Child Custody: Parents versus Grandparents

An Overview Of The Child Custody Case Timothy Cantrell v. Erica Trinkle (2011-CA-17)

child custodyThe Juvenile Court of Clark County, Ohio awarded custody of the minor child (“CC”) to the paternal grandparents. Mother appealed the decision.

Court of Appeals Holding:

The Juvenile Court’s finding that the Mother was an “unsuitable parent” was against the manifest weight of the evidence.

Parties to the action:

Timothy Cantrell:  Father of CC.
Erica Trinkle: Mother of CC.
Tracy and Randy Wood: Paternal grandparents of CC.

Facts of the child custody case:

Timothy Cantrell (“Father”) and Erica Trinkle (“Mother”) had a child, CC, out of wedlock in September 2007.  In March 2008, Mother’s Father was providing child care for CC while Mother was working.  An automobile accident occurred and the child was not injured. Allegations were made that the maternal Grandfather was intoxicated at the time of the accident.  That allegation was not substantiated. Following the automobile accident, a referral was made to the Clark County Children’s Services Board (“CSB”). Neither Father nor Mother complied with the voluntary case plan with CSB and the case was “closed” in December 2008.

In June 2008, Mother and Father ended their relationship with one another.  Mother and CC moved … Read More... “Child Custody: Parents versus Grandparents”

Marriage: Better the Second Time Around?

Marriage: Better the Second Time Around?

Is Marriage Better the Second Time Around? Or, Are Second Marriages More Successful than First Marriages?

marriageMany years ago, a singing icon and legend, Frank Sinatra, released a song entitled “The Second Time Around”…..its words begin as follows—“Love is lovelier the second time around; Just as wonderful with both feet on the ground; It’s that second time you hear your love song sung……..Makes you think perhaps that love, like you, is wasted on the young”…he goes on to praise the greatness of second-time relationships. But, what are the facts about second marriages?  Do they fare well or do they fare poorly?

On September 15, 2011, Lisa Helfend Meyer posted an article entitled, “Second Marriage for Better or Worse”. The author and family law attorney stated that while 41 percent of first marriages end in divorce, the failure rate is even higher for second marriages with 60 percent ending in divorce.

While one would think that the individual having one failed marriage would be more cautious, more careful, more selective in choosing a new mate, research studies reflect that most divorced individuals become lonely and needy and want to be back in a relationship.  Hence, … Read More... “Marriage: Better the Second Time Around?”

Fatherhood Leads to Drop in Male Testosterone Levels

New Study: Fatherhood Leads to Drop in Male Testosterone Levels!

fatherhood

On September 12, 2011, the New York Times published an article regarding a recent study of six hundred (600) men in the Cebu Province of the Philippine Islands. The research study measured the testosterone levels of men when they were age twenty-one (21), single and without children, and again five years later after some had entered fatherhood. Fatherhood resulted in a great decline in testosterone levels when compared to the men who remained childless.

What is testosterone? Testosterone, called the “Father of All Hormones”, serves many purposes in the male body. The hormone is responsible for the following:

  • the growth and development of male sexual characteristics;
  • the deepening of the male voice during puberty;
  • the growth of facial and body hair;
  • the male sexual drive, i.e. “libido”;
  • the production of sperm;
  • the maintenance of muscle mass and strength; and
  • the ability to experience sexual relations.

What did researchers conclude when they determined that Fatherhood resulted in a drop in testosterone levels?

They agree that the testosterone levels decrease with fatherhood, as the Father becomes more involved with child rearing.  Men who spent more than three hours a day caring … Read More... “Fatherhood Leads to Drop in Male Testosterone Levels”

Divorce Celebration: Complete with Cake!

Should We Participate in a Divorce Celebration?

Divorce CelebrationThe word “celebration” is derived from the verb “celebrate” which is defined as “to commemorate an anniversary, holiday, etc., with festivity”. If you think of a birthday celebration, you think of gifts, a party, and a birthday cake! If you think about a wedding, you think about the ceremony, the reception that follows, and a wedding cake! If you think about someone’s graduation or retirement, there is the assumption of a party with a cake to be included with the celebration. But, do you think about a divorce celebration? Some persons do; and some bakeries are happy to oblige by providing divorce cakes.

