Robert L. Mues, Author at Ohio Family Law Blog

Patience During a Divorce…Really?

How Can I Reduce Stress and Burden During the Divorce Process? Form a Team of Support That Includes Friends, Family and Professionals

Divorce can often times be a long process. As we all know COVID has been a game changer and has affected almost every aspect of many of our lives. This is true when it comes to divorce as well. With the onset of COVID, in many states divorce cases began to slow down. This was for a myriad of reasons.

For one, people were sheltering in place and simply not going anywhere. Courts were adjusting and scrambling to achieve proper COVID precautions. However now with increasing numbers of fully vaccinated adults, people are starting to get on with their lives, and this includes going forward with a divorce they might have been keeping on hold. Courts are now faced with a backlog of cases and so unfortunately many people are finding that the divorce process is taking a little longer than previously. So, what to do? Be patient! Easier said than done, but patience can be your strongest ally in your divorce process.

Tips to Help you Through The Process

There are some tips in trying … Read More... “Patience During a Divorce…Really?”

What Are Co-Parenting and Parallel Parenting Arrangements?

parallel parenting co parenting shared parenting plan

Parallel Parenting vs. Co-Parenting

Parenting Methods That May Work For You: Co-Parenting and Parallel Parenting

Ohio Courts may designate 1 parent as the sole custodial parent or both as equal residential parents under a shared parenting plan. In a divorce, the statute that establishes that is R.C. § 3109.04. The best interests of the child always are the paramount consideration.

However, there are two other parenting methods in the non-legal world that are important to be aware of in order to be fully informed.

Co-Parenting:

This approach will work best for those parents who act and problem-solve together despite their differences and are no longer living with one another. Typically, these parents are operating under a shared parenting plan.

This approach involves putting the best interest of your child first often by making going between houses a low-stress situation, attending school functions and extra-curricular events with one another, and frequent, detailed communication. Further, their parental interaction is cordial and there is a safe space for conflict resolution in order to keep a level of normalcy for the child. Essentially, a low conflict ideal situation for the kids!

What do you do if your co-parent is no longer willing … Read More... “What Are Co-Parenting and Parallel Parenting Arrangements?”

Blast From The Past: Gambling: The Consequences Of Financial Misconduct In A Divorce

Blast from the past 13 years Ohio Family Law Blog

Financial Misconduct in a Divorce, Is it a Gambling Addiction?

PUBLISHER’S NOTE: This blog about financial misconduct in a divorce case is as meaningful today as it was when we originally posted it on April 22, 2017. We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Overview on Ohio Divorce Law: Gambling as the Basis for Financial Misconduct and Unequal Division of Marital Assets Upon Divorce

Gambling exists in every state (even in Utah and Hawaii where it is illegal), but not everyone gambles the same. If gambling gets out of control, it becomes a real medical condition. A “Gambling Disorder”, as the affliction is known, affects slightly more than 2 percent of all U.S. adults. According to the Mayo Clinic, “Gambling can stimulate the brain’s reward system much like drugs such as alcohol can, leading to addiction”.

Individually, male gambling addicts typically accumulate an
average debt between $55,000 and $90,000. Female gambling addicts average a $15,000 debt, by one estimate. But as one might expect, most gamblers do not have sufficient resources to pay back what they owe.… Read More... “Blast From The Past: Gambling: The Consequences Of Financial Misconduct In A Divorce”

Having Trouble Co-Parenting? Consider Co-Parent Therapy or Counseling?

Consider Co-Parenting Counseling When Sharing Parenting Responsibilies Become Difficult With Your Former Spouse

Recently I posted an article on the blog discussing co-parenting and parallel parenting arrangements. Perhaps you and your ex have decided on a co-parenting arrangement. If you are finding it difficult to do so and the children are suffering from the conflicts between you and your ex, then it might be wise to seek co-parenting counseling.

When parents decide to share parenting time, there are an awful lot of things to consider and coordinate in order to make it a successful arrangement for all. The number one priority is, or should be, the kids. The two parties may find it difficult just being in the same room together, but it is imperative that they put aside the animosity they might feel for one another and focus on the children. When co-parenting there is much to consider. Kids need to do a lot of things such as go to school, attend extra-curricular activities, visit with friends, go on trips, etc. They need a lot of “things” too, such as school supplies, clothes, sports equipment, toys, nutritious food, doctor and dental care, etc., etc.

As a parent, … Read More... “Having Trouble Co-Parenting? Consider Co-Parent Therapy or Counseling?”

What is a First Right of Refusal Clause in a Child Custody Case?

Are Clauses Needed In A Child Custody Case? Weighing The Pros And Cons.

Parenting time is often one of the most important issues in a divorce or custody case. Crafting the agreement allocating parenting time can be difficult. It is impossible to anticipate all the schedule changes that daily life “curve balls” can cause, such as illness, emergencies, and changes in work schedules. One solution to that problem is to incorporate a “First Right of Refusal” into the shared parenting plan or seperation agreement.

WHAT IS A FIRST RIGHT OF REFUSAL CLAUSE?

Typically, this clause requires that one parent must first offer any time he/she can’t accommodate the child during their regular parenting time to the other parent. This “offer” must be made to the other parent BEFORE attempting to make any alternate plans for the child.

For instance, if the parties share the child week on and week off and have negotiated a typical first right of refusal clause, and let’s say that Dad can’t care for the child due to a family emergency for 5 hours, then he must offer the time to Mother rather than having a family member or care giver watch the child. This … Read More... “What is a First Right of Refusal Clause in a Child Custody Case?”

An Overview of Child Custody Proceedings in Ohio

Understanding the Intricacies of Ohio’s Custody Laws

Ohio law is gender neutral in custody determinations – meaning there is no preference towards the mother or father being granted custody. In divorce court, “shared parenting” between the mother and father is generally the preferred parenting arrangement instead of sole custody to one parent. If a parent is awarded sole custody, they have the decision-making rights over where a child will attend school and major legal or medical decisions on their behalf. However, that is not always the case and the “best interest” test is employed to determine the best interest of the child.

A court takes into consideration numerous factors such as: the mental and physical health of both parents, any history of domestic violence, child abuse or neglect, and parents’ commitment to facilitate and honor parenting time to name a few. In some cases, a judge will appoint guardian ad litem to assess the child’s best interests in order to act as the child’s voice in a custody case.

In the case of unmarried parents, the custody of the child is placed by law with the mother until court issues an order designating another person as the residential … Read More... “An Overview of Child Custody Proceedings in Ohio”

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