The Role and Functions of a Guardian ad Litem in the State of Ohio, Pt. 2

In part 2, Attorney Anne Shale lists four more functions of a Guardian ad Litem in the State of Ohio including her conclusion.

Who pays for the services of the Guardian ad Litem?

The Court has great discretion in determining which party shall pay for the services of a Guardian ad Litem. In many instances, the Court will initially direct each party to pay for one half of the Guardian ad Litem’s fees. Depending upon the recommendations of the Guardian ad Litem, the Court may reserve the right to reallocate or reapportion the payment of the fees for the Guardian ad Litem.

For example, if Mother is asserting that Father is abusive with a harmful dependence upon drugs and/or alcohol and the Guardian ad Litem finds no evidence of same with his/her investigation of the family unit, the Court may direct Mother to pay for all of the Guardian ad Litem’s fees.

What are the “usual” fees for having a Guardian ad Litem?

The “usual” fees will vary from case to case and from Court to Court so the answer is dependent upon the facts of the case and the Court having jurisdiction of the case. In the Domestic Relations … Read More... “The Role and Functions of a Guardian ad Litem in the State of Ohio, Pt. 2”

Father’s Day Reflections, Including Freud and Tongue Biting

Father’s Day can be an extremely difficult one for many children. Unfortunately, thousands of children will not be with their father this Father’s Day due to many factors including divorce, death or service in the armed forces. As a result, many children don’t have the opportunity for a traditional Father’s Day.

I’d like to offer some thoughts about the importance of this day from the perspective of both a father and a practicing divorce lawyer for 30 years:

  1. Take the High Road. If it’s within your power to help a child spend some time or even talk with his or her father on Father’s Day, take the high road and make a special effort to make it happen. Across the country, thousands of children and fathers don’t have the opportunity to share their feelings with each other.
  2. Are You Too Busy to See Your Children? If you happen to be a father who lives with, or has access, to your children, realize how blessed you are to have children and don’t waste the opportunity to tell them how much you love them and how important they are to you! Thousands of fathers without such an opportunity would envy being in
… Read More... “Father’s Day Reflections, Including Freud and Tongue Biting”

New Study Concludes that Divorce is Neither Good nor Bad: May Not Cause Kids’ Bad Behavior

Here’s a news flash. The “experts” disagree! Many well-respected studies over the years have concluded that kids are often negatively impacted as a result of their parent’s divorce. However according to Allen Li, of the prestigious RAND Corporation’s Population Research Center in Santa Monica, California, most kids are not seriously affected by the divorce in the long term, but a divorce raises the risk that a child will have future problems. Li presented his findings in Chicago April 26, 2008, at a meeting of the non-profit Council on Contemporary Families.

The study by Li was based upon a large sample-6,332 children. His methodology differed from that which was used by others in the past. He didn’t measure children of divorced parents with children of married parents. Instead, he measured behavior problems such as crying, cheating or arguing frequently, in children ages four to fifteen before and after their parents’ split. He describes it as a “longitudinal approach”. Li found a slight increase in bad behavior on post-divorce children but excluded the finding because it was so slight. In the abstract to his study, Li concludes “that children of divorce would have fared equally well/poor in terms of their emotional well-being … Read More... “New Study Concludes that Divorce is Neither Good nor Bad: May Not Cause Kids’ Bad Behavior”

Mother’s Day – A Very Special Day!

Naturally Mother’s Day is a special day for families and especially for mothers. In this day and age however, there are often multiple females who may play a key role in a child’s life. Stepmothers and grandmothers raising their grandchildren as their own are now quite the norm. These women need to be recognized on Mother’s Day.

Stepmothers are often portrayed in a negative light. It is important to look at all sides, as a step mom often has to walk the tight rope. She has to carefully navigate the road so that she is an integral part of her new child or children’s lives, while still respecting the child’s need to honor and love their own mother. Grandmothers raising grandchildren as their own child has been an increasing occurrence in our society. Across the United States, more than 6 million children are being raised in households headed by grandparents and other relatives. In my opinion they should be nominated as saints! In addition to a child’s natural mother, a stepmother or a primary care giving grandmother can play a pivotal role in a child’s life.

