children issues Archives - Page 5 of 16

Caregiver Liability: When Kids Run from Foster Care

The National Runaway Switchboard reports that between 1.6 and 2.8 million youth run away each year. It also reports that there has been “a significant increase in the number of crisis calls identifying abuse or neglect as a reason for the call, with abuse calls up 33 percent and neglect calls up 54 percent between 2005-2008″ (National Runaway Switchboard Crisis Caller Trends, 2009, p. 2).

Youth in out-of-home care often choose conduct that does not ensure their own safety. They elope from foster homes, group homes, or other residential settings at an unknown rate. When children are known risks for eloping a court may find that it is the legal duty of the caregiver to take all prudent means to take appropriate preventative measures.

Instinctively, we are aware of the links between youths running away in general and youths eloping from out-of-home care. Social science research has made significant progress in describing runaway youth in general (Martinez, 2006; Sanchez, Waller, & Greene, 2006), but has made minimal inroads in accurately describing the phenomenon of youth eloping from out-of-home care. Similarly, while federal laws and conventions exist to address runaways and missing children, scant legislative attention has been paid … Read More... “Caregiver Liability: When Kids Run from Foster Care”

Non-Payment of Child Support May Result in Denial of a Passport

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 the passport request is denied.

To learn more, click here to go to the U.S. State Department’s Travel Abroad website to read about the mandatory process that must be undertaken before any passport application will be processed. You need to make arrangements to pay the State Support Enforcement Agency where child support is owed BEFORE you submit your application for a U.S. passport. Also, all questions about your child support arrears or the status of a payment should be directed to that appropriate State Support Enforcement Agency and not to the U.S. State Department … Read More... “Non-Payment of Child Support May Result in Denial of a Passport”

Child Abuse Investigations: Good, Bad or Ugly?

Most of us are familiar with Child Protective Services, or CPS. CPS, or an agency with a similar name, is the agency in each state that has assumed the task of protecting our kids from abuse or neglect by adults, especially their own parents. A recent study explained in the October 2010 issue of Archives of Pediatrics and Adolescent Medicine suggests that child abuse investigations do not significantly reduce risk for future violence or abuse. In fact, the study links investigations to increased depression in mothers. The results have given ammunition to many who had already been calling for a drastic scaling back of CPS and the many millions of dollars that Congress and state legislatures annually direct towards CPS.

Congress passed the Child Abuse Prevention and Treatment Act in 1974 because of concerns about battered children. That Act was also designed to encourage more thorough and accurate reporting and record-keeping in child abuse cases. These days, the role of CPS has grown and evolved. In 2007 alone, CPS nationally investigated more than three million cases of suspected child abuse. Today, CPS also enjoys almost unlimited investigative and search and seizure powers, much greater than that of police, that can … Read More... “Child Abuse Investigations: Good, Bad or Ugly?”

Take the “Gimme” out of Christmas!

I haven’t written an article about the holiday season for the Ohio Family Law Blog for a couple of years. At that time, I mentioned that this is certainly an appropriate time to reflect upon core values as well as memories of past Christmas celebrations and traditions.

In our family, we were very involved with a Christmas project providing gifts for needy children for many years while our sons were growing up. As a family, we spent countless hours working at the Center. We have tried to instill upon our family the importance of sharing and helping others. It is too easy this time of year to become consumed by all the shopping, decorating, numerous errands and superficial things. Focus can be lost on real matters of consequence, such as the meaning and importance of family. Regardless of one’s religious convictions, this is an excellent time to reflect upon our core values and aspire to do what we each can to make the lives of others around us better, even if it is in some small seemingly insignificant way.

This year we visited a local church hosting an Alternative Holiday Gift Giving event. This is a new concept for us. … Read More... “Take the “Gimme” out of Christmas!”

Registering an Out-of-State Decree when a Parent and Minor Children have Relocated to Ohio

In the days of my parents who were born in the 1920’s, persons typically lived in the small towns or cities in which they were born and remained there carrying on the family farms or businesses or following the trades or professions of their parents. In today’s society, people are much more mobile. Persons move to find employment, attend college, or due to military assignments. Many individuals who have had their marriage terminated in another State may find themselves now living in the Miami Valley area. Some of those persons are parents of minor children. So, if Post-Decree problems occur, to which Court do they go for help or assistance?

I should explain that “Post-Decree” refers to situations which occur after the parties’ Final Judgment and Decree of Divorce or after the parties’ Decree of Dissolution of Marriage have been filed. So, the parties’ marriage has ended but issues may continue regarding spousal support, child support, parenting time schedules, transportation, etc. If the parties’ Final Decree of Divorce or Final Decree of Dissolution was filed in a state other than the State of Ohio, that Decree is referred to as a “foreign decree”. It is “foreign” in the sense that … Read More... “Registering an Out-of-State Decree when a Parent and Minor Children have Relocated to Ohio”

The Importance of a “Correctly Completed” Affidavit of Financial Disclosure

The Affidavit of Financial Disclosure (or a Financial Affidavit) is a very important document in domestic relations, especially in divorce matters. If you are pursuing an agreed upon dissolution of marriage (instead of a divorce), the Financial Affidavits are required, but they are not nearly as important as in divorce actions. In dissolutions, the Financial Affidavit establishes the required disclosure of all assets and liabilities which is the foundation for any dissolution. Also, in a dissolution, since the parties have everything settled between them, any issues regarding what Husband earns or what Wife earns are largely irrelevant because the parties have already determined which party will be paying child support and/or spousal support (alimony) and the amount thereof. The Court is not likely to interfere with those agreements.

In a divorce, which is an adversarial proceeding, one party may be requesting spousal support and/or child support. In Montgomery County, Ohio, it is especially important to complete the Affidavit of Financial Disclosure because the Court relies upon that information when issuing its Temporary Order for Custody and Support. Accordingly, if the Financial Affidavit reflects that both parties are still residing in the same home together, the Court will not typically issue … Read More... “The Importance of a “Correctly Completed” Affidavit of Financial Disclosure”

When Your Ex Opts Out -Talking to Your Children When Your Former Spouse Decides to Not Parent

Consistently, one of my favorite blogs is Michael Mastracci’s Divorce Without Dishonor Blog. Mike is an excellent attorney from Baltimore, Maryland. His own difficult and acrimonious divorce and child custody battle led to his personal interest in collaborative family law. Both attorneys and clients should include his blog on their frequent read list. Mike regularly espouses ethical, moral and philosophical standards that we should aspire to meet. I have personally and professionally been a proponent of child welfare issues for over 30 years. So, when I read his recent post about “When Your Ex Opts Out – Talking to Your Children When Your Former Parent Decides to Not Parent”, I had to ask Mike if I could have his permission to republish it. He kindly agreed. Here it is:

Although most divorcing couples deeply desire a relationship with their children after the marriage dissolves, there are exceptions to this rule. Sometimes, one of the newly divorced parents feels that their life would be easier or freer if not encumbered by their children. They drop out of the picture for an unpredictable period of time, sometimes weeks or even years. The custodial parent is left to explain their actions to

Page 5 of 16

1 … 3 4 5 6 7 … 16