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?”

Can My Child Choose Which Parent to Live With?

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child_parent_live_with.jpgOnce upon a time in Ohio the answer was “yes”. But not any longer. There is much misinformation on the internet about this subject. So, I thought that a review of the child custody laws over the years might be both helpful and interesting. There has been movement away over the years from allowing a child to choose in a divorce which parent to live with. These past “age of election” laws were seen as placing too much pressure on children.

Title VI, Chapter 3, Section 8033 from the Ohio Annotated General Code of 1910 allowed children as young as 10 years old to choose their custodial parent:

“…the court shall decide which one of them (parents) shall have the care, custody….except that, if such children be ten years of age or more, they must be allowed to choose which parent they prefer to live with, unless the parent so selected…be unfitted to take charge of such children…”

Chapter 3109 of the Ohio Revised Code was enacted on January 1, 1974, which states in part:

“(A) Upon hearing the testimony of either or both parents and Read More... “Can My Child Choose Which Parent to Live With?”

ALERT: Ohio Licenses No Longer Threatened for Non-Payment of Child Support

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child_support_law.jpgTucked deep into the recently passed state budget is a new provision that will reduce driver’s license suspensions of alleged “deadbeat” parents.  Currently, a parent owing more than a month in child support faces the possibility of the loss of his or her driver’s license and professional licenses. Under current law, neither the courts nor the Child Support Enforcement Agency can grant limited driving privileges for occupational purposes on a child support license suspension.

The new law, codified in Ohio Revised Code Chapter 3123, which went into effect on September 28, 2011,  provides that parents who pay at least half of their court-ordered child support will no longer face suspension of their driver’s or professional licenses. Another provision will allow parents to have prior suspensions for failing to pay child support removed from their driving record. Benjamin Johnson, spokesman for the Ohio Department of Job and Family Services, said that under the new law, county child-support enforcement agencies must look back 90 days to see if a parent has paid less than 50 percent of his/her child support obligation. If so, a pre-suspension notice, giving the parent … Read More... “ALERT: Ohio Licenses No Longer Threatened for Non-Payment of Child Support”

Keep an Emergency Information Card in Your Wallet!

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emid.jpgIt is wise to keep an “In Case of Emergency” (ICE) information card in our wallets, purses, and car glove box at all times. An emergency can happen at any time. The leading cause of death for people under the age of 44 in America is emergency trauma. Emergency contact cards can prevent a bad situation from getting worse. An unexpected emergency can shatter the lives of any family at any time. But, by having emergency contact cards, you and your loved ones will be more prepared if a sudden crisis strikes. Give yourself a greatly improved chance to receive appropriate medical care by preparing information in advance that explains your medical needs immediately for first responders.

Without emergency contact information, hospital staff cannot immediately locate family members or access medical information that would be critical to treating the patient. Tragically, some patients die in emergency rooms without any of their family members present. By the time the families are eventually notified, it is often too late. Make sure that all family members including parents, children and grandchildren have an ICE card!

Our law firm has located … Read More... “Keep an Emergency Information Card in Your Wallet!”

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