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Establishing Paternity in Ohio – An Overview

The 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”

Why Selecting One Court Over Another Could Be Important In Your Dissolution

In order to terminate a marriage in the State of Ohio via a divorce proceeding, the party seeking to terminate the marriage must meet certain requirements as to residence of the parties. By law, if a party is seeking a divorce from the other party in Ohio, one of the parties must have been a resident of the State of Ohio for more than six (6) months and a resident of a particular County for more than ninety (90) days preceding the filing of the Complaint for Divorce. By contrast, if the parties in a marriage seek to terminate their marriage by a dissolution proceeding, one of the parties must have been a resident of the State of Ohio for more than six (6) months before filing their Petition for Dissolution of Marriage. By statute, Ohio Revised Code (“ORC”) Section 3105.62 reflects the following language:

“One of the spouses in an action for dissolution of marriage shall have been a resident of the state for at least six months immediately before filing the petition. . . .”

The difference in the jurisdictional requirements for filing a Complaint for Divorce versus filing a Petition for Dissolution of Marriage in Ohio provides … Read More... “Why Selecting One Court Over Another Could Be Important In Your Dissolution”

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:

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.
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

Should Parental Alienation be Classified as a Mental Disorder?

We have blogged in the past about parental alienation and “Parental Alienation Syndrome.” Currently, Parental Alienation Syndrome (PAS) is a hot topic among the family law and psychiatric communities. The American Psychiatric Association is in the process of updating its formal list of medical disorders and, therefore, has to decide whether to include PAS in its new list of confirmed mental health disorders.

According to Wikipedia, “Parental Alienation Syndrome (abbreviated as PAS) is a term coined by Richard A. Gardner in the early 1980s to refer to what he describes as a disorder in which a child, on an ongoing basis, belittles and insults one parent without justification, due to a combination of factors, including indoctrination by the other parent (almost exclusively as part of a child custody dispute) and the child’s own attempts to denigrate the target parent”.

I suspect virtually all Family Law attorneys will tell you that, unfortunately, purposeful parental alienation is all too common in hotly contested custody actions. So, while there appears to be little debate on its existence, there is a bitter debate as to whether it represents a mental illness. On top of that, there is concern that certain opposition to visiting with … Read More... “Should Parental Alienation be Classified as a Mental Disorder?”

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”

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

Sudden Divorce Syndrome: Reality or Myth?

I am pleased that Donna Ferber, a psychotherapist and a frequent contributor to the Ohio Family Law Blog has agreed to co-author this article with me! Our goal is to present both the legal and emotional perspectives of a trend that we are seeing in our professional practices: long term marriages ending by divorce when the wife has come to the conclusion that she has just “had enough” and that the husband is seemingly caught “blindsided” by the situation. The intent of the article is not a male versus female point and counterpoint, but rather a collaborative discourse that can provide insight into the complexity of the issues.

My legal analysis is in regular black font and Donna’s perspective as a psychotherapist is in blue italics…

Having been a divorce lawyer for over 30 years, I see recurring themes in many of my cases. Statistics show that there will be about a million divorces in the United States this year. About 75% are filed by women. More of my male clients are telling me that they are completely “blind-sided” by the divorce situation. These are individuals in long-term marriages who have honored their wedding vows, are not abusers, and … Read More... “Sudden Divorce Syndrome: Reality or Myth?”

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