining a Divorce While Abroad; Not as Challenging or Cumbersome as Meets the Eye…Maybe

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Ohio Divorce Abroad: What You Need To Know!

Good News For Couples Seeking An Ohio Divorce Abroad

So you and your spouse have made the decision to separate, but there’s one more catch added on to the already long list of catches: you’re living overseas. Divorce law in the United States is primarily left to the states, and with each state choosing to recognize different aspects and origins of a foreign divorce, it may just be easier and less of a headache to file for a divorce in the state where at least one of you has residency.

Since you live overseas, it could be either difficult or expensive (most likely both!) to travel to the courthouse for your divorce proceedings, but there is good news: in Ohio, some courts are now letting parties appear in court through contemporaneous transmission (i.e. video-chat). Now, this isn’t a guarantee that you’ll be able to just stay completely out of the courtroom, but if you can convince the judge that it is a compelling interest, and that the appropriate safeguards are taken, then you might have a solid case … Read More... “Obtaining a Divorce While Abroad; Not as Challenging or Cumbersome as Meets the Eye…Maybe”

Grandparent Custody Issues From a Lawyer’s Viewpoint

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Grandparents Custody In Ohio

PUBLISHER’S NOTE: Tomorrow is National Grandparents Day. While perhaps it is not a well recognized day, it should be. Grandparents are raising more and more children every year. In addition, the importance of their role in our society can not be overstated. This article posted on the Ohio Family Law Blog 10 years ago by Anne Shale, still serves as an excellent primer about grandparent custody in Ohio. In honor of all the grandparents out there, I want to say “thank you” for all your efforts, sacrafices and the love that you share!”

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 … Read More... “Grandparent Custody Issues From a Lawyer’s Viewpoint”

Blast From The Past: The Role and Functions of a Guardian ad Litem in the State of Ohio

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What exactly is the role of a Guardian ad Litem In the State Of Ohio?

PUBLISHER’S NOTE: “Over the years this GAL post has received a lot of interest. Confusion is commonplace for parents about the purpose of a Guardian ad Litem and how the process works. Let us know if you have any GAL issues in Dayton or Southwest Ohio.”

What is a Guardian ad Litem?

A Guardian ad Litem (“GAL”) is usually a lawyer appointed by the Court to appear in a lawsuit on behalf of an incompetent or minor party. In Juvenile Court cases and Domestic Relations cases, the Guardian ad Litem is appointed on behalf of a minor child or minor children in custody, visitation, and/or other disputed child-related issues.

What does the Guardian ad Litem do?

The Guardian ad Litem is appointed by the Court to undertake an investigation of custody issues, visitation issues, and other parenting issues before the Court. The Guardian ad Litem is expected to meet with each parent individually and to meet with each parent and the child or children to be able to observe the interaction between … Read More... “Blast From The Past: The Role and Functions of a Guardian ad Litem in the State of Ohio”

Marriage: For Better…Or for Worse?

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Married Couples No Longer Healthier Than Single Individuals According To Marriage And Health Study

In the past, marriage, happiness, and good health have all been intertwined. But believe it or not, saying your vows and promising to love someone through the good times and the bad times, does not guarantee that you will never get sick, experience hardships, or run into obstacles in the coming years. It does not place a big sign over your head that says, “I’M MARRIED. Stress, anxiety, and hardships please stay away!” Instead, a marriage helps to create a foundation for you to grow with someone and it provides you with someone that you can count on. Marriage creates a pathway for open communication and endless opportunities.

Did You Know That Marriage Can Have a Pretty Substantial Effect on Your Health?

Recently, Dmitry Tumin, a sociology researcher from Ohio State University conducted a study in which he compared married couples who were born between the years 1955 and 1984. Click here to link to the study. Astoundingly, his study concluded that the overall health benefits of marriage have drastically decreased.

The Guardianship Versus the Power of Attorney Conundrum in Ohio

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An Inexpensive General Power Of Attorney Document May Be All That You Need Instead Of A Guardianship

Many times, I have been contacted by a client or potential client who requests to initiate a guardianship application for a family member because a doctor has diagnosed the family member with dementia and suggested that a guardianship was necessary. However, this is not always the case and additional questions need to be asked and additional options need to be explored before reaching such a conclusion.

I always look at a situation such as this as reaching a fork in the road with two potential routes to take.

GUARDIANSHIP OPTION:

One route is a guardianship. This is a legal proceeding involving the probate court in which a judicial determination must be made that the ward is not competent to handle his or her personal affairs. There is a guardian of the person to take care of the individual and his or her own personal needs and a guardian of the estate to take care of the wards assets. A guardianship should be the option of last resort. It involves court … Read More... “The Guardianship Versus the Power of Attorney Conundrum in Ohio”

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