children issues Archives - Ohio Family Law Blog

Blast From The Past: Non-Payment of Child Support May Result in Denial of a Passport

Child Support Arrearage Can Impact Travel Outside The Country

PUBLISHERS UPDATE: Here is one of my favorites posts about the U.S. Passport Denial Program from back on January 15, 2011! This U.S. government program is still going strong. Here is a link to their website to learn more. We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Renewal Or Issuance Of A U.S. Passport May Be Denied If More Than $2,500 Is Owed In Child Support

Most people don’t realize that if you have a child support arrearage of more than $2,500 that you are NOT eligible for either a renewal or the issuance of a U.S. passport. Also, be aware that there is no guarantee that even if your arrearage balance is below $2,500 that you will be allowed to obtain a passport because you are still in arrears. Many people who had intended to travel abroad have learned about this restriction the hard way and ended up having their plans aborted by a passport denial. Think about the implications if, for example, you were planning on getting married overseas and … Read More... “Blast From The Past: Non-Payment of Child Support May Result in Denial of a Passport”

Children Services In Dayton, Ohio: Haines Children’s Center

Learning More About the Children Services Division
of the Department of Job And Family Services of Montgomery County, Ohio

child services On Thursday, October 18, 2012, I had the opportunity to visit the Haines Children’s Center located at 3304 North Main Street, Dayton, Ohio, to meet with Ann Stevens, Public Information Coordinator of the Montgomery County Department of Job and Family Services, and Geraldine Pegues, Assistant Director of the Children Services Division. My mission was to learn more about the agency and the services it provides to the community so that I could complete a Family Blog Article for publication on the Ohio Family Law Blog.

The Haines Children’s Center, completed in 2001 and named in honor and memory of now-deceased Sheriff Gary Haines, is located on the grounds of the former Shawen Acres, the site of ten (10) cottages which was one of the first children’s homes in Ohio. The cottages, built in 1926/1927, are now being razed with plans to have some green space and park services available for the North Main Street Community. Ms. Stevens was quick to point out to me that the slate tiles from the cottages are being salvaged and saved to be used for … Read More... “Children Services In Dayton, Ohio: Haines Children’s Center”

Child Custody Dispute to be Decided By the U.S. Supreme Court

Active Military Members Fight For International Child Custody In The United States Courts

child custody Jeffrey Lee Chafin v. Lynne Hales Chafin

Docket 11-1347

Facts of the Case:

Jeffrey Lee Chafin, a citizen of the United States and an active duty member of the United States Army, is the biological Father of Eris Chafin, now five (5) years of age.
Lynne Hales Chafin is a citizen of Scotland and the biological Mother of Eris Chafin.
The parties met in 2005 while Father was stationed in Germany and married in March 2006 in the country of Scotland. Eris Chafin was born in 2007 while Father was still stationed in Germany. Eris is considered to have dual citizenship as a citizen of the United States and as a citizen of Scotland.
Sgt. Chafin was deployed to Afghanistan for fifteen (15) months in 2007 and 2008. During that period of time, Mother and the minor child lived in her native country, Scotland. When Sgt. Chafin returned to Germany from Afghanistan in 2008, the parties decided to remain separated from one another.
When Sgt. Chafin was transferred to Redstone Arsenal in Huntsville, Alabama, in early 2009, Wife/Mother and Eris joined Father and moved to Alabama

Shared Parenting Misconceptions in Ohio

Previously my colleague, Anne Shale, posted a very informative article laying out the legal distinctions between sole legal custody and shared parenting in Ohio. Here is the link to her article. Even though it was posted 3 years ago, the information is still correct. Nonetheless, I think it would be helpful to expand, clarify and shoot down several shared parenting myths.

Shared parenting requires an equal parenting time allocation.

