Parenting Arrangements: Experts Weigh in on Temporary Guardianship for Child

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When Do Informal Parenting Arrangements For Child Need Approval from the State?

Professor Dan Pollack contacted me several months ago requesting some input about this topic from the perspective of an Ohio family law attorney. Dan is an excellent writer and has posted articles as a guest Contributor to the Ohio Family Law Blog since 2009. I was pleased to see that my comments made it to his recent article published in Policy & Practice, 74 (2), 25, 28-29. Thanks Dan!  Keep up your quality scholarship and writing!

parenting arrangements child ohioIt is axiomatic that ideally it is best for children to be cared for by their parents. Yet, on an informal basis, thousands of children reside for extended periods of time with a caregiver who is not their parent. Often they are the child’s relatives, sometimes they are friends or acquaintances of the child’s family. This may be done to accommodate unique family dynamics, after-school or social activities, or for a variety of other reasons.  Such time-efficient and cost-effective parenting arrangements are accomplished without involving any lawyers or signing any legally binding documents. All things being equal, is there … Read More... “Parenting Arrangements: Experts Weigh in on Temporary Guardianship for Child”

Protection Order: Proving Domestic Violence in a Court of Law can be Difficult

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When Things That Go Bump In The Night Are Not Sufficient Evidence For A Domestic Violence Civil Protection Order

protection order domestic violenceA couple weeks ago, my brother and I went back to our homeland of California to visit our parents and help them get ready for their move back to Ohio.  Nothing too crazy, just packing and re-sodding the yard.  And an occasional beer or two in the morning hours while we worked.  Don’t judge.  We were on “vacation” and that whole time change thing was happening.  In any event, one morning we finished up our chores and were watching some television.  While flipping through the channels we came across Nightmare on Elm Street 2: Freddy’s Revenge.  Not wanting to pass up a great slasher movie, we started to watch it.  About fifteen minutes in it became more of a comedy than a slasher movie.  But back in the 1980s that movie was crazy scary!  Like most slasher movies it had all the elements of the main characters getting messed with by Freddy until the big finale where they have to take Freddy on.  By now you have … Read More... “Protection Order: Proving Domestic Violence in a Court of Law can be Difficult”

Happy Marriage Must Include Positive Emotions

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Should Couples Use Positive Emotions to Avoid Relationship Dissatisfaction? Research Suggests That A Happy Marriage Involves How We Respond to Our Partner’s Good News

happy marriage emotionsA recent study claims that the key to a happy marriage may be simpler than we think.  According to Raluca Petrican, R. Shayna Rosenbaum and Cheryl Grady of the Rotman Research Institute, a happy marriage is comprised of partners who are especially sensitive to their spouse’s positive news and experiences.

It is well established that being there for our partner in their time of need is an important part of a healthy relationship. However, this research seems to indicate that overall relationship satisfaction depends just as much on how our partner reacts to good information that we share.

In their research, Petrican and her colleagues studied 14 women with an average age of 72, who had been married an average of 40 years.  To read their full report, click here. These women all completed a marriage questionnaire and then were asked to watch silent, 10 second videos while having their brains scanned.  These videos either depicted their spouse or a stranger displaying … Read More... “Happy Marriage Must Include Positive Emotions”

Tax Deduction: Divorce Legal Fees

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Are Your Legal Fees From your Divorce Tax Deductible? Tax Deduction Often Overlooked!

tax deduction divorceGenerally speaking, the IRS does not allow a write-off for court costs and legal fees stemming from a divorce.  It does, however, offer deductions for any portions of those fees related to tax advice and alimony.

What Fees Can Be Considered Tax Deductable During A Divorce?

