Adoptees Can Access Original Ohio Birth Certificate Says New Ohio Law

New Ohio Adoption Law Helps Adult Adoptees Find Their Original Birth Parents

adoptees law birthA new law in Ohio will unseal records for about 400,000 Ohio adult adoptees.   This law, Senate Bill 23, was signed by Gov. John Kasich on December 19th. This new law will unseal records and allow these adoptees to find out who their birth parents are.  This is done by allowing adult adoptees to access their original birth certificates, which list their birth parents.

According to Adoption Network Cleveland founder and Executive Director, Betsie Norris, this legislation was the sixth attempt to address this issue in the past 25 years. “Birth parents, adoptees, adoptive parents and adoption scholars and professionals all testified in favor of this bill,” she said. “There was no stated opposition, and we are also thrilled that the bill had such overwhelming support in the Ohio Legislature.”

The previous law regarding this type of discovery was very convoluted.  Essentially, one law had three separate requirements depending on your age and the time period in which you were adopted.  Previously for the adoptees, anyone adopted prior to 1964 had to pay a 20 dollar fee and make a request in order to receive their … Read More... “Adoptees Can Access Original Ohio Birth Certificate Says New Ohio Law”

Adultery in the Military

Is Adultery A Crime Under The Uniform Code Of Military Justice?

The Legal Ramifications For Military Members Who Commit Adultery

adultery militaryAdultery is fairly common in our society.  Frequently, adultery is the grounds for many legal separation and divorce actions; however, “marital fault” is not typically given a great deal of attention by our legal systems.  There are some steps individuals can take to help ensure their asset protection from adultery, such as prenuptial agreements, which may limit the ability for one spouse to take part in the estate once the divorce commences.

A research report conducted by the Associated Press found that nearly 22% of men have strayed during their married lives, and nearly 14% of women have done the same.  Even more say that if they could have an affair, and never have the risk of being caught, they would (Men = 74% Women = 68%).

These numbers are staggering, but not totally surprising.  Adultery isn’t a crime, and individuals are more often than not free to act on these urges with no legal ramifications (outside prenuptial agreements).  Things get a bit more complicated if these individuals are members of our nation’s military.

It is often a misconception … Read More... “Adultery in the Military”

Military: Immigration Citizenship Laws for Family Members

Obama Policy Memo Outlines How Illegal Immigrants Can Obtain ‘legal status’ If They Are Family Members Of A U.S. Military Service Member.

Memo Could Affect 65,000 Military Immigrants

militaryA memo released by the Obama administration outlines how and when the administration can legally permit relatives of U.S. service military members who are here illegally to stay in the country on a “parole in place” status.  This will essentially give illegal immigrants “legal status” as long as they don’t have a criminal record and are family members of a U.S. military service member.  This applies to both current and former U.S. military service member family members.

Before Policy Memorandum PM-602-0091, issued on November 15, 2013, relatives here illegally were still able to remain in the country but were required to apply for “parole in place”.  This was often very confusing and convoluted to military service member family members. Additionally, it was not taken advantage of due to the uncertainty and lack of awareness surrounding the matter.  It is currently estimated that nearly 5% of our active duty military members are currently immigrants meaning this law will affect a significant amount of individuals as there are around 65,000 military immigrants who currently … Read More... “Military: Immigration Citizenship Laws for Family Members”

Custody Case Change – The Requirements

What Legal Requirements Must Be Established For A Custody Case Change In Ohio?

This is a follow-up article to guest contributor Judianne Cochran’s post of March 1, 2014 titled “Custody Issues: Post-Decree Modification in Ohio”.

In that article Judi focused primarily on the importance of hiring a seasoned family law lawyer that frequently litigates post-decree custody matters.  In this article I want to discuss the legal requirements that must be provided to be successful in a change of custody case.

custodyIf you are looking to modify your divorce decree, one of the first major obstacles you will face is determining whether or not you have met the standard for a “change of circumstances” which is required before any modification can occur.  There are a few resources we can look to that provide insight as to what this amounts to, including case law and statutes.

