What Is Parental Alienation And Parental Alienation Syndrome?

sep_pt1.jpgSubmitted by Robert L. Mues with legal research and assistance from Aaron Hill, an extern from the University of Dayton School of Law.

There are a number of different factors and circumstances that have an effect on the determination of custody in Ohio. According to O.R.C. §3109.04(F)(1), the court must consider all relevant factors when determining the best interest of the child. One of those relevant factors under Section 3109.04 (F)(1)(I) includes whether either parent has continuously and willfully denied the other parent’s right to parenting time or visitation as ordered by a court. While visitation denials may be relatively easy to prove in court, that alone doesn’t amount to parental alienation. Further, it is not uncommon for some amount of alienation to occur when parents first separate. Usually, the alienation subsides after the parents’ transition through the separation and move on with their lives. In some cases it doesn’t, and instead it continues and escalates to what has become referred to as “Parental Alienation Syndrome”. This disorder was first identified by Richard A. Gardner, a forensic psychiatrist, in the mid-1980s, and defines it as:

A disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is
… Read More... “What Is Parental Alienation And Parental Alienation Syndrome?”

Are Parents with ADHD Children at a Higher Risk for Divorce?

adhd.jpgA recent study correlating divorce rates among parents with ADHD children was recently conducted by Brian T. Wymbs and William E. Pelham, Jr., at the University of Buffalo, and published in the October, 2008, issue of the Journal of Consulting and Clinical Psychology. The conclusions included that raising ADHD children can place a strain on any marriage. The results showed that 22.7% of couples with an ADHD child became divorced by the child’s 8th birthday, as contrasted with 12.6% in the control group whose child had not been diagnosed with ADHD. Interestingly, after the child reached the age of 8 years old, there was not a significant statistical difference in the divorce rates between couples with or without an ADHD child. For more information about the study, including the characteristics which may impact the likelihood of a divorce, click here.

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Artemis Center: Dayton’s Domestic Violence Resource Agency

In recognition of October having been declared Domestic Violence Awareness Month, this post explores the mission goals and philosophy of the Artemis Center in Dayton, Ohio.

arte.jpgOn Tuesday, October 14, 2008, I had the opportunity to meet with and to interview Patti Schwarztrauber, the Executive Director of Artemis Center since April, 2002. The Executive Director, having a Master’s Degree in Social Work (MSW) and being a Licensed Social Worker (LSW), began her employment with Artemis Center in 1997. She worked at various positions, including being a Children’s Therapist and serving as a liaison between Artemis Center and Montgomery County Children’s Services before being named Executive Director six (6) years ago.

arte2.jpgI learned that in Greek mythology, Artemis was traditionally the friend and protector of women in childbirth and young children. Artemis, a female, was associated with a mythological forest. Accordingly, a saying developed over time- “no harm shall come to those who walk in the woods of Artemis.”

The Artemis Center for Alternatives to Domestic Violence was established as Artemis House in June, 1985. The founders were six (6) women who often worked without pay or benefits to provide services to family members affected by domestic violence. Today, twenty … Read More... “Artemis Center: Dayton’s Domestic Violence Resource Agency”

The Name Game: Shirley, Shirley bo Birley . . .

sschange.jpgDon’t forget to discuss with your Dayton divorce lawyer before the final hearing if you want to be reinstated to a former name. This is the time to accomplish the name change with ease, and typically, without any additional costs! Procedures vary from court to court whether the name change can be submitted as part of the Final Decree or by way of a separate Court Order. Either way, it is easy, and the wife has the right to decide whether she wants to keep her married surname. No, husbands, you cannot require your ex to relinquish your surname. And wives cannot pick a new surname; they can only be reinstated to a maiden or former name.

If you decide months after the divorce that you want to go back to a former name, it may be too late to have the Domestic Relations Court enter the name change for you. In that event, one would have to file a new action through the Probate Court to accomplish the name change. That Probate action would likely take several months and add filing fees and more costs.

Also remember, if you do change your name, be sure to report the change … Read More... “The Name Game: Shirley, Shirley bo Birley . . .”

Part 2 -The Consequences of Domestic Violence Victims Changing Their Identity

identity.jpgSubmitted by Robert Mues with legal research and assistance from Aaron Hill, an extern from the University of Dayton School of Law.

Some cases of domestic violence in Dayton are so severe that an identity change may seem to be the only solution. At first glance, changing one’s social security number and name is an enticing proposition. However, there are a number of very serious consequences to consider before taking this drastic step.

Negative Consequences to Changing Your Identity and Social Security Number:

The effects of changing one’s identity and social security number are lasting. The victim is essentially eliminating any connection with his/her prior life and literally starting from scratch. The victim loses all professional and academic credentials, past credit history (good or bad), and loss of interaction with family and friends of the victim. This, in turn, makes it incredibly difficult to find a new career, buy a house or rent an apartment, obtain any type of insurance, or safely contact any former friends or family. Any transaction or event that requires identifying information will be inconvenient at the very least. Without job references, educational credentials, and credit history, it will be difficult to provide for oneself. Such … Read More... “Part 2 -The Consequences of Domestic Violence Victims Changing Their Identity”

The Pros and Cons Of Victims Of Domestic Violence Changing Their Identity

dvm.jpgIn recognition of October having been declared Domestic Violence Awareness Month, this post and next week’s article focus on trying to assist individuals who have faced such devestating violence.

This is the first of a two part article on this subject. While not widely known, the Social Security Administration had established a procedure in 1998 for victims of family violence to obtain a new Social Security number. The Administration states:

“Public awareness campaigns stress how important it is for victims to develop safety plans that include gathering personal papers and choosing a safe place to go. Sometimes the best way to evade an abuser and reduce the risk of further violence may be to relocate and establish a new identity. Following these changes, it also may be helpful to get a new Social Security number.

Although Social Security does not routinely assign new numbers, we will do so when evidence shows you are being harassed or abused or your life is endangered.

Applying for a new number is big decision. It may impact your ability to interact with federal and state agencies, employers and others. This is because your financial, medical, employment and other records will be under your former … Read More... “The Pros and Cons Of Victims Of Domestic Violence Changing Their Identity”

Understanding the Courts: Family Relations Department of the Domestic Relations Court of Montgomery County, Ohio

courtmc.jpgWhat Does the Family Relations Department of the Domestic Relations Court of Montgomery County, Ohio, do for the court and for the clients of the court?

The Family Relations Department entered into a Memorandum of Understanding Program Description wherein it describes it will provide the following services:

  • Guardian Ad Litem Services
  • Parenting Time Facilitation
  • Parenting Time Investigations
  • Home Study Investigations
  • Other.

An Interview with Sandra Fredrick, Manager of the Family Relations Department of the Domestic Relations Court of Montgomery County, Ohio, took place on Monday, June 30, 2008, with the specific intent to answer the question posited above.

Ms. Fredrick advised me that she had been with the Court since 1978, this being her thirtieth (30th) year with the Court. She explained to me that it was during Judge Charles Lowman’s term with the Court that he caused the Guardian Ad Litem program to be initiated to assist the Court with issues of custody, visitation, and other disputed child-related issues, especially for persons who did not have the money to pay for a psychological evaluation of the parties.

While the cost of a private psychological evaluation of the parties and significant others could easily exceed the sum of $2500.00, … Read More... “Understanding the Courts: Family Relations Department of the Domestic Relations Court of Montgomery County, Ohio”

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