The Untimely and Unexpected Death of Chris Henry…Questions About the Consequences for His Survivors

chery.jpgFans of football in general, but more particularly fans of the West Virginia University Mountaineers and the Cincinnati Bengals, mourn the untimely loss of Chris Henry on December 17, 2009.  He was just twenty-six (26) years of age.  Henry had a stellar career as a wide receiver at West Virginia University and was drafted by the Cincinnati Bengals in the third (3rd) round of the 2005 draft.  He had some notable off-the-field problems and at least five (5) legal-related incidents but was seemingly back on track with both his football career and life when he sustained an injury to his forearm in mid-season of 2009.  During the Cincinnati-Baltimore game, Chris sustained a fracture to his left forearm and was thereafter placed on the “injured reserve” list.

On the evening of Wednesday, December 16, 2009, there was an incident described as a “domestic dispute” involving Henry and his fiancé, Loleini Tonga. Reports say that Ms. Tonga was attempting to leave a residence in North Carolina when Henry jumped into the bed of the pick-up truck she was driving.  Henry was later thrown from the bed of the truck.  He sustained massive head injuries and died the next morning.

Many legal … Read More... “The Untimely and Unexpected Death of Chris Henry…Questions About the Consequences for His Survivors”

How To Dress For Court – Do’s And Don’ts

courtdress.jpgThe date for your “non-contested” divorce hearing or your dissolution hearing has been set.  What is the appropriate attire for Court?  First, it is most important to recognize that the two (2) hearings set forth in the first sentence indicate that the case has been “settled” or “resolved”.  Basically, this means that neither party will be testifying against one another and that neither party has a large stake or investment in the Court’s impression of either party.

FOR MEN: A nice pair of slacks and a dress shirt or golf shirt would be appropriate. A sports coat or suit may be worn but certainly is not required.  Shoes and socks should be worn as “flip flops” are prohibited.  Likewise, it may be ninety degrees (90°) in August and hot/humid, but shorts are not permitted to be worn in the Courtroom. Other prohibited articles of clothing include tank tops, tee shirts, shirts reflecting foul or vulgar language or politically incorrect language, and hats.

FOR WOMEN: A dress, skirt and top, or slacks and a nice top would be appropriate. As in the paragraph above, it would not be appropriate to appear in Court in shorts, a halter top, or … Read More... “How To Dress For Court – Do’s And Don’ts”

Planning Parenting Time for the Holidays – Tips to Follow

tipsxmas.jpgAs we are now into the month of November, it is not too early for divorced and divorcing parents to look ahead to the upcoming Christmas Holiday.  Here are some “tips” regarding the “nuts and bolts” of handling the Christmas holiday season.

  1. Read and examine the Parenting Time Schedule for your particular County which should be attached as part of your Final Decree or Court Judgment.  The Domestic Relations Court and Juvenile Court of each County have differing schedules. If your parenting time schedule has been lost or misplaced, you can obtain a replacement from your attorney’s office or the clerk where your order was filed.For example, Montgomery County, Ohio, has the following provision as to the Christmas Break:

    In all even-numbered years, the Mother shall have the children from 9:00 a.m. the day after school recesses (or 9:00 a.m. on December 20 if the children are not in school), until 9:00 p.m. December 24, and the Father shall have the children from 9:00 p.m. December 24 through 6:00 p.m. January 1.  In odd-numbered years, the reverse shall apply.

    And, Greene County, Ohio, has the following provision as to Christmas Break:

    In all even-numbered years, the Mother shall have the

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U.S. Father Arrested In Japan For Picking Up Children “Abducted” By Ex-Wife…..The “Rest Of The Story”!

hall09.jpgChristopher Savoie (“Father”) was arrested in Japan on September 28, 2009, for trying to take his two (2) children, Isaac Savoie, eight (8) years of age, and Rebecca Savoie, six (6) years of age, away from their Mother, Noriko Savoie, while she was walking the children to school.  Father forcibly placed the two children into his car and drove towards the U.S. Embassy or Consulate Office in Fukuoka, Japan. His goal was to get the children into the U.S. Consulate Office in order to obtain passports for the children so that he could return them to the United States.

