Ohio Family Law Blog

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”

Divorce Causes American Family Size to Increase By 66%

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Divorce Study Reveals Stepkin Increase In American Households

The results of a recent divorce study indicate that the size of American families have increased 66%; a number largely attributed to stepchildren and stepparents that often follow divorce and the formation of new families after the fact.

The divorce study, entitled “Stepfamily Structure and Transfers between Generations in U.S.,” interviewed tens of thousands of people from approximately 9,000 different households in order to gain a better understanding of how stepkin relationships and the accompanying bonds, differ from biological ones.

Ultimately, researchers estimated that nearly 30% of American households have a stepkin tie from either parents or children. Twenty percent of families have at least one stepparent and over 10% have at least one adult stepchild. Generally speaking, the study showed that familial ties are not as strong with stepkin. More specifically, people are less likely to give their time and money to stepchildren and/or stepparents.

For example, the study showed that parents with stepchildren are 11.3% less likely to give them their time as compared to their biological children, and stepparents are 13.3% less likely to receive time … Read More... “Divorce Causes American Family Size to Increase By 66%”

Blast From The Past: Divorce: Relocation Issues in Ohio

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PUBLISHERS NOTE: Looking back over the last 10 years of Ohio Family Law Blog articles is always fun for me! Here is another BLAST FROM THE PAST written by Attorney Anne Shale and published on January 21, 2008. I have edited it to include the current relocation language from Montgomery and Greene Counties.

Divorced And Thinking About Relocation? Read This Before Taking Any Action!

Twenty to thirty years ago, there was no issue related to “relocation”. There was a custodial parent, usually the Mother, and a non-custodial parent, usually the Father. If Mother wanted to relocate to return to the home of her family, to join her new husband at his next assignment, or to find a better paying employment position, Mother simply relocated or moved to her next city or state of residence.

Today, the issue of “relocation” has become an issue of much importance. Fathers’ rights have come to the forefront as Fathers have become more involved in the rearing of their children. My father never changed a diaper, never bathed or dressed me or my siblings, and certainly was not … Read More... “Blast From The Past: Divorce: Relocation Issues in Ohio”

Divorce Study: Is There Support for The “Mars versus Venus” Theory?

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New Study Examines Differences Between Informational Support and Emotional Support

When John Gray wrote Men are from Mars, Women are from Venus, his primary message was that in relationships men are usually the problem solvers and women are usually the ones wanting more empathy and understanding. Many therapists were critical of Gray’s book written in 1992, citing lack of research for his conclusions about gender differences. However, studies about the differences between informational support and emotional support conducted by University of Maryland and Wyoming psychologists Lorenzo, Barry and Khalifian, support John Gray’s theory. Click here to read the study.

In their published report, the psychologists studied 114 couples female/male who were newlywed and in their first marriage. They were studying the differences between two types of support, emotional support and informational support. They were examining the type of support preferred by an individual vs. the support type he or she received to see how overproviding or underproviding of the two types of support affected the happiness of the individual in the marriage.

Study Reveals Emotional Support Preferred By Both Parties

The study found that men … Read More... “Divorce Study: Is There Support for The “Mars versus Venus” Theory?”

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