Custody Issues: Post-Decree Modification in Ohio

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Several Things To Know If You File To Modify Your Post-Decree Custody Order

Hire A Qualified Family Law Attorney To Present And Argue Your Custody Case

Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio.

custody post-decreeThere are several issues that you need to address if you have decided that you need to modify your original custody order.  The first is whether your case meets the necessary criteria for modification – the primary of which is a “change of circumstance”.  One thing you must understand is that this does NOT include the myth that at a certain age the child can make a choice – this is not supported by law. A child’s wishes may be considered but are not valid grounds to modify a custody order.  For the child to have any voice in the issue, you will probably have to have a Guardian ad Litem (GAL) appointed to assess … Read More... “Custody Issues: Post-Decree Modification in Ohio”

Adoption in Ohio: Sweeping Changes May be on the Horizon

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Proposed Changes To Ohio Adoption Laws Will Erode Putative Fathers’ Rights

Reduction In Contest Time To Favor Adoption Parents In The State Of Ohio

adoption ohio putative fathersOn January 29, 2014, the Ohio House of Representatives passed Substitute HB 307, the “Adoption Reform Bill” or, as dubbed by some, the “Make Adoption Cheap and Fast Bill.”  Ohio Right to Life groups advocated and lobbied for the Bill’s passage.  The Bill was proposed and passed in the general assembly with seventy seven (77) affirmative votes and only fourteen (14) negative votes.

Why is HB 307 important?

HB 307 is very important due to the significant time changes it imposes on putative fathers, the tax benefits it provides for adoptive families, and the clarifications it makes to previous legislation.  Many family-law practitioners are expressing concerns that the steep reduction in putative fathers’ rights further erodes the already declining rights of putative fathers in Ohio.  To be clear, a “putative father” is one believed to be the father of a child born out of wedlock (without benefit of marriage), unless proved otherwise.

What does HB 307 propose for putative fathers?

HB 307 … Read More... “Adoption in Ohio: Sweeping Changes May be on the Horizon”

Divorce Matters in Ohio: Limited Representation

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Hire A Divorce Attorney Or Save Money With Limited Representation?

divorce limited representationWhen married couples decide on a divorce, a number of things can happen.  When one party decides to file for the divorce, they can either attempt the divorce pro se (without a lawyer) or hire an attorney. There is another option.

The middle ground occurs when firms and divorce attorneys offer “unbundled legal services.”  This is also called “limited scope representation” and occurs when a divorce attorney or firm reviews or creates the documents, and informs the pro se filer when and where to file, but does not offer any other legal advice.   Essentially sending you on your way with a “complete” divorce packet.

After the documents are prepared, the divorce can continue without attorney representation.

Limited representation arrangements are relatively new in Ohio.  While designed to help consumers with “low cost” representation options in simple divorces cases, they can also create a quagmire between the Ohio Rules of Professional Conduct and a lawyer’s duty to represent their client to their fullest ability.  According to the ORPC 1.2, an attorney and client may limit the scope … Read More... “Divorce Matters in Ohio: Limited Representation”

Divorce: Not a Do-It-Yourself Project

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Tips On How To Move Ahead In Divorce

Help And Support From Professionals Key To Moving Forward In Divorce

divorceFrequently, people who are unhappy in their marriages wait until after the holiday season to move ahead with the dissolution of their marriage.  If you are one of those folks who have made this decision, you know it is not easy to make that first move.  Sometimes people struggle for years in unhappy relationships before they decide it is time to end the marriage.

How to move ahead?  Find a good lawyer and therapist.  They will be part of your team as you begin the arduous process of untangling your marriage.  These professionals will help and support you through the process – making sure that when your divorce is final, you are as secure as you can be – both emotionally and legally.

No doubt about it – divorce is a major life changing decision.  It is a stressful time – you, your spouse and your children will be impacted emotionally, financially, practically and legally.

So, it is surprising when so many couples decide to proceed with the … Read More... “Divorce: Not a Do-It-Yourself Project”

Paternity Establishment in Ohio – Parenthood Outside Of Marriage

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Acknowledgment Of Paternity Is A Legal Commitment To Parenthood

paternityBirth of a child.

When a child is born, a few things happen that determine parenthood.  Obviously, the mother is known instantly.  After the birth, the natural mother and alleged father sign an “acknowledgment of paternity affidavit” at the hospital or a local child support enforcement agency.  The execution of it is notarized.

After the acknowledgment of paternity affidavit is signed and notarized, it is sent to the office of child support.  Once the office receives this paternity document, it must send it out after no later than ten (10) days to be corrected by the parents.  After all these paternity documents have been completed correctly, the department will enter the information into the birth registry, officially cementing the natural mother and alleged father as the parents of the child.

Oh No! You’re not the father, what now?

What if, following the filing and registering of the birth information listing you as the father, you discover that you’re not the father?

The Ohio Revised Code lists specific circumstances that must occur in order for you to rescind your … Read More... “Paternity Establishment in Ohio – Parenthood Outside Of Marriage”

Family Visitation Center In Greene County, Ohio

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Attorney Anne Shale Takes A Tour Of The Family Visitation Center In Greene County, Ohio

Family Visitation Center Provides Services For Families Needing Assistance With Visitation Exchanges

Family Visitation CenterOn December 10, 2010, I visited Erma’s House in Dayton, Ohio in order to gain information to write an article about the Visitation Center for Montgomery County, Ohio.  On December 23, 2013, I had the opportunity to visit and tour the Greene County Family Visitation Center located at 143 East Market Street, Xenia, Ohio 45385 to learn about the services provided by the Family Visitation Center.  I had the privilege to meet and spend time with Libby Powers, Program Coordinator and Mediator for the Family Visitation Center.  The Family Visitation Center is located in a former two (2) story residence which provides the facility with a “homey” atmosphere and a warm/friendly environment.

Family Visitation Center Mission Statement:

The Greene County Family Visitation Center’s mission is to provide supportive supervised visitation and exchange services in a neutral, safe, comfortable and structured environment.

Family Visitation Center History:

The plan to create a supervised visitation program was the result of collaborative planning efforts … Read More... “Family Visitation Center In Greene County, Ohio”

Name Change For Child – Disputes Between Unmarried Parents

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General Factors Ohio Courts Consider When Unmarried Parents Clash Over A Child’s Name Change

name changeThe process of changing your child’s last name (name change) can be quite involved. If there is a dispute between unmarried parents as to their child’s surname, there are some general name change factors that Courts in Ohio consider.

Changing the Name of a Juvenile Child

Bobo v. Jewell, the court described their review process for determining the surname of a child born to unmarried parents.  The elements to be considered in a name change were:

  1. Length of time that the child has used a surname;
  2. The effect of a name change on the father-child relationship and on the mother-child relationship;
  3. The identification of the child as part of a family unit;
  4. The embarrassment, discomfort or inconvenience that may result when a child bears a surname different from the custodial parents;
  5. The preference of the child if the child is of an age and maturity to express a meaningful preference; and,
  6. Any other factor relevant to the child’s best interest. Courts should consider only those factors present in the particular circumstances of
Read More... “Name Change For Child – Disputes Between Unmarried Parents”
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