Visitation: Stepparents are Parents Too!

Stepparents are Parents too! Stepparent Visitation!

visitationI always like to talk about the connotations associated with the words we use every day. Whether they are positive or negative, the words we use can have a grave impact upon a person’s feelings. One such word that comes to mind is stepmom or stepdad. Generally, feelings associated with the word step anything can result in feelings of negativity. I am sure everyone remembers Cinderella’s EVIL stepmother! Being a stepchild, I understand why those feelings can sometimes arise. Blended families come with many obstacles. However, I also know why they can also be associated with very positive connotations and because of that I thank God every day for blessing me with my stepfather, my dad. In the spirit of Father’s Day, I would like to talk about laws in Ohio that have resulted in stepparent visitation and sometimes even custody!

Visitation and Ohio Law

Ohio has codified within its laws three (3) ways to seek visitation with a minor child. They include the following:

  1. Ohio Revised Code § 3109.051: “In a divorce, dissolution, legal separation, annulment, or a child support proceeding that involves a child, the Court may grant reasonable companionship or
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INNOCENT SPOUSE AND IRS

INNOCENT SPOUSE AND IRS

INNOCENT SPOUSE: AN INTRODUCTION

innocent spouseFinancial decisions in a marriage are not always a joint venture; wherein both Husband and Wife cooperate in the decision making. In the first few years of my own marriage, my Husband filed our taxes for us. I would check to ensure he put in all my information, but I never looked to see what numbers he was putting into his part of the tax return. Now that I am an attorney practicing in divorce, I know the detrimental effects that can occur in these situations.

Sometimes the spouse in charge of the finances may make misrepresentations to the Internal Revenue Service (IRS) or they may not file a tax return at all. Even though only one spouse may be in charge of the finances, both Husband and Wife will be jointly and severally liable for any unpaid taxes, fees, interest, and penalties, even if you are the innocent spouse. When getting married, we put a lot of trust and faith in our spouse to do what is right, what is correct, and what is honest; but if something is done with your name attached, I urge you to be just as … Read More... “INNOCENT SPOUSE AND IRS”

Complicit: Tattletaling Required on Local Ohio Campuses

Complicit : Tattletaling Required on Local Ohio Campuses

complicitStudents at local universities should be more aware of their surroundings while on their school’s campus.  Few students are aware that both University of Dayton (UD) and Wright State University have a charge called “Complicit” within their Codes of Conduct.  The charge of “complicit” allows the schools to discipline students who have not actually engaged in behavior that violates the Codes, but who have witnessed that behavior in other students.

Complicit Charge in University of Dayton’s Code of Conduct

At UD, the Code of Conduct defines “Complicit” as the finding that, “it is clear that the student witnessed, was present at, and/or has been determined to be responsible for allowing (condoning by failing to report) violations to occur in their assigned residence (room, suite, apartment, and/or house).”  This means that a student can be charged as complicit if a student sees another student violating the Code of Conduct, even if they do not participate. Failing to report is enough to find that student as complicit. While the Code states that the violation must be in the student’s assigned residence, a representative from the UD Office of … Read More... “Complicit: Tattletaling Required on Local Ohio Campuses”

Social Security and Divorce Alert

“The problem with receiving unearned income through adjudication/settlement agreements In A divorce or dissolution when one receives social security income or social security disability income”

social securityIf you are a recipient of Social Security Income or Social Security Disability Income  and you are going through a divorce or dissolution, your first step should be to find an attorney who has a good working knowledge of social security income and social security disability income. Spousal support, child support, and property settlements are often the main issues in any divorce or dissolution. Not only does spousal support, child support and property settlements encompass a great deal of the divorce or dissolution proceeding, but when one receives these things as part of a global settlement or adjudication, and they are also receiving social security income, social security disability income, Medicare, or Medicaid, one can find that what they want and what they get can be often two very different things.

When the Social Security Administration determines the amount a recipient receives, they subtract what is known as “countable income” from the SSI base rate. The Federal SSI base rate for 2012 is $674.00 for an individual. Countable income is anything that is received in … Read More... “Social Security and Divorce Alert”

Parenting Time Suspension for Bad Behavior

Parenting Time Suspension can occur when a parent’s bad behavior gets in the way of the child’s best interest.

Parenting Time in dayton ohio

“Children must be considered in a divorce, considered valuable pawns in the nasty legal and financial contest that is about to ensue.” – P.J. O’Rourke

The truthfulness of O’Rourke’s statement cannot be more evident. Children going through a divorce are often caught in the middle of two parents at war. They can be fighting about money, parenting time, adultery committed, or even about why the toilet seat was once again left up. Although this fighting in and of itself can be a traumatic time for a child caught in the middle, the worst of the fighting results when a parent uses his or her children to hurt the other parent.

In a case in Montgomery County, Ohio, recently affirmed by the Second District Court of Appeals, the Court decided that it was time to show parents that bad behavior can result in a suspension of parenting time.

Thomas Gisslen had his parenting time suspended when the Courts determined his behavior resulted in a traumatic experience for his children. Mr. Gisslen became involved with the Courts in 2007 when he filed for … Read More... “Parenting Time Suspension for Bad Behavior”

Jurisdiction: A Case Study on Minimum Contacts

Jurisdiction – Divorce Wars Between Courts

jurisdiction in dayton ohio courtsJurisdiction is a common question in many cases. In Dayton, Ohio, the question arises in divorce or dissolution cases when married parties spend their entire married life as residents of one state; and when the marriage is in decline, one of the parties moves to another state and then seeks to have his/her divorce or dissolution in the state in which the party moved.

This is not often problematic because the question of whether or not the new state has jurisdiction (the right, power, or authority to administer justice by hearing and determining controversies) is never raised. Often times, the spouse who stayed in the state where the marital relationship existed does not object to jurisdiction. The spouse in the marital state, generally the defendant, will file his or her Answer, and the case will proceed as any divorce or dissolution case. However, there are certain times where this is just not the case. Sometimes the defendant will object to the new state’s jurisdiction. They will argue that the court does not have the right to make rulings against their person or their property. This is often true as no state … Read More... “Jurisdiction: A Case Study on Minimum Contacts”