Grandparents Series #1 The First Obstacle: Unfit to raise your own child. Parents have powerful rights under the U.S. Constitution and the Courts are charged with protecting those rights. In Ohio, unless a Court finds that a parent is “unsuitable,” or “unfit,” a parent will keep custody unless he or she voluntarily gives custody to
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What Does a Guardian ad Litem (GAL) Do? – Ohio Child Custody
For a parent involved in a child custody case, GAL may become the three most important letters in the world. Who is a Guardian ad Litem? A Guardian ad Litem (GAL for short) is a person appointed to represent the interests of a child. The GAL does not represent either parent, or any other party
Continue readingLegal Rights of Unmarried Fathers in Ohio
Under Ohio law, unmarried fathers are treated very differently than married fathers. Married fathers are protected by the law. Ohio Revised Code (ORC) §3109.03 provides that after a divorce the husband and wife “shall stand upon an equality as to the parental rights and responsibilities for the care of their children and the place of
Continue readingThe Divorce Reform Act replaced the The Tender Years Doctrine in Ohio
In theory/according to Ohio statute, mothers and fathers have equal standing before a juvenile court or domestic relations court when seeking custody of their children (assuming that the father can prove paternity and has provided financial support for the child prior to the custody case). In reality, the presumptions that determine child custody decisions have
Continue readingMemorandum Re Voluntary Terimination of Parental Rights Ohio
Co-parenting after a split is often very frustrating and time consuming. A very common question from my clients is whether the other parent can simply “sign away” their parental rights. This is usually in response to a parent who is not especially concerned with the child but uses parenting time as a weapon. Oftentimes, these
Continue readingRecent Changes to Ohio Child Support Laws
Ohio child support laws ensure that every child receives at least minimal financial contributions from both parents in the event that the child’s parents divorce (or were never together for the long term) and cannot agree on how to provide for the child’s basic needs. These Ohio laws not only benefit children but also society
Continue readingThe Court of Appeals Corrects a Spousal Support Disaster!
There is a reason that God created the Court of Appeals; sometimes, the trial court flat out gets it wrong with spousal support. When the trial court misinterprets the facts or misapplies the law, it is up to the party harmed to file an appeal in hopes that the Court of Appeals will fix the
Continue readingWHY I LOVE FAMILY LAW DEPOSITIONS AT THE DAYTON LAW LIBRARY
In addition to the usual trappings of a regular public library, a law library offers services to its members such as free internet, heavy law books for the technological hold-outs, and meeting rooms. The Dayton Law Library, located on the 5th Floor of the Dayton-Montgomery County Courthouse, 41 North Perry Street, Dayton, Ohio, (just beyond
Continue readingBABY BOOMER DIVORCES – A RISING TREND
Boomers seeking divorce more than ever as they age We’ve been seeing a rise in the number of baby boomers coming into divorce court over the past few years, and now a study is confirming that it’s not just a trend in the Dayton area. How common is it? Take a look at these figures
Continue readingHOW TO NAIL YOUR MEETING WITH A NEW LAWYER
Clients often hire the wrong lawyer. One of the big reasons clients hire the wrong lawyer is because they find a list of stock questions to ask during their first appointment and insist on limiting the first appointment to their script. They base what can be a critical decision on stock information, hire a lawyer
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