An Ohio Landlord’s Primer to Evictions

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tenant eviction ohioShould one get into the landlord-tenant business and stick with it long enough, one will probably, at some point, have to deal with evicting a tenant in Ohio.  With respect to this eviction area, there are certain basic rules that you must know.

First, most landlords know that it is good common sense for a landlord to set up as a corporation or a limited liability company and then transfer the rental property into the business entity.  This is so that if there is ever an accident on the property or a dispute, the landlord’s personal assets are protected.  However, if the landlord is a corporation or an LLC, the business entity cannot represent itself in court for an eviction.  In Ohio, a corporation or an LLC must be represented in court by an attorney in an eviction action.

Eviction Of A Tenant, Basic Rules In Ohio You Must Know!

Second, in Ohio, with respect to residential property, self-help is strictly prohibited.  If a tenant fails to pay his or her rent, you cannot just change the locks and retake possession of the property.  You … Read More... “An Ohio Landlord’s Primer to Evictions”

Shared Parenting: Kentucky Governor Signs New Law, Is Ohio Behind the Times?

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How Does The New Shared Parenting Law Signed In Kentucky Impact Ohio?

Shared Parenting law custody divorceKentucky took a step closer on April 12, 2017 to making shared parenting in instances of divorce the norm in the state.  House Bill 492, received unanimous support in both the House and Senate.  The new law was also supported by an overwhelming amount of research showing it is in a child’s best interest to have as close to equal time with both parents in instances of divorce, particularly early on in the process.

“Children are now more likely to see both parents regularly after a divorce, which is a huge win for the children of Kentucky considering research consistently shows shared parenting is in the best interest of children when their parents divorce,” said Matt Hale, Chair of National Parents Organization of Kentucky. “Plus, parents are no longer in the high-conflict winner win all and loser lose all situation”.

The new law amends KRS 403.280, allowing a court to adopt a prior parental temporary custody agreement as the court’s temporary custody order. However, the agreement must be mutually agreed upon while adequately … Read More... “Shared Parenting: Kentucky Governor Signs New Law, Is Ohio Behind the Times?”

Gambling: The Consequences Of Financial Misconduct In A Divorce

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Overview on Ohio Divorce Law: Gambling as the Basis for Financial Misconduct and Unequal Division of Marital Assets Upon Divorce

Gambling financial misconduct divorceGambling exists in every state (even in Utah and Hawaii where it is illegal), but not everyone gambles the same.  If gambling gets out of control, it becomes a real medical condition. A “Gambling Disorder”, as the affliction is known, affects slightly more than 2 percent  of all U.S. adults. According to the Mayo Clinic, “Gambling can stimulate the brain’s reward system much like drugs such as alcohol can, leading to addiction”. Individually, male gambling addicts typically accumulate an average debt between $55,000 and $90,000.  Female gambling addicts average a $15,000 debt, by one estimate. But as one might expect, most gamblers do not have sufficient resources to pay back what they owe. As a result, gambling addicts develop a high tendency to, suffer from other health issues, lose their jobs, commit crimes, and strain their relationships and marriages. Research indicates that Ohio is tied for 4th of states with the highest percentage of adults with gambling disorders., not surprisingly, as a divorce lawyer, … Read More... “Gambling: The Consequences Of Financial Misconduct In A Divorce”

Estate Planning for Second Marriages

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The Need For Proper Estate Planning In Second Marriages

Researched and written by Tammy Chavez, third year law student at the University Of Dayton School Of Law, and a former law Extern for our Firm.

Estate planning Plays A Crucial Role For Second Marriages

estate planning second marriagesNowadays, second marriages are not uncommon. In fact, 40% of all new marriages involve remarriages. Regardless of the reason for remarriage, estate planning is more important than ever for second marriages. Estate planning plays a crucial role for second marriages, in ensuring a person’s assets are distributed according to his/her wishes.

In order to relieve some of the confusion surrounding estate planning with second marriages, I had the opportunity to discuss this confusing topic with Holzfaster, Cecil, McKnight & Mues’ very own specialist in Estate Planning, Trust and Probate Law, Mr. Joseph Balmer.

In interviewing Mr. Balmer, he stated “three things that I always want to look at are: (1) are we looking to take care of the spouse during her lifetime while also preserving assets for the children of a prior marriage? (2) How do we need to title … Read More... “Estate Planning for Second Marriages”

In Ohio, Might You Be Liable for the Actions of Your Children? You Might be Surprised!

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Parents Could Be Held Liable For Their Child’s Wrongdoing. A Look At 5 Areas Parental Responsibility Laws Regulate In Ohio

Parents Take Note – You Could Be Liable For The Actions of Your Children!

parents liable responsibility law

The answer to that question is “It depends on the facts”.  There are five (5) general areas that parental responsibility laws in Ohio regulate.

  1. PERSONAL INJURY BY ASSAULT: In Ohio, a parent can be sued civilly and held liable for the willful assault of their minor child if the force is likely to produce great bodily harm. This liability does not extend to accidental injuries. The parents liability is limited to $10,000, plus court costs. See O.R.C. Section 3109.09.
  2. PROPERTY DAMAGE & THEFT : A parent (or legal guardian) can be liable, just as in number 1 above, for up to $10,000, plus reimbursement of the claimant’s cost of taking the matter to court, if a minor in the parent’s custody willfully damages property belonging to another. This law focuses on property damage as well as theft. If the judgment arises out of a school incident, the court may by agreement order
… Read More... “In Ohio, Might You Be Liable for the Actions of Your Children? You Might be Surprised!”

Sexual Abuse: May a Foster Child Sue Their Biological Parent for Abuse?

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Foster Child Sexual Abuse And Abolishing the Parental Immunity Doctrine

sexual abuse parental immunityRemoved from their biological parents, the children were placed in foster care. The court and all the professionals held out hope that the children would one day be reunified. Toward that end, under court order, unsupervised visits were gradually introduced. Unfortunately, those unsupervised visits were occasions for the biological father to molest his own children in plain sight of the mother.

Eventually, the children sought to sue their mother. May they? Aside from the practical aspect of the mother having insignificant assets, what is the legal answer? The mother was present when the children were being abused. She saw their plight in time to act so the children could avoid being harmed and she knew, or should have known, that a legal duty existed to protect them. In such a circumstance, when a child suffers an injury resulting from a parent’s failure to adequately protect, should there be an actionable tort against the biological parent?

Can A Minor Child Bring A Civil Lawsuit against his or her parent for personal injuries arising out of sexual abuse? Parental

… Read More... “Sexual Abuse: May a Foster Child Sue Their Biological Parent for Abuse?”

Equal Overnight Time With Dad Benefits Children of Divorced Parents

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Father-Child Relationship is Strengthened by Equal Overnight Time.

Parents Have Better Relationships With Their Children Under Equal Overnight Time

Equal Overnight TimeCouples with children who end up divorcing know that parenting time is often a source of contention. Historically, mothers were often awarded more time with the children, especially when it came to overnights.

However, new research may make these types of arrangements a thing of the past.

A recent study published in the American Psychological Association Journal Psychology, Public Policy and Law, Vol 23(1), Feb 2017, 68-84.that young children who spend equal overnight time with both divorced parents have better relationships with them in the future. Click here to read the study.

William V. Fabricius and Go Woon Suh surveyed students whose parents divorced or separated before they were 2 years old.

The results showed that the more equal overnight time the child spent with the parent at a young age, the better their relationship was as they got older. Researchers also found that spending the night was especially critical when the child was a toddler, as no number of overnights later-on could compensate for the bond established … Read More... “Equal Overnight Time With Dad Benefits Children of Divorced Parents”

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