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!”

The Pendulum of Divorce Discovery

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div_discovery.jpgNo one wants to get divorced. We don’t walk down the aisle thinking, “Aw, what the hell, if this doesn’t work, I can always get a divorce.” You probably thought more along the lines of, “I don’t care how many people get divorced. This is not going to happen to us!” Yet here you are. It is awful and it hurts more than you could have ever imagined.

Divorce is a process, with many issues, facets, twists, and turns. Your emotional well being, along with your financial and legal assets, will all be called into play. Where you live, how you live, how you define yourself, and what you want from life are all going to be examined, evaluated, and possibly changed. As the process unfolds, the most important thing you can do is learn to pace yourself. You will learn many new things about life, finances, the legal system, your spouse, and mostly yourself.

Right now, you may be focused on the fear and loss. But that will change. In one year you will feel better than you do now. In fact, you may feel better … Read More... “The Pendulum of Divorce Discovery”

Did You Know that National Stepfamily Day is September 16th?

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stepfamily.jpgThere’s a good chance that you yourself are part of a stepfamily.  If you’re not, you almost certainly have close friends or family members who are.  Statistics show that one in three Americans live in a stepfamily and that more than 50% of Americans will live in a stepfamily at some point in their lives.  A term that is now commonly used to describe a family that forms after divorce or re-marriage is a “blended” family.

With so many Americans being a part of a “blended” family these days, it should come as no surprise that there is actually a day to celebrate being in a stepfamily…National Stepfamily Day!  September 16 is the day that has been designated as the day to honor all the “Step Heroes” out there who choose every day to be parents to ALL the children in their lives.

In 1997, Christy Brogeld, who herself was a remarried mother and member of a blended family, decided that it was time to begin a campaign to bring stepfamily support and awareness to the nation’s attention.  That year she got 24 states to officially make … Read More... “Did You Know that National Stepfamily Day is September 16th?”

The “New” and “Improved” Montgomery County Standard Order of Parenting Time

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summer_vacation_standard_parenting_time.jpgOn July 1, 2011, the Domestic Relations Court of Montgomery County, Ohio adopted a “new” and “revised” Standard Order of Parenting Time, previously known as the Standard Order of Visitation.  Over the years, our elected officials in Columbus, Ohio have chosen to “rename” terms frequently used in the Domestic Relations Court.  The phrase “parenting time” replaces the older word of “visitation”, and, the term “parental rights and responsibilities” replaces the older word of “custody”.  It should be noted that with each change in legislation, the older or former terms have been replaced with longer names or phrases!

I have practiced Family Law for over twenty years.  Until recently, the Standard Order of Parenting Time, fka Standard Order of Visitation, provided for the non-custodial or non-residential parent to have five (5) weeks (35 days) of visitation or parenting time each summer.  Additionally, if the non-residential parent submitted to the custodial parent his/her request for summer parenting time between the dates of March 1 and April 1 of each year, the non-custodial parent was to have preference as to the summer parenting time schedule.

The most striking change in … Read More... “The “New” and “Improved” Montgomery County Standard Order of Parenting Time”

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