Robert L. Mues, Author at Ohio Family Law Blog

Blast From The Past: What Is Parental Alienation And Parental Alienation Syndrome?

Blast from the past 13 years Ohio Family Law Blog

Publisher’s Note: Here is an article originally posted on the Ohio Family Blog on November 15, 2008. Parental alienation continues unfortunately to be all too common in custody litigation. Domestic Relations Courts hear testimony about it daily. I thought this primer on the topic would be worth reposting today!

Does Parental Alienation Syndrome (PAS) Factor Into Determination Of Custody In Ohio?

There are a number of different factors and circumstances that have an effect on the determination of custody in Ohio. According to O.R.C. §3109.04(F)(1), the court must consider all relevant factors when determining the best interest of the child. One of those relevant factors under Section 3109.04 (F)(1)(I) includes whether either parent has continuously and willfully denied the other parent’s right to parenting time or visitation as ordered by a court. While visitation denials may be relatively easy to prove in court, that alone doesn’t amount to parental alienation.

Further, it is not uncommon for some amount of alienation to occur when parents first separate. Usually, the alienation subsides after the parents’ transition through the separation and move on with their lives. In some cases it doesn’t, and instead it continues and escalates to what has become referred … Read More... “Blast From The Past: What Is Parental Alienation And Parental Alienation Syndrome?”

Tips on Applying for Student Loans if Your Parents are Divorced

fafsa application custodial parent college

The FAFSA application (Free Application for Federal Student Aid)

Publishers Note: On June 8, 2013, we published “College Expenses: The Impact of Student Loan Debt On Your Child”. College loans are problematic. This seemed like an excellent time to update and address applying for school aid for kids whose parents are divorced. Click here to read the original blog article.

Applying for College? How to complete the FAFSA application (Free Application for Federal Student Aid) if your parents are divorced or unmarried

Selecting and applying to a college or university can be really tough and daunting. After doing that, unfortunately, you are likely not finished. Next ahead is completing the FAFSA (Free Application for Federal Student Aid) application. This can be complicated especially if your parents are divorced (or your parents are unmarried).

Custodial Parent Determination:

The “custodial parent” designated in your parents divorce paperwork does not control for FAFSA consideration purposes. If your parents are not married but living in the same household, you must include the information for both parents. If, on the other hand, your parents are not married and do not live together, then you fill out the application for the parent whom you live with … Read More... “Tips on Applying for Student Loans if Your Parents are Divorced”

LEGAL ALERT: Ohio Domestic Relations Courts will Reopen Monday, May 4, 2020, in Southwestern Ohio but with Restrictions?

Waiting To Proceed With Divorce? Domestic Relations Court Reopens Across Miami Valley On May 4, 2020

Despite the extension of the shelter-in-place Order now until May 29th issued by Governor DeWine on Thursday, most of the local Miami Valley Domestic Relations Court have decided to reopen on Monday morning, May 4, 2020. Most have been closed (or with limited staffing) hearing only emergency matters such as domestic violence cases.

Other “routine” scheduled matters, including pretrials, hearings and trials have been postponed (much to the frustration of the litigants and their lawyers). Many of these Courts have essentially “been dark” for over a month! Of course, this Court action was necessitated by the spread of the Coronavirus (COVID-19) pandemic.

All Courts going forward seem to be incorporating the CDC guidelines to protect the health of the public and Court staff.

To Face Mask Or Not Face Mask – A List of Local Miami Valley Domestic Relations Court Facial Covering Rules

– Montgomery County Domestic Relations Court is not specifically requiring folks to wear a facial covering to enter the building. Click here to read their Order filed on May 1, 2020.

– Greene County Domestic Relations Court is requiring individuals … Read More... “LEGAL ALERT: Ohio Domestic Relations Courts will Reopen Monday, May 4, 2020, in Southwestern Ohio but with Restrictions?”

Wondering About Domestic Violence in the Coronavirus (COVID-19) Shelter-in-Place Era?

coronavirus domestic violence artemis center

Dayton’s Artimis Center Ready to Provide Help for Domestic Abuse Survivors Affected by the Coronavirus Stay-At-Home Order

Recently I have read several articles online regarding the effect the various coronavirus shelter-in-place orders are having on domestic violence cases. Some places have seen a spike in those filings/incidents and others have not.