His plan failed as he was apprehended by the police before he could reach the Consulate Office.   His pleas to the police in Mother’s home city in Japan that he was the “custodial” parent and that she was the parent who abducted the children from the United States were ignored by the arresting officers and the subsequent judicial officers.  Instead, Christopher Savoie was arrested and charged with attempting to abduct his own children, a charge with a potential sentence of five (5) years imprisonment.

Facts of the Savoie Case:

  1. The parties lived in Japan for most of their marriage. Four years
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“Helping Children Succeed After Divorce”, Seminar Update

sem3.jpgIt has been six months since our first blog article appeared regarding the Montgomery County Domestic Relations Court’s “mandatory requirement” that both parents must attend a seminar intending to assist parents in understanding what each must do to help their children succeed after a divorce or dissolution. Several questions have arisen since the initial article was published, and I shall endeavor to address them.

Question #1: Divorce is proceeding in Montgomery County, Ohio, but Wife/Mother has relocated to the State of Florida.  What is she supposed to do about the requirement to attend a seminar in the State of Ohio?

Once again, I contacted Galen Curry, Manager of the Parent Education Department of the Domestic Relations Court of Montgomery County, Ohio, and he advised me of the following options:

  • Mother could arrange to take the course in Montgomery County, Ohio, before the final divorce hearing, immediately after the final divorce hearing, or within a few days of the final divorce hearing in the State of Ohio.
  • Mother could arrange to take the course in Montgomery County, Ohio, before the final divorce hearing, immediately after the final divorce hearing, or within a few days of the final divorce hearing in the
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The Legal Distinctions Between “Sole Custody” vs “Shared Parenting”

legalcus.jpgFor many parents contemplating a divorce or dissolution of their marriage, a primary concern is which parent shall have “custody” of the child or children of the marriage.  I shall begin the article by addressing the differences between the two parenting systems in Ohio – “sole custody” and “shared parenting”.

  1. The parents have different names or titles:  In a situation where one parent has “sole custody” of the child/children, that parent is designated as the “residential parent and legal custodian” and the other parent is designated as the “non-residential parent” or the “non-custodial parent”.  In a shared parenting situation both parents have the same title. They are both designated as the “residential parent and legal custodian” of the child or children.  For school district reasons of residency and tuition, one parent’s residence is typically designated as the residence of the child for school district purposes.  The parent whose residence is the residence of the child for school district purposes may have a slight advantage over the other party as he or she has the ability to change residences with the child changing school districts accordingly.  For example, in a “shared parenting” arrangement wherein Mother’s residence is the residence of the
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Job is Lost! Now What Do I Do?

joblost.jpgIt is newsworthy that the State of Ohio has taken major “hits” in the job loss category and that our unemployment rate approaches 10%.  Recently, General Motors, aka Delphi, has closed most plants in Dayton causing a massive loss of jobs in the manufacturing sector.  Then, National Cash Register (NCR) announced the company was moving its headquarters and nearly fifteen hundred (1500) jobs to a suburb of Atlanta, Georgia.  The Dayton Daily News has reported that eleven (11) policemen are slated to “lose their jobs” due to budgetary constraints.  Also, businesses associated with supplying the auto industry with parts and services are feeling a financial “crunch” as their major or primary customer was General Motors, aka Delphi.

So, what is a parent (Father or Mother) to do when facing or experiencing a loss of employment?

Scenario #1:   Father is the Obligor (parent paying child support to the Mother/Obligee). He was employed by National Cash Register (NCR).  He does not want to move to the suburb of Atlanta, Georgia, wherein the new company headquarters shall be located.  He does not want to leave the Dayton community as he wants to remain in contact with his children and he has an “upside Read More... “Job is Lost! Now What Do I Do?”

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