Cohabitation: The Greatest Threat to Your Children’s Future

cohabitation_greatest_threat _childrens_future.jpgThink about this statement: “The rise of cohabitating households with children (where parents aren’t married, just living together) is the largest unrecognized threat to the quality and stability of children’s lives in today’s families.”  That’s pretty strong stuff, but it’s exactly what a new research study concludes.  While divorce has been the leading cause of the breakdown of the family and marriage for the last 40 years, the study shows that divorce is no longer the leading cause.  The study shows that cohabitation is now the greatest threat to the welfare of children in the United States!

The August 2011 study was sponsored by the Center on Children and Families at Brookings and is entitled “The Marginalization of Marriage in Middle America”. It was written jointly by two family scholars, one a conservative (W. Bradford Wilcox, director of the National Marriage Project) and one a liberal (Andrew J. Cherlin, professor at John Hopkins University).

The study found the following: in affluent neighborhoods where many college-educated Americans live, marriage is alive and well and divorce has declined to levels not seen since the “divorce revolution” of the 1960’s.  In contrast, marriage and family stability have both been in decline in the … Read More... “Cohabitation: The Greatest Threat to Your Children’s Future”

Who Gets to Keep the Engagement Ring?

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 $2,000.

The case cited the general principle of law:  The donor of an … Read More... “Who Gets to Keep the Engagement Ring?”

Can My Child Choose Which Parent to Live With?

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 in accordance with sections 3109.21 to 3109.36 of the Revised Code, the court Read More... “Can My Child Choose Which Parent to Live With?”

The Pendulum of Divorce Discovery

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 than you have ever felt in your life! How do we know this? … Read More... “The Pendulum of Divorce Discovery”

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

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 the following proclamation:

“Whereas, National Stepfamily Day is enhanced by our strong commitment Read More... “Did You Know that National Stepfamily Day is September 16th?”

The Mediation Process in Montgomery County Domestic Relations Court

mediation_process.jpgAlternative dispute resolution can be a wonderful tool in divorce cases. Montgomery County’s Domestic Relations Court, along with many other divorce Courts, have adopted mediation conferences as a voluntary or, in some cases, mandatory prerequisite to trial. I am focusing this article on how that process works in Montgomery County.

So one might ask, “What is mediation?” In this context it is essentially a way of resolving disputes between the husband and wife and to hopefully eliminate issues in the divorce case.  In Montgomery County there are two neutral mediators (facilitators) involved in the session(s). One is a lawyer who has experience as a divorce court magistrate and the other has a family services social worker background.  They work to assist the parties to negotiate their own settlement. They can let the couple know what the laws are, but not give legal advice, and try to guide them through the complicated process in a way that helps them find solutions.

Lawyers may or may not attend the mediations. The sessions are completely confidential. No notes or writings generated by the parties or their lawyers in the mediation are allowed to leave the room. The mediators will generate a report indicating … Read More... “The Mediation Process in Montgomery County Domestic Relations Court”

A Child’s College Education – Often a Hidden Cost in Divorce!

college_djv.jpgA divorce often leads to many changes within a family. Recognizing this fact is extremely important, especially when children are involved. Divorcing parents should ask themselves each step of the way what they can do to minimize the negative impact on their children. Parental funding of a child’s college education often becomes a casualty in the process.

A recent study published in the Journal of Family Issues which was led by Ruth N. Lopez Turley, an associate professor of sociology at Rice University, confirms a major disadvantage for children from divorced families: Kids whose birth parents divorce get less financial help with college costs, even if their parents remarry, the study finds.

Parents who stay married to each other meet 77% of the tuition costs and contribute about 8% of their income to their child’s college expenses, according to the study of 2400 undergraduate students. Not surprisingly, especially to most divorce lawyers, parents’ contributions to college costs fall after a divorce. Divorced parents meet only 42% of their children’s financial needs and contribute only about 6% of their income.

But divorced parents who later remarry continue to lower funding levels meeting just 53% of their children’s needs and … Read More... “A Child’s College Education – Often a Hidden Cost in Divorce!”

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