Kate Fogerty has written extensively about the challenges of blending families. In a piece … Read More... “Mother’s Day – A Very Special Day!”

National and Ohio Statistics related to Grandparents Raising Grandchildren

I have listed some of the most intriguing statistics from the 2000 U. S. Census Bureau Table DP-2, Profile Selected Social Characteristics :

  • Across the United States, more than 6 million children are being raised in households headed by grandparents and other relatives.
  • 2.5 million children are in these households without any parents present.
  • Nationally, 4.5 million children are living in grandparent-headed households (6.3% of all children under age 18). This represents a 30% increase from 1990 to 2000.
  • There are another 1.5 million children in the United States who are living in households headed by other relatives (2.1% of all children under 18).
  • In Ohio, there are 157, 298 children living in grandparent-headed households (5.4% of all children in the state). There are another 35,333 children living in households headed by other relatives (1.2 % of all children in the state). Of the children living in households headed by grandparents or other relatives in Ohio, 76,794 are living there without either parent present.
  • Nationally, 2.4 million grandparents report they are responsible for their grandchildren living with them: 29% of these grandparents are African American;17% are Hispanic/Latino; 2% are American Indian or Alaskan Native; 3% are Asian ;and 47%
… Read More... “National and Ohio Statistics related to Grandparents Raising Grandchildren”

Grandparent Custody Issues From a Lawyer’s Viewpoint

Grandparents Gaining “Custody” of Their Grandchildren: Why? How? Where?

In an ideal world, children should be reared by a loving and caring two-parent family, having both a Father and a Mother, with plenty of caring relatives to assist with parenting activities during times of stress, need, or illness. Today, we are seeing more and more Grandparents taking on the responsibility of primary child-rearing of their Grandchild or Grandchildren. For the sake of brevity, this article is directed to Grandparents seeking “custody” of one Grandchild though they may, in fact, be seeking “custody” of several Grandchildren. Why are we seeing and reading about this happening or phenomenon?

    1. Some parents have problems with untreated mental illness. Our firm recently assisted Grandparents in gaining “temporary custody” of their young Grandson as the child’s Mother has Bipolar Disorder, aka Manic Depressive Disorder. When she adhered to her medication regime, she could provide safe and effective parenting for her Son. When she decided to discontinue her psychotropic medications, symptoms of her mental illness returned and she was not capable of providing for the needs of her Son.

 

  • Some parents have problems with alcoholism and other addictions. Persons who become physiologically and psychologically dependent upon
… Read More... “Grandparent Custody Issues From a Lawyer’s Viewpoint”

Grandparent Custody Issues From a Psychologist’s Viewpoint

Parenting Role Can Take Toll On Grandparents

Derek is an overwhelming challenge to his caregivers. He is active, curious and extremely talkative. Derek is a picky eater, occasionally wets the bed and is an endless bundle of energy. In short, Derek is a normal 3-year-old boy, so why was a psychologist seeing him?

The issue wasn’t really about Derek, but his family. Derek’s dad was absent, and his mom was in a drug rehab program. Derek was being raised by two loving grandparents in their early 60s. When confronted with the choice of foster home placement or caring for their grandson, the grandparents obtained custody of Derek. The grandparents were generally in good health and totally committed to their grandson. Even so, they struggled with the challenges of raising a toddler.

Derek’s situation is not uncommon. Primarily, grandparents raise about 2.5 million children. Twenty-nine percent of these grandparents are more than 60 years of age, and 19 percent of them live in poverty. For 1 million of these children, grandparents are raising these kids for five or more years.

I’ve worked with numerous grandparents who are raising children, and I’ve found them to be the most committed and dedicated people … Read More... “Grandparent Custody Issues From a Psychologist’s Viewpoint”

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