Supreme Court Custody Case Update: Visitation by a Non-Parent
The Law Regarding Non-Parent Visitation
One of the most contentious issues that may arise in custody litigation is whether a non-parent has the right to exercise visitation with a particular child. Generally speaking, parents are imbued with an absolute right to determine who their child shall visit with under the Due Process Clause of the United States Constitution. This right was most clearly articulated in the United States Supreme Court’s seminal decision of Troxel v. Granville (2000), wherein the Court stated “so long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parent’s children.”
However, notwithstanding some of Troxel’s broad and sweeping language regarding parental control over matters of visitation, there have been numerous situations in which Ohio Courts have granted non-parents visitation with children over the objection of the parents. The most common … Read More... “Visitation Law in Ohio: Custody and Non-Parental”
The United States Supreme Court recently granted certiorari to two very controversial gay marriage issues, Prop 8, and DOMA. Below I will discuss the two different issues, how they came to be here, and what the likely outcome may be.
Approximately 115,000 women lose their private health insurance every year as a result of divorce, according to a recent University of Michigan study. “Given that approximately one million divorces occur each year in the U.S., and that many women get health insurance coverage through their husbands, the impact is quite substantial,” said Bridget Lavelle, a U-M doctoral candidate in public policy and sociology, and lead author of the study which appears in the December issue of the Journal of Health and Social Behavior.
The Ohio Revised Code §3105.03 states that “[t]he plaintiff in actions for divorce and annulment shall have been a resident of the state at least six months immediately before filing the complaint.” That being said, many people are often confused as to what is meant by the term “resident.” When it comes to divorce, Ohio defines being a “resident” as being domiciled in Ohio. For one to be domiciled in a state, the person must have a home in the state, and he must have the intent on making Ohio his permanent home. He must have the intention of living and staying in the state of Ohio. When a person enters the military and is enlisted to service, his domicile remains where it was before his Military service unless he chooses to move to a new domicile where he intends to remain. Therefore, the real focus is a person’s intent to remain in a state.
The international custody case of Chafin v. Chafin was previously discussed in our Ohio Family Law Blog article of October 6, 2012. (
Those that have been involved in custody litigation are probably aware of the important role that a Guardian ad Litem (GAL) can play in the outcome. In fact, when both parties otherwise appear suitable, the GAL’s report can sometimes be the tie-breaker for the Judge or Magistrate hearing the case. The input from the Guardian ad Litem is usually taken very seriously by the Court due to the fact it is thought to come from someone that is in a neutral position, has only the best interests of the children in mind, and has almost unfettered access to relevant information, such as the home life of both parents, the children’s school teachers and counselors as well as other important persons. In short, having a favorable Guardian ad Litem report can be the difference between winning and losing.
Post-traumatic stress disorder (PTSD) is highly prevalent in children and adolescents who have experienced traumatic events such as child abuse, violence, road accidents or natural disasters. In children, post-traumatic stress disorder can lead to delayed development and behavioral problems. More generally, it is associated with anxiety, depression and suicidal tendencies. The aim of this review was to examine the effectiveness of all psychological therapies for the treatment of post-traumatic stress disorder in children and adolescents.