Not true. The hallmark of shared parenting is that both mother and father stand on the same legal footing with respect to custody. Each are equal legal custodians of their child(ren). Customarily, there is a provision in the plan that specifies whether mother or father’s city of residence is designated for schooling purposes. But this designation does not carry with it any greater custodial rights. Under a shared parenting arrangement, the actual parenting time allocation can vary anywhere from a 50/50 split to just a few overnights per month for a parent. So don’t just assume that shared parenting can’t be an option just because of the amount of time the child will spend with each parent.

If we have shared parenting, I don’t have to pay support.

Not true. Whether … Read More... “Shared Parenting Misconceptions in Ohio”

Child Abuse: Non-Abused Siblings Who Remain at Home

child abuse A recent study identifies the nation’s most dangerous traffic intersection. It’s at Flamingo Road and Pines Boulevard in Pembroke Pines, Florida. The insurance company’s engineer who compiled the report notes that the intersection meets appropriate design standards and is regulated by traffic lights. He said traffic volume and driver error were two important factors in the high number of crashes.

Child Abuse and the Dangerous Child Protective Services Intersection

One of the most dangerous intersections of every state’s child welfare system is the decision whether to remove or leave non-abused siblings in a home in which another sibling has been a victim of child abuse or neglect. Like the dangerous intersection in Pembroke Pines, CPS workers often face high caseloads (“traffic volume”) and constant life-threatening decisions (the possibility of “driver error”).

A Pennsylvania case involved “an appeal from the determination of dependency where the adoptive father committed sexual child abuse upon one of the children. The trial court removed the victim child from the home, placed her into foster care while allowing the non-abused child to remain under court ordered protective supervision in the parents’ home.” The Pennsylvania court wrestled with this … Read More... “Child Abuse: Non-Abused Siblings Who Remain at Home”

Child Custody: Parents versus Grandparents

An Overview Of The Child Custody Case Timothy Cantrell v. Erica Trinkle (2011-CA-17)

child custody The Juvenile Court of Clark County, Ohio awarded custody of the minor child (“CC”) to the paternal grandparents. Mother appealed the decision.

Court of Appeals Holding:

The Juvenile Court’s finding that the Mother was an “unsuitable parent” was against the manifest weight of the evidence.

Parties to the action:

Timothy Cantrell: Father of CC.
Erica Trinkle: Mother of CC.
Tracy and Randy Wood: Paternal grandparents of CC.

Facts of the child custody case:

Timothy Cantrell (“Father”) and Erica Trinkle (“Mother”) had a child, CC, out of wedlock in September 2007. In March 2008, Mother’s Father was providing child care for CC while Mother was working. An automobile accident occurred and the child was not injured. Allegations were made that the maternal Grandfather was intoxicated at the time of the accident. That allegation was not substantiated. Following the automobile accident, a referral was made to the Clark County Children’s Services Board (“CSB”). Neither Father nor Mother complied with the voluntary case plan with CSB and the case was “closed” in December 2008.

In June 2008, Mother and Father ended their relationship with one another. Mother and CC moved … Read More... “Child Custody: Parents versus Grandparents”

Visitation: Stepparents are Parents Too!

Stepparents are Parents too! Stepparent Visitation!

visitation I always like to talk about the connotations associated with the words we use every day. Whether they are positive or negative, the words we use can have a grave impact upon a person’s feelings. One such word that comes to mind is stepmom or stepdad. Generally, feelings associated with the word step anything can result in feelings of negativity. I am sure everyone remembers Cinderella’s EVIL stepmother! Being a stepchild, I understand why those feelings can sometimes arise. Blended families come with many obstacles. However, I also know why they can also be associated with very positive connotations and because of that I thank God every day for blessing me with my stepfather, my dad. In the spirit of Father’s Day, I would like to talk about laws in Ohio that have resulted in stepparent visitation and sometimes even custody!

Visitation and Ohio Law

Ohio has codified within its laws three (3) ways to seek visitation with a minor child. They include the following:

Ohio Revised Code § 3109.051: “In a divorce, dissolution, legal separation, annulment, or a child support proceeding that involves a child, the Court may grant reasonable companionship or