The Mediation Process in Montgomery County Domestic Relations Court

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mediation_process.jpgAlternative dispute resolution can be a wonderful tool in divorce cases. Montgomery County’s Domestic Relations Court, along with many other divorce Courts, have adopted mediation conferences as a voluntary or, in some cases, mandatory prerequisite to trial. I am focusing this article on how that process works in Montgomery County.

So one might ask, “What is mediation?” In this context it is essentially a way of resolving disputes between the husband and wife and to hopefully eliminate issues in the divorce case.  In Montgomery County there are two neutral mediators (facilitators) involved in the session(s). One is a lawyer who has experience as a divorce court magistrate and the other has a family services social worker background.  They work to assist the parties to negotiate their own settlement. They can let the couple know what the laws are, but not give legal advice, and try to guide them through the complicated process in a way that helps them find solutions.

Lawyers may or may not attend the mediations. The sessions are completely confidential. No notes or writings generated by the parties or their lawyers in the mediation … Read More... “The Mediation Process in Montgomery County Domestic Relations Court”

A Child’s College Education – Often a Hidden Cost in Divorce!

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college_djv.jpgA divorce often leads to many changes within a family. Recognizing this fact is extremely important, especially when children are involved. Divorcing parents should ask themselves each step of the way what they can do to minimize the negative impact on their children. Parental funding of a child’s college education often becomes a casualty in the process.

A recent study published in the Journal of Family Issues which was led by Ruth N. Lopez Turley, an associate professor of sociology at Rice University, confirms a major disadvantage for children from divorced families: Kids whose birth parents divorce get less financial help with college costs, even if their parents remarry, the study finds.

Parents who stay married to each other meet 77% of the tuition costs and contribute about 8% of their income to their child’s college expenses, according to the study of 2400 undergraduate students. Not surprisingly, especially to most divorce lawyers, parents’ contributions to college costs fall after a divorce. Divorced parents meet only 42% of their children’s financial needs and contribute only about 6% of their income.

But divorced parents who later remarry … Read More... “A Child’s College Education – Often a Hidden Cost in Divorce!”

Whose Kids Are These?

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whosekids.jpgEven young children are aware that they are part of both parents. We tell them the story of our courtship, our wedding and of their birth. We show them baby pictures. “You have Daddy’s smile and you have Mommy’s eyes,” we tell them. This is one way children feel they are part of a family. It helps our children develop a sense of identity and belonging. As children grow older, we begin to identify more traits in them that remind us of ourselves. “You are artistic like your dad” or “you have your mom’s wit” are further ways we continue to build connection with our kids.

But when a marriage starts to deteriorate, parents sometimes focus only on the worst traits of their spouse and now flinch at any similarity they may see in their children. When anger and stress collide, parents find themselves comparing their children in a negative way to “you’re no good lazy cheating father” or “that crazy drunk of a mother.”

As acrimony between the parents escalates, these remarks can become sharper and more frequent. The child of divorcing parents who is told, … Read More... “Whose Kids Are These?”

Ohio’s Next of Kin Notification Program

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ohio_next_kin.jpgIn September of 2008, Ohio became one of the first states to make a Next of Kin registration program available to its residents.  The Ohio state legislature established the program in response to situations where police and emergency personnel had been unable to locate or contact family members of people who had been fatally injured.  Several accidents occurred where people had been severely injured but not killed instantly.  Tragically, their relatives were unable to spend time with their injured relatives during their last hours due to the difficulty police had in identifying exactly who to notify.

The law specifies that anyone who has a valid Ohio driver’s license, temporary instruction permit, or non-driver identification card may voluntarily participate in the program.  The program allows an individual to provide the name and contact information of a person who they wish to be notified in the event the individual is involved in a crash or emergency and is otherwise unable to communicate with the contact person.  If someone under the age of 18 wishes to sign up for the Next of Kin program, one of their emergency contacts must … Read More... “Ohio’s Next of Kin Notification Program”

Japan Announces its “Intention” to Join the Hague Convention

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jpn_hague.jpgAfter years of intense pressure from the United States government and governments of the European Union, the government of Japan recently announced its intention to join the Hague Convention relative to child custody.  At the present time, Japan is the only major industrialized country that has not signed the treaty.  And, Japan is the only member of the Group of Seven (G-7) leading nations which is not a party to the treaty.  The G-7 countries which have adopted the Hague Convention are France, Germany, Italy, the United Kingdom, Canada, and the United States.

The Hague Convention, also known as the Hague Convention on the Civil Aspects of International Child Abduction or the Hague Abduction Convention, was signed on October 25, 1980.  Its effective date was December 1, 1983.  As of April 2011, eighty four (84) states/countries are parties or signatories to the Convention.  The primary objective of the Convention is to preserve whatever status quo child custody arrangement existed immediately before an alleged wrongful removal or retention of a child or children.  Stated in the alternative, the Convention provides that the Court in which a Hague Convention … Read More... “Japan Announces its “Intention” to Join the Hague Convention”

Marital Torts in Ohio … A Primer

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mar_torts.jpgI posted a blog article titled Sexually Transmitted Diseases and Alimony Proceedings on October 16, 2010. In it I promised a follow-up article discussing the status of Ohio law concerning domestic or marital torts.

In Ohio, like in most states, interspousal tort immunity has been abolished.  A person may bring a personal injury action against his current spouse or between a former spouse for personal injury which occurred during the marriage.  Marital torts can include any claim for personal injuries and are often referred to as domestic or marital torts because they are torts that occur within the family context, such as between spouses. Marital torts, moreover, can be lodged in connection with intentional or negligent acts, including the transmission of sexual diseases, psychological distress and emotional injury, slander and libel.

As in all torts, there must be a violation of some duty owed to the plaintiff, and generally that duty must arise by operation of law, not merely an agreement between the parties.  Torts are civil actions arising from the conduct, deliberate or careless, of one individual in dealings causing harm or damage to another; and … Read More... “Marital Torts in Ohio … A Primer”

Think Before You FACEBOOK…Especially if You’re in a Divorce!

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facebook_div.jpgBy now, I’m sure that most of you have read how Facebook, and every similar social networking site, makes posting “too much information” on the internet just too easy.  Do a quick Google search for “Facebook and Divorce” and you’ll find links to many articles discussing the correlation of postings on internet social networks to an increase in divorce.  The American Academy of Matrimonial Lawyers says that 81 percent of its members have used or gone up against evidence in court plucked from Facebook, MySpace, Twitter, YouTube and LinkedIn over the last five years.

Consider the following situations:

  • Mom denies in court that she smokes marijuana but posts pot-smoking photos of herself on Facebook;
  • Dad claims minimal income from his small business and various “cash only” side jobs he performs but places posts and photos on Facebook of himself on fishing trips, gambling at the riverboat, and with new vehicles, including a Harley Davidson motorcycle; his new girlfriend also posts pictures of some of the gifts she has received from Dad;
  • During a custody dispute where Dad is alleging that child’s grades are falling, child is not
Read More... “Think Before You FACEBOOK…Especially if You’re in a Divorce!”
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