Ohio Family Law Blog

Blast From The Past: Preventing a Parentectomy After Divorce

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How To Prevent A Parentectomy After Divorce

PUBLISHER’S UPDATE:
Here is one of my favorites posts from back on June 27, 2009! The advice rings as true now as it did then…We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

One of the most interesting and well written pieces that I have read in a long time is a keynote address presented by Dr. Frank S. Williams to the National Council for Children’s Rights in Washington D.C. on October 20, 1990. Dr. Williams is a noted child psychiatrist and the Director of Family and Child Psychiatry at Cedars-Sinai Medical Center in Los Angeles. While this presentation was almost 19 years ago, Dr. Williams’ sage advice is no less relevant now than it ever was!

During my 31-year law career, I have focused a large part of my efforts both professionally and as a member of various community organizations and non-profit Boards towards diverse child-welfare related causes. So with that stated background, I whole-heartedly encourage everyone to read Dr. Williams’ … Read More... “Blast From The Past: Preventing a Parentectomy After Divorce”

Dealing with the Holidays if You Are in Divorce Transition…

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PUBLISHER’S NOTE Donna F. Ferber, LPC, LADC is a psychotherapist in private practice for 30 years in Farmington, Connecticut. She is a licensed professional counselor, a licensed alcohol and drug abuse counselor and an educator. In her private practice, Donna specializes in issues related to life transitions. These include but are not limited to divorce, remarriage, chronic illness, loss, relocation. Donna has been a guest contributor to the Ohio Family Law Blog since 2010. We have enjoyed collaborating on several articles over the years.

Every major life event, whether joyful or sad, brings on a period of transition as we adjust to the “new normal.” Even though these periods of transition occur throughout our lives, each requires us to discover a new and unique path as we struggle to move through uncharted waters. The death of a loved one, a divorce, a family estrangement, an illness, or sudden unemployment are some of the changes that shake us to our core. We are challenged in ways we could not imagine.

And in the midst of all this upheaval, the leaves are beginning to turn and the temperatures drop. … Read More... “Dealing with the Holidays if You Are in Divorce Transition…”

Internet Evidence In Ohio: Will It Hold Up in A Court of Law?

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In this day and age, where children can operate their parents smart phones before they can read, where sending a hand-written letter has been replaced by a text, and where anything you could ever want to know is just one Google search away, it is not surprising that technology and the internet have found their way into our court systems. And with all this material so readily available, it begs the question . . . will information found on the internet hold up as evidence in a court of law?

In Ohio, it seems that it depends on the situation. In Bank of Am., N.A. v. Miller, the Second District Court of Appeals was asked by the Plaintiff to take “judicial notice,” and therefore accept factual information found on U.S. Bank’s website.

The Court explained that in order for it to take judicial notice, Ohio courts generally will only do so if a party is unable to deny the information that is posted on the website. In addition, if a party is seeking to use a website document as evidence, it will only be admitted if … Read More... “Internet Evidence In Ohio: Will It Hold Up in A Court of Law?”

GAL: Should a Guardian Ad Litem Be Required to Obtain a Release of Information From the Parties Involved?

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In Ohio, a guardian ad litem (GAL) (also known as a CASA- court appointed special advocate), is appointed by the court to assist a domestic or juvenile court in determining what is in a minor child’s best interest. A GAL does this by reviewing court pleadings, requesting and reviewing records of the necessary parties and children involved, speaking with witnesses, and conducting studies and interviews of the children at home and at school. Because the GAL does not represent either party in the case, it is believed that through their independent investigation they will be able to recommend to the court what outcome is the best for the children.

A critical part of the GAL’s investigation is reviewing the records of the parties involved. Therefore, in Ohio, when the court appoints a GAL to a specific case, the order issued makes it clear that the GAL has the power to review these otherwise confidential documents, and make copies if necessary. The court order usually states that it complies with the Health Insurance Portability and Accountability Act (HIPPA) regulations and states:

“Upon presentation of a copy of this

Blast From The Past: Fathers are Indeed Important!

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PUBLISHER’S UPDATE – Blog Originally Published on January 16, 2010: It is time for another “BLAST FROM THE PAST!” After Court recently, my client thanked me and reminded me about writing this Blog about his case seven and a half years ago. I was once again representing this father in the same rural Ohio Juvenile Court. The child is now 13+ and about to start the 8th grade but really wanted to move out of Ohio to live primarily with Dad and his family and attend school in North Carolina. Dad’s perseverance once again paid off! After a very strong guardians report, the parties agreed to a 1 year trial period for their child to move to the Tar Heel State. This child is indeed blessed to have 2 excellent, loving, and caring parents willing to try to do what is in the child’s best interest! Good parenting by Dad and all his love and his fortitude did once again pay off!

A large body of research overwhelmingly suggests children do best when they have both a mother and a father involved in their lives. Specifically, children … Read More... “Blast From The Past: Fathers are Indeed Important!”

Life Insurance Policies on Ex-Spouses: Can and Should a Divorce Court Allow These?

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Spousal Support Can Be Secured With A Life Insurance Policy

In today’s world, it is not uncommon for married spouses to take out life insurance policies on one another. Of course, if you’re happily married, you hope and pray that you’ll never be in the place of having to cash one in. Nevertheless, such policies provide some “peace of mind” that should the unthinkable happen, the financial burden caused by such a tragedy may be a little easier to bear.

So, having a life insurance policy on your spouse makes sense, right? But what about having a life insurance policy on your ex, or soon-to-be ex-spouse? Can and should a divorce court allow this?

Many people would argue that in divorce cases where child support or spousal support is ordered, it is smart to have a life insurance policy in place on the parent who is obligated to pay. By doing so, it ensures that the children or receiving spouse will be supported even if the other spouse dies.

Therefore, it is fairly common for a spouse who wants to guarantee support, to request that their soon-to-be … Read More... “Life Insurance Policies on Ex-Spouses: Can and Should a Divorce Court Allow These?”

Parents – Are You Worried About Your Kids Online Safety?

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Cellphones and laptops are becoming more and more of a commonality among younger people; and with the popularity of such devices, there comes an immense amount of potential danger attached to them. Some parents may not comprehend the risks before giving their children the privilege of having a cellphone and/or a laptop, but there is a dangerous dark side to a smartphone/laptop while in the hands of a young person.

To try and combat the dangers of cellphone/internet usage by children and teenagers, Bark was created to monitor text conversations of minors. The app works by having parents create an account through the website bark.us, and by starting off with a 30-day free trial, the app is granted access to all of your child’s text messages, email, and even social media accounts. The app monitors your child 24/7 and will send alerts to you if issues are detected by the app’s “watchdog engine” while also supplying “recommended actions and ways to talk about issues as a family”.

Parents Can Use App Monitoring Software Bark To Combat Dangers Of Internet Use

Bark’s “watchdog engine” is engineered through “data … Read More... “Parents – Are You Worried About Your Kids Online Safety?”

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