Extremely Obese Children…Should Their Parents Lose Custody?

obese_children.jpgWhen parents neglect or fail to provide even basic food, shelter, or medical care for their children, we would all agree that Children’s Services needs to step in and remove a child from their parent’s control.  If a child’s immediate safety and well being are at risk, we would argue that such a situation must not be allowed to continue.

But what about parents who allow their children to become extremely obese over time…obese to the point that a child’s health, or even life, is in danger?  If a child is experiencing medical problems because his or her parent allows them to eat to excess and maintain an inactive lifestyle, should Children’s Services remove a child from that environment?  Doesn’t the situation amount to a form of child abuse that authorities should act upon?  A recent commentary in one of the nation’s most distinguished medical journals, the Journal of the American Medical Association, argues “Yes!”, and it’s causing quite a debate across the country.

The commentary that has generated numerous news stories and blog articles was written by Dr. David Ludwig, an obesity specialist at Harvard-affiliated Children’s Hospital in Boston, and Lindsey Murtagh, a lawyer and researcher at Harvard’s School … Read More... “Extremely Obese Children…Should Their Parents Lose Custody?”

Japan Announces its “Intention” to Join the Hague Convention

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 action is filed should not consider the merits or any underlying child custody … Read More... “Japan Announces its “Intention” to Join the Hague Convention”

Establishing Paternity in Ohio – An Overview

establish_paternity.jpgThe concept of “paternity” refers to the process of going to court to establish a legal relationship between a father and his child.  The process exists because society has created laws to make sure that children are supported by their own biological parents whenever possible.  A paternity action will help determine who should be paying for that support and how much they should be paying.  In Ohio, a paternity action will only apply to a mother and father who were never married  because any child born during a marriage is presumed to be the husband’s legal child.  Paternity actions between unmarried people are typically heard in a county’s juvenile court.

Who can file for paternity?

In Ohio, the only people who can bring an action to establish paternity are the mother of a child, the alleged father of that child, the child (or a representative of the child), or the Child Support Enforcement Agency in the county where the child resides (if the mother, alleged father or guardian of the child is receiving public assistance on behalf of the child).  A grandparent or other relative cannot file a paternity suit.

Why should someone establish paternity?

Paternity helps to protect both … Read More... “Establishing Paternity in Ohio – An Overview”

Tips on How to Prevent and Handle a Lost Child Situation

lost_child_situation.jpgMy wife and I have raised two (2) sons and we personally experienced the terror of a child becoming lost in a public place.  Fortunately, ours ended like most of these situations with our son being located and returned safely.  So, that being said, I want to thank Keith Kepler, the Vice President and General Manager at AlliedBarton Security Services, for sending the Ohio Family Law Blog these important tips about protecting our children from becoming lost or missing. I think that his advice is spot-on.  Please take a moment and read his practical suggestions:

A lost child is a parent’s worst nightmare.  As families plan to spend more time outdoors, on vacation and in busy public places this summer, it is important to be prepared. A survey of parents by the Center to Prevent Lost Children showed that 90 percent of families will experience losing a child in a public place at least once, and 20 percent said it has happened more than once.  The United States Department of Justice reports that more than 300,000 children become temporarily lost for at least one hour, but the good news is that a majority of those children are quickly found and Read More... “Tips on How to Prevent and Handle a Lost Child Situation”

Tips to Help Avoid the Summer Parenting Blues…

Summers can be a difficult time for parents separated from their children for extended periods of time.  Ann Dunnewold, Ph.D., author of Even June Cleaver Would Forget the Juice Box, gave the following tips to Parenting magazine about ways to keep in contact with children away from home during the summer:

  1. Use your cell phone. Although the idea of entrusting a cellular device to your 6-year old (never mind kids younger than that) is appalling to many parents, allowing a child to have access to his or her mother or father’s voice is a simple and effective way to stay connected.  If the babysitter or another parent is with the child while you are not, simply ask them to cooperate and lend the child their phone.  A study conducted at University of Wisconsin-Madison shows that girls who talked to their mothers via phone felt calmer and happier as those whose mothers were physically available for hugs.  Hearing a parent’s voice lowers a child’s cortisol (stress hormone) and released oxytocin, a hormone associated with physical contact. 
  2. Make a recording. If you know you’re going to be stuck in a closed conference all day, make a recording of yourself reading your
Read More... “Tips to Help Avoid the Summer Parenting Blues…”

BREAKING NEWS: Secretary of Defense Gates Changes Position to Protect Custodial Parents Deployed Overseas!

gates_turn.jpgOn February 6, 2010, I posted an article entitled, “They Fight for America and Upon Return Must Fight for Their Children”. The article addressed the issue of active duty servicemen and servicewomen returning from overseas assignments, often in the Middle East, to find that their former spouses were using the overseas military assignment as a “substantial change in circumstances” to obtain a change in custody of their minor children.  At the time of that posting, Michael R. Turner, R-Ohio, was trying to persuade Secretary of Defense, Robert M. Gates, to agree that active duty military parents should receive child custody protection while they were deployed out of the country.  The Department of the Defense had opposed this protection and Turner’s proposed legislation.

On February 11, 2011, Secretary of Defense Gates responded to Representative Michael Turner in a brief letter which said that his Department “was/are willing to consider whether appropriate legislation can be crafted that provides Service members with a federal uniform standard of protection in cases where it is established that military service is the sole factor involved in a child custody decision involving a Service member.”  Click here to read his letter.

On February 16, 2011, Congressman … Read More... “BREAKING NEWS: Secretary of Defense Gates Changes Position to Protect Custodial Parents Deployed Overseas!”

The Benefits of Four Way Settlement Conferences

settlecon.jpgThe topic for this Family Blog Article is one that is I like to use and one that I highly recommend to clients and to other practitioners.  A four (4) way settlement conference is a meeting or conference attended by both parties (Husband and Wife) and their respective attorneys.  The meeting generally takes place at one of the attorney’s offices but it could be held at an absolutely neutral location such as the Bar Association, a local library, or a church having meeting rooms available for the public.  The meetings can take place during normal business hours but can also be held during evening or weekend hours as no one from the Court needs to be present and no one from the Court needs to oversee or supervise the conference.  Therefore, the scheduling of settlement conferences can be done to accommodate each of the parties’ schedules and their respective attorneys’ schedules.

If I am scheduling a settlement conference, I generally set aside at least two (2) hours of time and I prefer to schedule them for 2:00 p.m or 3:00 p.m. in the afternoon with the thought that the conference will last up to two (2) hours of time and … Read More... “The Benefits of Four Way Settlement Conferences”

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