Holiday Guilt: The Gift that Keeps on Giving….

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How to Avoid Manipulation by Family and Friends during the holiday season

Holiday Guilt Gift Giving for ChristmasAnd so it begins…The constant jockeying, bargaining, organizing, planning, and fretting that shows up every holiday season as we are bombarded with images of “creating the perfect holiday”. We struggle to meet the needs wishes and expectations (and yes, sometimes, even the demands) of everyone in our lives. Realistically, we know we can’t please everyone (so you got to please yourself…), yet we still go at that long list of “should’s” with the tenacity of a dog with a juicy bone.

Louise Hay, author of You Can Heal Your Life writes that she wishes “should” just be abolished from our language completely! Why such a vehement reaction to this one little word? Because “should,” actually takes away our personal power.  “Should” doesn’t address what we want to do, what we could do, or what we need to do. When we make a decision based on “should” we are making a decision based on guilt. We struggle between what we are programmed to believe and what our own experience tells us is healthy. An example … Read More... “Holiday Guilt: The Gift that Keeps on Giving….”

Viability: The Beginning of Human Life

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viability in dayton ohioThe legal concept of viability, or exactly when it is that life begins, is a hot topic both in and out of the courtroom.  In August of 2008, the presidential candidates were attending a forum at the Saddleback Church in Lake Forest, California, when the moderator and church pastor, Rev. Rick Warren, asked the candidates, “At what point does a baby get human rights?”  You may remember that then Senator Barack Obama replied to Warren by saying that determining when life begins, is “above his pay grade.”  Such an “artful dodge” is no longer acceptable in more and more forums, especially in the courtroom, because determining when to grant an unborn fetus human rights can have profound impact on both criminal and civil litigation.

On one end of the scale is thinking similar to that stated by the American Civil Liberties Union (ACLU) and pro-choice advocates in an article titled, “What’s Wrong with Fetal Rights”.  In that article, the group stated, “we have serious reservations about legislation designed to protect fetuses, because it can endanger women’s rights by reinforcing claims of ‘fetal rights’ in the law.”  … Read More... “Viability: The Beginning of Human Life”

Jurisdiction: A Case Study on Minimum Contacts

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Jurisdiction – Divorce Wars Between Courts

jurisdiction in dayton ohio courtsJurisdiction is a common question in many cases. In Dayton, Ohio, the question arises in divorce or dissolution cases when married parties spend their entire married life as residents of one state; and when the marriage is in decline, one of the parties moves to another state and then seeks to have his/her divorce or dissolution in the state in which the party moved.

This is not often problematic because the question of whether or not the new state has jurisdiction (the right, power, or authority to administer justice by hearing and determining controversies) is never raised. Often times, the spouse who stayed in the state where the marital relationship existed does not object to jurisdiction. The spouse in the marital state, generally the defendant, will file his or her Answer, and the case will proceed as any divorce or dissolution case. However, there are certain times where this is just not the case. Sometimes the defendant will object to the new state’s jurisdiction. They will argue that the court does not have the right to make rulings … Read More... “Jurisdiction: A Case Study on Minimum Contacts”

The Reasons for Utilizing Restraining Orders in Ohio Divorce Actions

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The Case for Ohio Restraining Orders

restraining orders in dayton ohioIn Ohio, restraining orders are not available in dissolution proceedings but only in divorce, legal separation and annulment actions. Restraining orders have become somewhat “boilerplate” in as much as they are commonplace and routinely granted on an “ex parte” basis at the time the divorce action is filed.   A “restraining order” is also executed by a Judge and issued by a Court restraining a party involved in a divorce proceeding from certain actions or activities during the divorce process. The general principle for restraining orders is to maintain the status quo of affairs at the time a divorce action is filed and to avoid “retaliatory” actions by a spouse.

Restraining orders can be obtained by either party without the necessity of an in-Court hearing or proceeding.  This means that the restraining orders are “ex parte” in nature and are ordered without the other party being heard on the issue.  The primary purpose of restraining orders is to prevent the loss or dissipation or transfer of marital assets before they can be identified, valued, and divided.  Restraining orders can also be used … Read More... “The Reasons for Utilizing Restraining Orders in Ohio Divorce Actions”

Thinking About Staying In Your Marriage For The Benefit Of The Kids?

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thinking_staying_marriag_benefit_kids.jpgOver the years Gregory Ramey, Ph.D., who is a local child psychologist and vice president for outpatient services at the Children’s Medical Center of Dayton, has allowed us to republish many of his “Family Wise” articles from the Dayton Daily News.  He included an interesting question and answer in his column published in the Dayton Daily News on Sunday, August 28, 2011, that caught my attention.  Here is the question and Dr. Ramey’s answer:

Q:

My parents fight all the time.  I know they are only staying together two more years until I leave for college.  I hate being at home.  Should I tell them to get a divorce?

A:

Whether your parents stay married is their decision, not yours.  It’s inappropriate for you tell them to get a divorce, but you should discuss the impact that the family turmoil is having on you.  Don’t pick sides, offer advice or threaten them in any way.  Simply tell them how you feel living in a home with constant arguments.  Don’t forget to reassure them that you love them.

I shared Dr. Ramey’s advice with Donna F. Ferber, LPC, … Read More... “Thinking About Staying In Your Marriage For The Benefit Of The Kids?”

Cohabitation: The Greatest Threat to Your Children’s Future

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cohabitation_greatest_threat _childrens_future.jpgThink about this statement: “The rise of cohabitating households with children (where parents aren’t married, just living together) is the largest unrecognized threat to the quality and stability of children’s lives in today’s families.”  That’s pretty strong stuff, but it’s exactly what a new research study concludes.  While divorce has been the leading cause of the breakdown of the family and marriage for the last 40 years, the study shows that divorce is no longer the leading cause.  The study shows that cohabitation is now the greatest threat to the welfare of children in the United States!

The August 2011 study was sponsored by the Center on Children and Families at Brookings and is entitled “The Marginalization of Marriage in Middle America”. It was written jointly by two family scholars, one a conservative (W. Bradford Wilcox, director of the National Marriage Project) and one a liberal (Andrew J. Cherlin, professor at John Hopkins University).

The study found the following: in affluent neighborhoods where many college-educated Americans live, marriage is alive and well and divorce has declined to levels not seen since the “divorce revolution” of the 1960’s.  … Read More... “Cohabitation: The Greatest Threat to Your Children’s Future”

Who Gets to Keep the Engagement Ring?

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who_gets_engagement_ring.jpgThe topic of this Family Blog Article focuses upon what happens to the engagement ring in the event of a “broken engagement”.  Most of the cases which are cited below provide the following information to the reader:  An engagement ring is a conditional gift given in contemplation of marriage; and, therefore, an engagement ring is not an absolute gift.

I will provide to the reader a synopsis of several cases in Ohio.  In all scenarios below, the Donor is the male person gifting the engagement ring and the Donee is the female person receiving the engagement ring.

Scenario #1:

Facts:  In August 1980, while still in college, Donor gave a diamond engagement ring to Donee.  Both parties then returned to their respective colleges.  The Donor was attending college in Canada and the Donee was attending college in Athens, Ohio.  In May 1981, the Donor returned to Ohio and demanded the return of the engagement ring.  The Donee refused to return the ring.  Donor then filed a Complaint against the Donee for the return of the engagement ring, or in the alternative, damages in the amount of … Read More... “Who Gets to Keep the Engagement Ring?”

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