Child Abuse and the Penalties for False Reporting

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False Allegations Of Child Abuse Can End Up In Civil, Criminal, Or Juvenile Courts

child abuseThe Jerry Sandusky criminal trial is over; the civil lawsuits are in active settlement mode. Undoubtedly, the entire country is more tuned into child abuse than it ever was. The National Conference of State Legislatures reports that about 105 bills on the reporting of suspected child abuse and neglect have been introduced in 2012 legislative sessions in 30 states and the District of Columbia. All of them include a penalty for failing to report suspected child abuse.

Oregon is one of the states which recently enacted child abuse reporting legislation. It added to the list of mandated reporters any employee or volunteer of an organization providing child-related services or activities, any employee of a higher education institution, and any coach, assistant coach or trainer of child athletes and any individual who provides guidance, instruction or training in youth development activities and youth camps.

Overlooked in the wake of this new awareness is the sad reality of false allegations of child abuse. There is no disputing that child abuse is a serious and … Read More... “Child Abuse and the Penalties for False Reporting”

Divorce: How Employment Affects Men’s and Women’s Decisions to Divorce

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Divorce, Employment And Marriage – An Analysis

divorceStudies have often attempted to examine the intricate details of divorce by indicating what causes it, which party causes it and how can it be prevented.  Below is an analysis of the National Institution of Health’s study by Liana C.  Sayer of The Ohio State University about how the changing spectrum of society can affect marriages.  First, we’ll review two theories, then compare these and evaluate an opinion based off of these theories.

Institutional Perspective

The study on divorce and employment is broken into two theories, the first of which is considered the “Gendered Institutional” theory.  This theory seeks to classify marriage as it has been traditionally, where the male is often the breadwinner and the female is often the caretaker of the home and children. This view is often referred to as the codified version of marriage (as most states don’t allow same-sex marriage).  This is a very traditional view on marriage as it looks to shifting of these roles since the 1980’s.

Prior to the 1990’s, female employment in the market was still considerably low.  Men dominated the … Read More... “Divorce: How Employment Affects Men’s and Women’s Decisions to Divorce”

Computer Cybercrime Legislation: Spillover Tendencies

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How Computer Cyber Security Laws Can Impact Family Disputes Differently From State To State

computerWith the recent buzz surrounding computer cyber communications and email hacking, one should be informed on the general principles and laws of their state.   These laws have come about due to the recent explosion in email hacking, bank hacking, and corporate espionage that have plagued the telecommunication industry in recent years.  An attempt to curb these crimes has led to adoption and passing of harsh penalties that accompany the acts.

The harsh penalties that accompany these laws have the capability to cause “collateral damage.”  That is, damage to individuals whom the laws are not meant to injure.  These cases, such as the ongoing case in Michigan, often involve family disputes.  Let’s take a look…

Walker v. Walker

Facts to understand:  Leon Walker began to suspect his wife of cheating on him.  Acting on this suspicion, he accessed his wife’s email without first obtaining her consent to see if his suspicions were warranted.  He states that he accessed these emails because he was worried that his wife’s ex-husband (whom he believed was the … Read More... “Computer Cybercrime Legislation: Spillover Tendencies”

Legacy Trust: A Premarital Planning Tool

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Estate Planning Specialist, Joseph Balmer, digs deeper into the new Ohio Legacy Trust Law Act, and reveals how it can be used as a protection tool in the area of Family Law.

legacy trustEffective March 27, 2013, the Ohio Legacy Trust Act became law.  With the passage of this act, Ohio became one of 14 states to allow self-settled trusts.  Ohio also, arguably, has one of the 4 or 5 strongest legacy trust act laws with respect to protecting one’s assets against creditors.  This repeals the long held English rule that one cannot set up a trust for himself or herself and protect his/her assets against one’s potential future creditors.

In a nutshell, with a Legacy Trust, a settlor can set up an irrevocable trust with a third party as the trustee.  The unique aspect of this trust is that, generally, a settlor’s creditors cannot attach trust property, even if the settlor is a trust beneficiary (both income and principle) and has retained powers over the trust property.  The caveat is that the trust settlement cannot be a fraudulent transfer.  Thus the transfer cannot be with the … Read More... “Legacy Trust: A Premarital Planning Tool”

Divorce: Welcome to the Roller Coaster!

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How To Ride Out The Roller Coaster Of Emotions During The Pain Of Divorce

divorce

Nothing toys with our emotions like the break-up of a relationship. Elizabeth Kubler-Ross describes the six stages of grief as:

  1. Shock
  2. Denial
  3. Bargaining
  4. Anger
  5. Sadness
  6. Acceptance

When one is going through divorce, add another feeling: FEAR.   During divorce, it is possible to feel all of these things at the same time. This deluge of emotions can complicate how the person sees, thinks and feels about the issues thus distorting their perspective when faced with a mountain of decisions.

In contrast to the above list, here are a few more (sometimes surprising) feelings people going through divorce may experience:

  • Relief
  • Joy
  • Empowerment
  • Exhilaration
  • Freedom

“Am I going crazy? How can I feel all these things, many of them conflicting at the same time?” divorcing clients often ask. No, you are not going crazy. You are going through transition. Your life is changing. A transformation is occurring. These feelings are normal.

Your feelings will change frequently, sometimes in a day, sometimes in a matter of minutes. Think of the process as a roller coaster … Read More... “Divorce: Welcome to the Roller Coaster!”

Divorce: Time to File Now and Attempt Negotiations Later!

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Four Common Reasons Why A Spouse Will Initiate A Divorce

divorceIn the arena of family law, also known as domestic relations law, there are occasions when negotiations take place with the hope that a dissolution of marriage might result or a “non-contested” divorce action might ensue.  These negotiations are intended to achieve settlement of disputed issues and to avoid the very costly and emotionally consuming action of a “contested” divorce.  But, while trying to negotiate settlement of certain issues, there are times when it becomes apparent that a divorce proceeding must be filed forthwith.  This article shall address those times when it is imperative to end negotiations and file the Complaint for Divorce.  I shall address common fact-situations that should trigger the filing of a divorce proceeding:

  1. The primary causative reason to file a Complaint for Divorce is when you have a situation with a very financially advantaged spouse (with high income) and a financially disadvantaged spouse (with little to no income).  With these circumstances, it might be necessary to initiate the divorce proceeding in order to get a temporary order of spousal support and/or child
Read More... “Divorce: Time to File Now and Attempt Negotiations Later!”

Visitation Law in Ohio: Custody and Non-Parental

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Supreme Court Custody Case Update: Visitation by a Non-Parent

The Law Regarding Non-Parent Visitation

visitationOne 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”

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