Divorce Rates on the Climb as the Economy Recovers

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Recent Spike In Divorce Rates Tied To Economy Study Suggests

divorceInterestingly, while the total number of new cases filed in Ohio in 2012 hit a 10-year low, the same cannot be said about divorce actions.  Ohio has seen a recent spike in divorce after a steady decline for the past decade.  To get a better grasp on why this is occurring, we must first look at the statistics of divorce in the Greater Dayton Area and Ohio in general.

In Montgomery County, according to the Ohio Department of Public Health, the 2010 divorce rate was 65.2 per 100 marriages. The 2009 rate was 60 per 100, and the 2008 was 53.5 per 100.

Comparing Montgomery County to the rest of Ohio in 2010, Montgomery County had a rate of nearly 10 marriages per 100 higher that ended in divorce. (Ohio’s 2010 rate was just over 50 per 100).

A recent divorce study found that nationwide, divorces often increase with the economy.  Meaning the better the economy the more divorces we see.  This is often associated with the expenses that a divorce can cost, illustrating that couples … Read More... “Divorce Rates on the Climb as the Economy Recovers”

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”

What to Do When Therapy Doesn’t Work

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therapistSometimes psychotherapy just doesn’t help in spite of a cooperative child, supportive family and a competent professional. This is a very frustrating situation, not only for the family seeking help but also for the therapist. We’d all like to think that with persistence and professional competence, we have the skills to help any youngster with mental problems.

When a child’s problems don’t diminish, psychologists are ethically required not to continue doing something that doesn’t work. I typically change approaches to better engage the parent and child. If there continues to be no progress, here are the options I present to the family:

  1. Change therapists. Sometimes there is just not a good connection between a youngster and their therapist. This may be due to issues of gender, style, age, or race. I can’t honestly say that I have liked every child or parent that I’ve ever worked with over the years, and sometimes those feelings may be evident during our sessions. This transition is usually difficult for kids, who may interpret a change in therapists as  yet another rejection.
  2. Involve your child in special activities. Some of the
Read More... “What to Do When Therapy Doesn’t Work”

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”

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