Rape Aftermath: Child Custody And Control

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Can a Rapist Obtain Custody and Visitation of a Child Conceived Through Rape?

rapeVery few states have statutes limiting the ability of a man who fathered a child through rape from asserting his parental rights.  Rape and its aftermath is a serious and significant problem faced by our country.  Though many rapes go unreported, it is estimated that roughly 25,000 women become pregnant through rape each year. A significant amount of women who become pregnant through rape each year choose to raise their children.  Despite this, surprisingly little statutory protection exist for these women who chose to raise their children.

Statutory Protections Limited In Rape Parental Rights

Every state imposes criminal sanctions for rape. However, only sixteen states have promulgated statutes which aid women who became pregnant through rape and decided to raise their children. A man who fathers a child through rape has the same rights as any other father with respect to their children. Even in states offering some kind of statutory redress, the protections are typically quite limited. Several of the states with statutes offering redress require a conviction before there will be a … Read More... “Rape Aftermath: Child Custody And Control”

Same-Sex Marriage in Ohio: The Debate Begins!

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Ohio Judge Recognizes Same-Sex Marriage Performed In Another State As Legal

same-sex marriageOn Monday, federal Magistrate Judge Timothy Black could have opened the door to more lawsuits regarding same-sex marriage in Ohio.  Judge Black issued a temporary restraining order against multiple public officials (including Governor Kasich and Attorney General Mike DeWine) which prohibits those persons from enforcing provisions of Ohio law which prohibit state officials and institutions from recognizing same-sex marriages lawfully performed in other states in the case of Obergefell, et al. v. Kasich, et al., W.D.Ohio No. 1:13-cv-501 (July 22, 2013).

Background:

Jim Obergefell and John Arthur have been together for over 20 years.  John Arthur is currently bedridden with ALS, a neurological disease which all parties agreed will take his life in the very near future.   With the United States Supreme Court’s recent ruling in United States v. Windsor, striking down the federal Defense of Marriage Act (DOMA), Jim and John decided it was time to take the plunge and get married.  Knowing that same-sex marriage is not permitted under Ohio law, Jim and John needed the marriage solemnized in one of the … Read More... “Same-Sex Marriage in Ohio: The Debate Begins!”

Parent Questionnaire and Information Sheet

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Completing the Parent Questionnaire/Information Sheet in Your Divorce

parentIf you are a resident of the State of Ohio and the County of Montgomery, Rule 4.28 of the Local Rules of the Domestic Relations Court, reflects that the “Court requires that all parties in divorce or legal separation cases involving minor children, complete and return to the Court a Parent Questionnaire and Information Sheet prior to the final hearing in the proceeding. What information is addressed by the Parent Questionnaire and Information Sheet?

The Court is making inquiry regarding certain basic information from each party:

A.  Personal Information. The Court is seeking information as to the party’s mailing address, telephone number(s), current position of employment, current work schedule, employment history, and name and phone number of the party’s attorney.

How could this information be useful to the Court? The Court would see “red flags” if a party is without current employment as issues would be raised as to child support and spousal support. The Court would be much happier to see that both parties are gainfully employed with decent incomes.

B.  Marital History. Have the parties … Read More... “Parent Questionnaire and Information Sheet”

Custody Issues: Finding a “Qualified” Therapist

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Tips On How To Select The Right Therapist In Serious Custody Cases

custodyI have been asked repeatedly what is meant by “qualified” when selecting a therapist to deal with issues related to contentious custody situations.  Too often much valuable time is wasted on counselors who have no experience dealing with the ramifications of custodial interference, parental alienating behaviors and repeated false allegations.  Too many people just look at the words “family counseling” and don’t go the extra interview step to discover what experience the counselor has in custody issues and whether the person has even been qualified to testify in court.   Often the random selection of therapists does more harm than good and the client finds himself back at square one after the therapist finally admits the situation is outside his/her abilities and expertise.

Now that DSM-5 has finally included these behaviors, the effect on the parent-child relationship and the devastating psychological effects on the children, it is extremely important to select well skilled and qualified therapists.  This means the first “list” should be comprised of those psychologists and psychiatrists who have experience with these serious custodyRead More... “Custody Issues: Finding a “Qualified” Therapist”

DOMA Ruling: The Impact of this Historic Supreme Court Decision

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How Will DOMA Affect Individuals In Other States?

DOMAIn a 5-4 decision, the Supreme Court overturned the federal 17-year-old DOMA act (Defense of Marriage Act), leaving many people wondering the effects this ruling will have on same-sex couples in their state.  Hopefully the following information might be helpful when trying to understand this major decision in the United States v. Windsor case. In order to dispel a misconception, it should be noted that this decision does not require states to recognize same-sex marriages.

The primary point to take away from this ruling is that it will ONLY affect individuals residing in the 13 states* and the District of Columbia that have legalized gay marriage.  So, in Ohio, the DOMA ruling will not have any real present substantive affect.  But it may end up becoming a step forward in legalizing gay marriage.

Now that DOMA has been overturned, legally married same-sex couples in those specific states will be granted the same federal benefits to which heterosexual married couples have been entitled.  These benefits include social security, estate tax, joint tax-returns, military benefits, health coverage, and child custody … Read More... “DOMA Ruling: The Impact of this Historic Supreme Court Decision”

Divorce – Tips on Dividing Your Stuff!

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How To Divide Your Marital Property During The Process Of Divorce

divorceA Divorce is not a single event, but a series of losses, changes and transitions. There are many watershed moments in the process of dissolving a marriage. One that seems overlooked for its emotional impact is the division of the martial property.

It is easy to say, “It’s just stuff, it can be replaced”, but the accumulation of furniture, objects and even chintzy doodads of no “real value” are keepers of the couple’s stories. As the years go on, we amass possessions that hold memories and are the tangible evidence of the milestones and celebrations of the relationship. Our stuff holds our history.

There is that collection of shot glasses representing the states you visited on that cross country trip as newlyweds. There is the writing desk his grandfather made, given to both of you as you celebrated a marital milestone. There is that crazy abstract painting you bought years ago which cost you more than you could afford, but simply could not live without. There is that first piece of “good” furniture you splurged on. … Read More... “Divorce – Tips on Dividing Your Stuff!”

Online Dating: Less Likely to Divorce If You Met Your Spouse Online?

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Early Study Reveals Online Dating Sites Among Best Meeting Place For Marital Bliss

online datingA few recently published studies have explored the new developments in the field of online dating and online dating sites.  These studies have shown that, more often than not, couples who meet on these sites are more likely to stay together and are generally happier than couples who meet offline.   Below we’re going to break these studies down, go into the numbers a bit, and then detail any of the critiques that may be relevant to the recent studies.

Harris Poll Study On Online Dating

One study published in the Journal of the Proceedings of the National Academy of Sciences, involved contacting 20,000 recently married individuals.  Of these individuals, 35% met through an online dating website. (That’s 7,000!)  About 20 percent of online meetings happened through a social networking site such as Facebook or Twitter, and about 15 percent of those meetings happened through instant messaging, email or a chat room. The study also goes on to detail the percentage of marriages that fall apart by couples who met online, and the percentage of … Read More... “Online Dating: Less Likely to Divorce If You Met Your Spouse Online?”

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