Logically, one might think that the quarantine orders along with the stress and financial hardship of COVID-19 would naturally result in a much higher number of domestic violence incidents. To get a better handle on this situation locally, I reached out to Jane Keiffer, MSW, LISW, and the executive director of the Artemis Center in Dayton.

Interestingly, Ms. Keiffer shared with me that there has not been a spike in calls at Dayton’s Artemis Center since the stay at hone order went into effect on March 15, 2020. She said, “We believe that this is due to the abuser being at home, monitoring the victim, close quarters so calls are not private, phones are being taken away or broken. We do not believe it is because violence is not occurring.” Neither the Dayton Police or Montgomery County Sheriff Departments have seen an increase in domestic violence calls either.… Read More... “Wondering About Domestic Violence in the Coronavirus (COVID-19) Shelter-in-Place Era?”

BEWARE: Cybercriminals are Trying New Scams In this Coronavirus (COVID-19) Era

Coronavirus Pandemic Brings Out Scam Artists Who Prey On People’s $1200 Stimulus Checks

Cybercriminals, slimy marketers and scammers are hard at work during the Coronavirus pandemic. They are hard at work trying to pry on frightened consumers, steal personal information and even blackmail folks. In addition, they are devising ways to try to fraudulently obtain peoples $1200 stimulus checks. We all need to be vigilant and be on “high alert”. “This is a breeding ground for scam artists. It’s kind of the perfect storm with all of the tragedies that we have going on across the country and across the world,” said John North, president and CEO of the Dayton and the Miami Valley.

Fear and confusion surrounding the coronavirus pandemic as well as people’s desire to help others, creates a fertile ground for scammers , said Ohio Attorney General Dave Yost. Yost warns Ohioans to ignore all the online advertisements hawking cures for the coronavirus and emails claiming to be from the Centers for Disease Control and Prevention (CDC) or other expert sources with special advice or information about the coronavirus. To download the Ohio Attorney General’s brochure about consumer scams click here.

COVID-19 Extortion

My Ex Won’t Let Me Have My Kids Because of the Coronavirus. What Can I do?

coronavirus parenting time divorce essential travel

Is Parental Time Affected By The Coronavirus Essential Travel Order In Ohio?

I have been practicing family law and divorce in Ohio for over 40 years. Coronavirus is a novel situation, but I will do my best to share some insights into this topic. The COVID-19 situation is a very fluid situation. In addition, each case and the analysis would be dependent on the facts of the specific case as well as the Court and Judge.

Pursuant to both of the Ohio’s Stay at Home Orders, travel has been reduced to only essential travel. Under these Orders, essential travel is defined based on specified travel purpose, including “travel required by law enforcement or court order, including to transport children pursuant to a custody agreement.” Individuals falling under any of the essential travel purposes must still “comply with all Social Distancing Requirements.” (See, Section 12 (e) of the Ohio Order of April 2, 2020). So, to be clear, Court Ordered parenting time is NOT altered by the shelter-in-place Orders.

Although many Courts are presently working with limited staff, that is not the case in the Montgomery County, Ohio Domestic Relations Court. Many motions have been filed dealing with … Read More... “My Ex Won’t Let Me Have My Kids Because of the Coronavirus. What Can I do?”

Parenting Issues and Tips in the Age of the Coronavirus (COVID-19)

How Does The Coronavirus (COVID-19) Affect Divorce And Domestic Relations In Ohio Courts?

Ohio is under a state of emergency declared by Governor DeWine. Life will be very different for all of us for the foreseeable future. The ramifications of the viral nightmare are significant and changing by the hour. Not only do we need to practice social distancing but schools are closed – jobs and business are changing and many being lost.

While not trying to be glum, there are huge consequences for divorced individuals with shared parenting or other parenting schedules. In addition, divorce courts now generally have skeleton staffing in place and are only holding only emergency type hearings/trials such as on Domestic Protection Order matters. Further, there is really no caselaw or precedent that Judges and lawyers can cite that is instructive as to how Court’s will likely deal with Coronavirus related parenting disputes.

3 PARENTING TIPS DURING THE CORONAVIRUS PANDEMIC:

Communicate More with Your Ex-Spouse: No matter how cordial your communications have been with your Ex, now is the time that you BOTH need to improve them and minimize any squabbling. Remember that the most important priority is focusing on maintaining your health and

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