Robert L. Mues, Author at Ohio Family Law Blog

Estate Planning for Second Marriages

The Need For Proper Estate Planning In Second Marriages

Researched and written by Tammy Chavez, third year law student at the University Of Dayton School Of Law, and a former law Extern for our Firm.

Estate planning Plays A Crucial Role For Second Marriages

estate planning second marriages Nowadays, second marriages are not uncommon. In fact, 40% of all new marriages involve remarriages. Regardless of the reason for remarriage, estate planning is more important than ever for second marriages. Estate planning plays a crucial role for second marriages, in ensuring a person’s assets are distributed according to his/her wishes.

In order to relieve some of the confusion surrounding estate planning with second marriages, I had the opportunity to discuss this confusing topic with Holzfaster, Cecil, McKnight & Mues’ very own specialist in Estate Planning, Trust and Probate Law, Mr. Joseph Balmer.

In interviewing Mr. Balmer, he stated “three things that I always want to look at are: (1) are we looking to take care of the spouse during her lifetime while also preserving assets for the children of a prior marriage? (2) How do we need to title assets to accomplish our objectives? (3) Do we need to consider estate tax … Read More... “Estate Planning for Second Marriages”

In Ohio, Might You Be Liable for the Actions of Your Children? You Might be Surprised!

Parents Could Be Held Liable For Their Child’s Wrongdoing. A Look At 5 Areas Parental Responsibility Laws Regulate In Ohio

Parents Take Note – You Could Be Liable For The Actions of Your Children!

parents liable responsibility law

The answer to that question is “It depends on the facts”. There are five (5) general areas that parental responsibility laws in Ohio regulate.

PERSONAL INJURY BY ASSAULT: In Ohio, a parent can be sued civilly and held liable for the willful assault of their minor child if the force is likely to produce great bodily harm. This liability does not extend to accidental injuries. The parents liability is limited to $10,000, plus court costs. See O.R.C. Section 3109.09.
PROPERTY DAMAGE & THEFT : A parent (or legal guardian) can be liable, just as in number 1 above, for up to $10,000, plus reimbursement of the claimant’s cost of taking the matter to court, if a minor in the parent’s custody willfully damages property belonging to another. This law focuses on property damage as well as theft. If the judgment arises out of a school incident, the court may by agreement order the parent to perform community service in lieu of making full payment on

Equal Overnight Time With Dad Benefits Children of Divorced Parents

Father-Child Relationship is Strengthened by Equal Overnight Time.

Parents Have Better Relationships With Their Children Under Equal Overnight Time

Equal Overnight Time Couples with children who end up divorcing know that parenting time is often a source of contention. Historically, mothers were often awarded more time with the children, especially when it came to overnights.

However, new research may make these types of arrangements a thing of the past.

A recent study published in the American Psychological Association Journal Psychology, Public Policy and Law, Vol 23(1), Feb 2017, 68-84.that young children who spend equal overnight time with both divorced parents have better relationships with them in the future. Click here to read the study.

William V. Fabricius and Go Woon Suh surveyed students whose parents divorced or separated before they were 2 years old.

The results showed that the more equal overnight time the child spent with the parent at a young age, the better their relationship was as they got older. Researchers also found that spending the night was especially critical when the child was a toddler, as no number of overnights later-on could compensate for the bond established at this age.

Previous research seemed to indicate that the relationship between the … Read More... “Equal Overnight Time With Dad Benefits Children of Divorced Parents”

Dissolution In Ohio: Can Parties Request Conciliation and Mediation Services?

Dissolution In Ohio: The Conciliation Process in Warren and Montgomery County Explained. How A Dissolution Can End Up In Mediation

conciliation dissolution mediation ohio This was a novel question that was recently asked me by a client a week or so before their scheduled final dissolution hearing. Conciliation proceedings are not all that common even in divorce actions. I asked my paralegal, Robin Lovins, to investigate the answer for me. That answer was interesting I thought. Always looking for a new blog article topic, I asked Robin to help incorporate that information into a blog article about dissolution. Here it is:

Section 3117.05 of the Ohio Revised Code states that “Prior to or during pendency of any action for divorce, annulment, or legal separation, one or both spouses may file in the court of common pleas a petition for conciliation…”. The question becomes: Does conciliation apply in dissolution cases? Although it is unusual for parties participating in a dissolution proceeding to request a conciliation through the courts, if a petition is filed, the courts will accept it.

A Dissolution Can End Up In Mediation. The Conciliation Process Differs in Both Warren and Montgomery County

In the Montgomery County Domestic Relations Court, after a Petition … Read More... “Dissolution In Ohio: Can Parties Request Conciliation and Mediation Services?”

Grandparents Active with Their Grandkids May Live Longer According to This New Study!

Can Grandparents Live Longer Simply By Caring For Their Grandchildren? Study Says…

grandparents live longer study Grandparents who help out with childcare or provide support to others in their community tend to live longer than seniors who do not care for other people, according to a study from Berlin, Germany. While having full-time custody of grandchildren can have a negative effect on health, occasional helping can be beneficial for seniors.

An international research team has found that grandparents who care for their grandchildren on average live longer than grandparents who do not. The researchers conducted survival analyses of over 500 people aged between 70 and 103 years, drawing on data from the Berlin Aging Study collected between 1990 and 2009.

In contrast to most previous studies on the topic, these researchers deliberately did not include grandparents who were primary or custodial caregivers. Instead, they compared grandparents who provided occasional childcare with grandparents who did not, as well as with older adults who did not have children or grandchildren but who provided care for others in their social network.

International Study Reveals Grandparents Who Care For Their Grandchildren On Average Live Longer Than Grandparents Who Do Not

“Having no contact with grandchildren at all can … Read More... “Grandparents Active with Their Grandkids May Live Longer According to This New Study!”

LGT Parent: What Impact Does It Have On a Child?

“‘Not a big deal’? exploring the accounts of adult children of lesbian, gay and trans parents (LGT)”

lgt parent A recent article in Psychology & Sexuality, studied the effects that having an LGT (lesbian, gay, transexual) parent has on adult children. Because most research to date has centered on younger children and their well-being at the time, the authors of the article wanted to look at how these children feel now that they are adults and have families of their own. Entitled, “‘Not a big deal’? exploring the accounts of adult children of lesbian, gay and trans parents,” authors Victoria Clarke and Eleni Demetriou surveyed 14 adults. Thirteen of the subjects were born to a heterosexual couple where one partner was later outed as gay, lesbian or trans.

In their research, the authors hoped to learn what impacts, if any, these children who were now adults, experienced during their formative years. The participants included 13 women and 1 man who ranged in age from 21 to 60 and completed on-line questionnaires in lieu of in-person interviews.

Adult Children Of LGT Parents Not Damaged By Parents’ Sexuality/Gender Identity Study Finds

Historically, research has shown that children within these families do not consider … Read More... “LGT Parent: What Impact Does It Have On a Child?”

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