Statute:

Ohio Revised Code Section 3109.04 (E)(1)(a) gives us a quick glimpse and some stern words on what it takes to meet the “change of circumstances” required.

“The court shall not modify a prior decree allocating parental rights and responsibilities for the care of children unless it finds, based on facts that have arisen since … Read More... “Custody Case Change – The Requirements”

Divorce Rates on the Climb as the Economy Recovers

Recent Spike In Divorce Rates Tied To Economy Study Suggests

divorceInterestingly, while the total number of new cases filed in Ohio in 2012 hit a 10-year low, the same cannot be said about divorce actions.  Ohio has seen a recent spike in divorce after a steady decline for the past decade.  To get a better grasp on why this is occurring, we must first look at the statistics of divorce in the Greater Dayton Area and Ohio in general.

In Montgomery County, according to the Ohio Department of Public Health, the 2010 divorce rate was 65.2 per 100 marriages. The 2009 rate was 60 per 100, and the 2008 was 53.5 per 100.

Comparing Montgomery County to the rest of Ohio in 2010, Montgomery County had a rate of nearly 10 marriages per 100 higher that ended in divorce. (Ohio’s 2010 rate was just over 50 per 100).

A recent divorce study found that nationwide, divorces often increase with the economy.  Meaning the better the economy the more divorces we see.  This is often associated with the expenses that a divorce can cost, illustrating that couples often hold on through a rough financial time until they’re able to split.  … Read More... “Divorce Rates on the Climb as the Economy Recovers”

Divorce Matters in Ohio: Limited Representation

Hire A Divorce Attorney Or Save Money With Limited Representation?

divorce limited representationWhen married couples decide on a divorce, a number of things can happen.  When one party decides to file for the divorce, they can either attempt the divorce pro se (without a lawyer) or hire an attorney. There is another option.

The middle ground occurs when firms and divorce attorneys offer “unbundled legal services.”  This is also called “limited scope representation” and occurs when a divorce attorney or firm reviews or creates the documents, and informs the pro se filer when and where to file, but does not offer any other legal advice.   Essentially sending you on your way with a “complete” divorce packet.

After the documents are prepared, the divorce can continue without attorney representation.

Limited representation arrangements are relatively new in Ohio.  While designed to help consumers with “low cost” representation options in simple divorces cases, they can also create a quagmire between the Ohio Rules of Professional Conduct and a lawyer’s duty to represent their client to their fullest ability.  According to the ORPC 1.2, an attorney and client may limit the scope of the attorney’s representation given that the limitations are “reasonable.”

The “reasonableness” factor … Read More... “Divorce Matters in Ohio: Limited Representation”

Paternity Establishment in Ohio – Parenthood Outside Of Marriage

Acknowledgment Of Paternity Is A Legal Commitment To Parenthood

paternityBirth of a child.

When a child is born, a few things happen that determine parenthood.  Obviously, the mother is known instantly.  After the birth, the natural mother and alleged father sign an “acknowledgment of paternity affidavit” at the hospital or a local child support enforcement agency.  The execution of it is notarized.

After the acknowledgment of paternity affidavit is signed and notarized, it is sent to the office of child support.  Once the office receives this paternity document, it must send it out after no later than ten (10) days to be corrected by the parents.  After all these paternity documents have been completed correctly, the department will enter the information into the birth registry, officially cementing the natural mother and alleged father as the parents of the child.

Oh No! You’re not the father, what now?

What if, following the filing and registering of the birth information listing you as the father, you discover that you’re not the father?

The Ohio Revised Code lists specific circumstances that must occur in order for you to rescind your acknowledgment of parenthood.  These circumstances are as follows…

  1. Not later than SIXTY days
Read More... “Paternity Establishment in Ohio – Parenthood Outside Of Marriage”
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