According to the IRS, legal fees that are specifically spent to collect spousal support can be included under “other expenses” with the itemized deductions listed on Schedule A of tax form 1040.  This write-off is also available for any proceeding in which a spouse is attempting to collect taxable spousal support, increase the amount of support, or collect any past due amount. It is important to note, however, that the IRS does not allow a deduction for the cost of trying to collect non-taxable income during divorce, such as overdue child support or temporary spousal support.  In addition, it does not allow for the deduction of any of your spouse’s legal fees that you may be ordered to pay.  What it does allow for is a … Read More... “Tax Deduction: Divorce Legal Fees”

Divorce: Helping Children Succeed After Divorce Seminar – Hosted By The Greene County Domestic Relations Court

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Greene County Domestic Relations Court Seminar To Help Children Succeed Post Divorce – A Review and Breakdown

divorce seminar childrenOn Saturday, February 22, 2016, I had the opportunity to attend a seminar entitled “Helping Children Succeed After Divorce.” The seminar was held at the Greene County Domestic Relations Court located at 595 Ledbetter Road, Xenia, Ohio. The cost for attending the program is included in the Court’s filing fee for either a divorce, dissolution of marriage, or legal separation proceeding. The Court has three (3) two-hour seminars per month to accommodate the working schedules of all parties. Two seminars are held in the evening from 6:00 to 8:00 p.m. and one seminar is held on one Saturday per month from 9:30 a.m. until 11:30 a.m.

Parents of minor children are “ordered” at attend this seminar and a failure to attend could result in a loss of parenting time (also known as visitation) until the non-compliant parent attends the seminar. To schedule an appointment time for the mandatory divorce seminar, parties are instructed to call (937) 562-6249, Extension 0 to schedule their date and time to attend the workshop. … Read More... “Divorce: Helping Children Succeed After Divorce Seminar – Hosted By The Greene County Domestic Relations Court”

Native American Divorce Court: Potential Issues When A Spouse Is A Member Of A Native American Tribe

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Does a State Court Have Jurisdiction Involving Native American Couples In Divorce, Domestic Relations And Marital Assets?

native american divorceThroughout the years and probably over dozens of cases, the United States Supreme Court has it made clear that Native American tribes are self-governing and sovereign entities whose powers are only limited by the federal government. As a result, reservations are considered independent of state and local power.  With that in mind, what happens when a state court is presented with a divorce where one spouse is Native American?  Does a state court even have jurisdiction (the right to hear a case and make a decision), or power over an enrolled tribal member?  Does a state court have the ability to divide Native American assets upon divorce?

To start, a Native American tribe has jurisdiction over any domestic relations dealing with their members or arising out of their land.  However, in 1953, Congress enacted Public Law (PL) 280 (codified as 18 U.S.C. 1360).  This federal law established a method whereby states may assume jurisdiction over criminal offenses involving Native Americans on tribal lands. In addition, PL 280 opened state courts … Read More... “Native American Divorce Court: Potential Issues When A Spouse Is A Member Of A Native American Tribe”

Court Interpreters in Ohio Provide Accuracy In Legal Proceedings

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The Use of Qualified Court Interpreters in Ohio And Their Interpreter Certification Requirements

court interpreters interpreter ohioOn November 14, 2015, an article entitled, “Ohio Domestic Relations and Juvenile Forms Translated in Five Languages” was posted to this blog.  In it, I discussed how recently the Ohio Supreme Court made key juvenile and domestic relations forms available in the most used languages in Ohio including: Spanish, Russian, French, Chinese and Arabic.  To read the full text of that article click here.

While these documents are a huge step toward litigants being able to engage in “meaningful participation” in the proceedings in which they are involved, the fact of the matter is, the understanding and filing of these forms is only one hurdle that must be overcome for deaf and non-English speaking parties. Despite the fact that the party was able to understand the paperwork leading up to the court proceeding or hearing, the litigant must still be fully involved and be aware of what is going on at the time of the actual proceeding.  As a result, the use of an interpreter is often necessary to ensure this occurs.

Ohio … Read More... “Court Interpreters in Ohio Provide Accuracy In Legal Proceedings”

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