Adultery in the Military

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Is Adultery A Crime Under The Uniform Code Of Military Justice?

The Legal Ramifications For Military Members Who Commit Adultery

adultery militaryAdultery is fairly common in our society.  Frequently, adultery is the grounds for many legal separation and divorce actions; however, “marital fault” is not typically given a great deal of attention by our legal systems.  There are some steps individuals can take to help ensure their asset protection from adultery, such as prenuptial agreements, which may limit the ability for one spouse to take part in the estate once the divorce commences.

A research report conducted by the Associated Press found that nearly 22% of men have strayed during their married lives, and nearly 14% of women have done the same.  Even more say that if they could have an affair, and never have the risk of being caught, they would (Men = 74% Women = 68%).

These numbers are staggering, but not totally surprising.  Adultery isn’t a crime, and individuals are more often than not free to act on these urges with no legal ramifications (outside prenuptial agreements).  Things get a bit more complicated if these … Read More... “Adultery in the Military”

Parents: Balance Advice With What Works For You

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How Parents Can Balance Own Perspective And Professional Advice When Raising Their Children

parents childrenWhen it comes to raising your children, how do you balance your own perspective with those professionals who have specialized knowledge and training?

A mom once asked me if it was wrong for her 11-year-old daughter to sleep in the same bed with her and her husband. I immediately began thinking about a variety of reasons about why that arrangement was undesirable. This mom was rather convincing that my concerns did not apply to her family. What may be true for most, she carefully explained, just didn’t apply to her situation.

A few days after his 2-year-old son was viciously beaten and killed, NFL star Adrian Peterson said he was “ready to roll” and played football for the Minnesota Vikings. His behavior defied the conventional wisdom that it was critical to suspend normal activities to work through the grieving process. Was Peterson the role model of resiliency, or an example of a selfish athlete who put his professional aspirations ahead of his family responsibilities and personal mental health?

The mom of a high … Read More... “Parents: Balance Advice With What Works For You”

Military: Immigration Citizenship Laws for Family Members

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Obama Policy Memo Outlines How Illegal Immigrants Can Obtain ‘legal status’ If They Are Family Members Of A U.S. Military Service Member.

Memo Could Affect 65,000 Military Immigrants

militaryA memo released by the Obama administration outlines how and when the administration can legally permit relatives of U.S. service military members who are here illegally to stay in the country on a “parole in place” status.  This will essentially give illegal immigrants “legal status” as long as they don’t have a criminal record and are family members of a U.S. military service member.  This applies to both current and former U.S. military service member family members.

Before Policy Memorandum PM-602-0091, issued on November 15, 2013, relatives here illegally were still able to remain in the country but were required to apply for “parole in place”.  This was often very confusing and convoluted to military service member family members. Additionally, it was not taken advantage of due to the uncertainty and lack of awareness surrounding the matter.  It is currently estimated that nearly 5% of our active duty military members are currently immigrants meaning this law will affect a … Read More... “Military: Immigration Citizenship Laws for Family Members”

Divorce: Addressing High Conflict Cases – Tips and Strategies

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High Conflict Divorce Tied With High Conflict Personalities According To Therapists

divorceOn March 24th, 2014, I traveled from Dayton, Ohio to Mason, Ohio to interview Brenda Patton, Therapist, Parenting Coordinator, and Mediator for The Counseling and Cooperative Parenting Center of Ohio, LLC, also known as “CCPC – Ohio”.  Initially, I was interested in interviewing a spokesperson of this Parenting Center as they were a “private” entity providing supervised visitation or supervised parenting time for families in Montgomery, Warren, and Hamilton Counties. When I learned that the service of supervised visitation had been discontinued in July 2013, I explored other topics of interest. When Ms. Patton advised me that the Center was interested in working with “high conflict” divorce matters, my interest was piqued.

What is a “high conflict” divorce matter?  Ms. Patton defined it as being cases that have a “revolving door” relationship with the Domestic Relations Courts. They are the cases that are never resolved or settled.  Months and/or years after divorce has been finalized, the parties are still returning to Court to resolve unsettled issues relating to support, visitation, selection of schools, selection of treating … Read More... “Divorce: Addressing High Conflict Cases – Tips and Strategies”

Custody Issues: How To Avoid International Child Abduction

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Important Custody Steps to Take to Avoid Child Abduction Overseas

Strong Custody Prevention Key In Avoiding International Child Abduction

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. This is a follow-up article to Parental Abduction: Prevention and Remedies posted by Judi on October 31, 2009.

custody child abductionThere have been many laws and treaties put in place in recent years to assist in the prevention of international abduction.  However, I have been seeing a new complacency in the family court system that has begun to ignore the need for strong prevention, thus further thwarting a parent’s ability to be involved with their child.  Judges in many jurisdictions have been ordering that the objecting parent cooperate in obtaining passports for their children so the foreign national parent can remove the child from the country, often to non-Hague signatory countries. Even though these issues have been addressed, the laws strengthened, and … Read More... “Custody Issues: How To Avoid International Child Abduction”

Supervised Visitation and the Role of Human Service Departments

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What Are The Basic Types And Goals Of Supervised Visitation?

supervised visitationSupervised child visitation can be indicated in cases involving custody; shared parenting; grandparent custody or visitation; divorce; legal separation; post-decree matters; emergency custody situations; abuse/neglect/dependency cases; concerns about parental abduction; and, reintroduction of a parent after a long absence.

Child visitation can be restricted or denied if a court finds that allowing regular visitation would endanger a child’s physical or emotional health.  In numerous situations, courts may order child visitation by stipulating how often visits are to occur, with whom, and whether the visits are to be supervised by a human services employee or some other responsible adult.  If there are protection and safety concerns the visits are supervised.

Such supervised visits also provide an opportunity for workers to observe and document parent-child interactions.

Types and Goals of Supervised Visitation

In many states there are three basic types of supervised visitation providers:  volunteers, paid professionals, or paid therapeutic providers. The latter two categories may include department of human services employees or their contractors. Their role is to protect the integrity of the visit and to provide a … Read More... “Supervised Visitation and the Role of Human Service Departments”

Custody Case Change – The Requirements

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What Legal Requirements Must Be Established For A Custody Case Change In Ohio?

This is a follow-up article to guest contributor Judianne Cochran’s post of March 1, 2014 titled “Custody Issues: Post-Decree Modification in Ohio”.

In that article Judi focused primarily on the importance of hiring a seasoned family law lawyer that frequently litigates post-decree custody matters.  In this article I want to discuss the legal requirements that must be provided to be successful in a change of custody case.

custodyIf you are looking to modify your divorce decree, one of the first major obstacles you will face is determining whether or not you have met the standard for a “change of circumstances” which is required before any modification can occur.  There are a few resources we can look to that provide insight as to what this amounts to, including case law and statutes.

Statute:

Ohio Revised Code Section 3109.04 (E)(1)(a) gives us a quick glimpse and some stern words on what it takes to meet the “change of circumstances” required.

“The court shall not modify a prior decree allocating parental rights and responsibilities for the … Read More... “Custody Case Change – The Requirements”

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