Ohio’s Next of Kin Notification Program

ohio_next_kin.jpgIn September of 2008, Ohio became one of the first states to make a Next of Kin registration program available to its residents.  The Ohio state legislature established the program in response to situations where police and emergency personnel had been unable to locate or contact family members of people who had been fatally injured.  Several accidents occurred where people had been severely injured but not killed instantly.  Tragically, their relatives were unable to spend time with their injured relatives during their last hours due to the difficulty police had in identifying exactly who to notify.

The law specifies that anyone who has a valid Ohio driver’s license, temporary instruction permit, or non-driver identification card may voluntarily participate in the program.  The program allows an individual to provide the name and contact information of a person who they wish to be notified in the event the individual is involved in a crash or emergency and is otherwise unable to communicate with the contact person.  If someone under the age of 18 wishes to sign up for the Next of Kin program, one of their emergency contacts must be a parent or guardian.

The Next of Kin program requires an individual … Read More... “Ohio’s Next of Kin Notification Program”

Think Before You FACEBOOK…Especially if You’re in a Divorce!

facebook_div.jpgBy now, I’m sure that most of you have read how Facebook, and every similar social networking site, makes posting “too much information” on the internet just too easy.  Do a quick Google search for “Facebook and Divorce” and you’ll find links to many articles discussing the correlation of postings on internet social networks to an increase in divorce.  The American Academy of Matrimonial Lawyers says that 81 percent of its members have used or gone up against evidence in court plucked from Facebook, MySpace, Twitter, YouTube and LinkedIn over the last five years.

Consider the following situations:

  • Mom denies in court that she smokes marijuana but posts pot-smoking photos of herself on Facebook;
  • Dad claims minimal income from his small business and various “cash only” side jobs he performs but places posts and photos on Facebook of himself on fishing trips, gambling at the riverboat, and with new vehicles, including a Harley Davidson motorcycle; his new girlfriend also posts pictures of some of the gifts she has received from Dad;
  • During a custody dispute where Dad is alleging that child’s grades are falling, child is not receiving proper medical treatment, that Mom is allowing numerous men to have access
Read More... “Think Before You FACEBOOK…Especially if You’re in a Divorce!”

Establishing Paternity in Ohio – An Overview

establish_paternity.jpgThe 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”

Before You Start Swinging…Call the Dayton Mediation Center!

bad_neighbor.jpgHave you ever had a dispute with that grumpy neighbor next door or across the hall to the point that the two of you were ready to exchange words…or blows?  Ever have a dispute with a shady landlord who was trying to evict you for no good reason? Have you ever had intense disagreements with your family members over when or where to send one of your elderly parents after it became just too hard to provide proper care for that parent at home anymore? If you can answer “yes“ to those or to any other stress inducing interpersonal conflict you may have, resolving that conflict at the Dayton Mediation Center is an option you may not have known was available.

As a divorce attorney who understands that many big problems can be avoided if conflict can be addressed as soon as a small situation arises, I recently visited the Dayton Mediation Center to find out exactly how they help people solve their conflicts.  Michelle Zaremba, the Director of the Center, explained their mission and what mediation is all about.  She was quick to point out that mediation is not negotiation (“if you get this, then I want that…”), going … Read More... “Before You Start Swinging…Call the Dayton Mediation Center!”

Marriage Works! Ohio – Perhaps It’s Just What You Need!

marworks2.jpg“Wait a minute!  Did I read that right?  Marriage ‘building’ advice and links to what sounds like a marriage ‘strengthening’ organization on a Divorce Attorney’s website…what’s up with that?”  Those thoughts and questions may have run through your mind as you have explored our law firm’s blog and website, but you read correctly.  The desire to help strengthen marriages and prevent divorce, if at all possible, may be unusual in our industry, but saving marriages and strengthening families is good for society!  To that end, our website, as well as our Ohio Family Law Blog, provides people with links to pro-family organizations like Marriage Works! Ohio, an organization whose mission is helping couples strengthen their relationships.

We have teamed up with Marriage Works! Ohio since 2009 when they agreed to write monthly “Relationship Builder Tips” for our Ohio Family Law Blog. Those tips have been very well received and are an integral part of the blog. If you want to read an archive of those tips, click here. I was interested in learning more about the organization and the author of those tips. I recently had the pleasure of personally meeting Sydney Battle, the Support Services Supervisor … Read More... “Marriage Works! Ohio – Perhaps It’s Just What You Need!”

Child Abuse Investigations: Good, Bad or Ugly?

abusepre.jpgMost of us are familiar with Child Protective Services, or CPS.  CPS, or an agency with a similar name, is the agency in each state that has assumed the task of protecting our kids from abuse or neglect by adults, especially their own parents. A recent study explained in the October 2010 issue of Archives of Pediatrics and Adolescent Medicine suggests that child abuse investigations do not significantly reduce risk for future violence or abuse.  In fact, the study links investigations to increased depression in mothers.  The results have given ammunition to many who had already been calling for a drastic scaling back of CPS and the many millions of dollars that Congress and state legislatures annually direct towards CPS.

Congress passed the Child Abuse Prevention and Treatment Act in 1974 because of concerns about battered children.  That Act was also designed to encourage more thorough and accurate reporting and record-keeping in child abuse cases.  These days, the role of CPS has grown and evolved.  In 2007 alone, CPS nationally investigated more than three million cases of suspected child abuse.  Today, CPS also enjoys almost unlimited investigative and search and seizure powers, much greater than that of police, that can … Read More... “Child Abuse Investigations: Good, Bad or Ugly?”

What to Bring to Your First Meeting with a Divorce Attorney

firstmeetObtaining a divorce or dissolution is a process which often needs to be broken down into stages. Once you have reached the stage when you know that the marriage is “over”, you will need to then start the process of finding a divorce lawyer. Don’t overlook the importance of this step! There are a lot of divorce lawyers out there and finding the “right” one for you can be critically important. To read our suggestions about that subject click here to read the first part of our article about how to select a divorce lawyer and click here to read the conclusion of that article.

It is always a good idea to interview several lawyers. So, once you have the appointment scheduled, what should you consider bringing? Being prepared for that initial conference is important. Recognize that you may be nervous or emotional, so having a list of all your assets, liabilities and questions is a must.

Depending upon your issues and the facts of your case, here is a list of items to consider bringing to that initial meeting:

  • Prenuptial Agreement – a copy of yours if you signed one;
  • Pay Stubs – try to bring at least the
Read More... “What to Bring to Your First Meeting with a Divorce Attorney”
Page 2 of 2
1 2