There is a bakery in Broward County, Florida, that has been making divorce celebration cakes for approximately three years. The owner works carefully with her customers to create a cake that symbolizes the “happiness” or “celebration” in being “set free” or in celebrating a new beginning for a new stage in life. She advises that she sells approximately three divorce cakes per month. I shall describe three of the divorce celebration cakes that have been made at the Florida bakery:

  • A cake with the topping of a wedding ring
… Read More... “Divorce Celebration: Complete with Cake!”

Divorce: Top Ten “Things To Do” After

Top Ten List of “Things To Do” Following a Divorce Proceeding!

Divorce Things To dp afterSimilar to David Letterman’s Top Ten Lists, many family blog sites have postings regarding the top ten “Things to Do” following a divorce proceeding. This is my list of priority items to accomplish after the filing of the Final Judgment and Decree of Divorce.

TOP 10 THINGS TO DO “AFTER” A DIVORCE 

Number 1: Read, study, examine, and explore the terms of your Final Decree. Make a list of those things Husband is to do and a list of those items Wife is to do. No one is available to “police” the terms of your Final Decree. If you do not receive a lump sum payment or if you do not receive the title to the car you are driving, or if you do not receive your share of the other spouse’s retirement benefits, no one knows that until or unless you bring it to the attention of your counsel and the Court. Your counsel can then write letters to the opposing counsel to determine if compliance shall be forthcoming or if a Motion to Show Cause is appropriate.

Number 2: Take steps to establish a workable budget. … Read More... “Divorce: Top Ten “Things To Do” After”

Support Payments and The Support Enforcement Agency

In Ohio, Do Support Payments Have To Be Made Through The Support Enforcement Agency?

support payments in ohioDo child support/spousal support payments have to be made through the Child Support Enforcement Agency (CSEA) or through the Ohio Child Support Payment Central (OCSPC)? This question is generally answered with a resounding “Yes”! There are many reasons for the involvement of the CSEA and the OCSPC.

What do the CSEA and OCSPC stand for? What role do they play in Support Payments?

Each county in the State of Ohio has its own Child Support Enforcement Agency (CSEA) charged with keeping accounts and payment histories for each child support/spousal support order involving children or ex-spouses residing in that particular county. The Ohio Child Support Payment Central is an agency located in Columbus, Ohio. It was created by the Ohio Department of Job and Family Services in response to Federal legislation mandating the implementation and operation by each state of a disbursement unit for collecting and disbursing child support and spousal support payments.

Why are these two agencies needed to provide oversight and collection of support payments?

Both agencies are vital and necessary as the State of Ohio has a vested interest in collecting maximal child … Read More... “Support Payments and The Support Enforcement Agency”

FINANCIAL AFFIDAVIT – WHEN YOUR SPOUSE LIES

My Spouse “Lied” on His/Her Financial Affidavit

Lies and Misrepresentations on the Financial Affidavit in Ohio Divorce Actions

Financial Affidavit in dayton ohioIn Ohio, when a divorce proceeding is initiated, the Plaintiff files his or her Complaint for Divorce along with his/her Financial Affidavit and other pleadings. The Financial Affidavit, a “sworn” statement made under oath disclosing the incomes, assets, liabilities of the parties and the monthly expenses of the Affiant. The Financial Affidavit, also called the Affidavit of Income and Expenses, is a very important pleading, as it provides the filing party the opportunity to request (1) temporary custody of the child or children, (2) temporary child support, and/or (3) temporary spousal support during the pendency of the proceeding. This Financial Affidavit is also the pleading that is relied upon by the Court in determining the amount of temporary support (child and/or spousal support). Accordingly, if the Plaintiff “lies” or “misrepresents” the incomes or earnings of either party, the resultant Temporary Order of Support may be improper and unduly burdensome to the Obligor (person ordered to pay support).

The first step to avoid a “bad” Temporary Order is to make sure that your Financial Affidavit is through and accurate. On October 9, … Read More... “FINANCIAL AFFIDAVIT – WHEN YOUR SPOUSE LIES”

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