Name Change For Child – Disputes Between Unmarried Parents

General Factors Ohio Courts Consider When Unmarried Parents Clash Over A Child’s Name Change

name changeThe process of changing your child’s last name (name change) can be quite involved. If there is a dispute between unmarried parents as to their child’s surname, there are some general name change factors that Courts in Ohio consider.

Changing the Name of a Juvenile Child

Bobo v. Jewell, the court described their review process for determining the surname of a child born to unmarried parents.  The elements to be considered in a name change were:

  1. Length of time that the child has used a surname;
  2. The effect of a name change on the father-child relationship and on the mother-child relationship;
  3. The identification of the child as part of a family unit;
  4. The embarrassment, discomfort or inconvenience that may result when a child bears a surname different from the custodial parents;
  5. The preference of the child if the child is of an age and maturity to express a meaningful preference; and,
  6. Any other factor relevant to the child’s best interest. Courts should consider only those factors present in the particular circumstances of each case.

Timothy Bobo and Christina Jewell had a child while unmarried.  Their … Read More... “Name Change For Child – Disputes Between Unmarried Parents”

Engagement Ring Blues

Who Keeps the Bling After a Break-up? Engagement ring ownership is defined under Ohio law.

engagement ringAt 18 years old, Johnny and Patty are in love.  Johnny has been dating Patty for almost 4 years.  Upon graduating high school, both decide to attend a four-year college in Dayton, Ohio.  Johnny and Patty decide to take all the same classes and spend nearly every waking minute with each other.  The summer prior to moving, Johnny approaches Patty’s parents and asks if he can propose.  Patty’s parents grant permission, believing the two to be inseparable.   Johnny, who recently fell into some money from an inheritance, decides to purchase a $25,000 dollar, (3-carat) solitaire ring.  He absolutely loves the ring, and upon asking Patty to marry him, she immediately accepts.  Three weeks into the engagement, Patty and Johnny have a severe argument about their hometown sports team and, believing their differences to be too severe, decide to call off the engagement.   Patty tells Johnny she doesn’t plan on returning the engagement ring and is hoping to sell the ring and pay for a semester of college tuition.  Johnny runs home and   tells his mother, who is an outstanding divorce and property lawyer in the … Read More... “Engagement Ring Blues”

Pet Custody in Ohio

Who Retains Custody Of The Family Pet In A Divorce?

petMany people consider their pets an integral part of their family. When two people divorce, the fight over the family pet can often turn into a bitter battle.  In response to these feelings towards pets, a growing number of states have enacted statutes providing for the custody of the family pet.

Traditionally, courts have treated pets as a form of a chattel. The Ohio Revised Code § 955.03 follows the traditional view stating that a dog “shall be considered as personal property”. This treatment as personal property results in the “custody” of the household pets to be determined during the division of marital property. If the parties to a divorce are unable to agree as to who will retain ownership of the pet, the court is likely to determine who the pet goes to just like any other item of personal property. Many people have found this treatment of pets to be cold. Notwithstanding the fact that pets are treated as personal property, a court has wide discretion when making a division of marital property. A court may consider a number of factors such as who paid for the … Read More... “Pet Custody in Ohio”

Spy on My Spouse? Is It Legal In My Marriage?

Avoid Legal Trouble, Consult With An Experienced Family Attorney Before You Spy On Your Spouse!

spyA husband or wife can get themselves into some messy legal situations when they spy on their spouse.  Often, the best way to combat this situation is through communication.  Clearly, if you’re suspecting your spouse of somehow breaking the marriage vows, then you’re faced with trying to improve communications (at the very least).  Perhaps entering into marriage counseling together would be beneficial.  If these efforts have failed, there are a few steps you can take to avoid criminal situations when it comes to spying on your spouse.

  1. Tape-Recording:
    Tape recording is a tricky technique to master.  The Federal Wiretapping laws allow for some type of recording, but in order to satisfy this statute and avoid criminal prosecution, you must follow specific steps.   You have to make sure that you’re only recording your spouse in conversations to which you’re a party.  You CANNOT record your spouse speaking with another person.
  2. In Home Surveillance:
    Videotaping inside your home is permissible under the law.   This situation has arisen in a few cases in Ohio, and the courts seem to have a hazy grasp on it.  In some
Read More... “Spy on My Spouse? Is It Legal In My Marriage?”

Divorce in Ohio: Can the Court Order an Unequal Property Division?

Might You Be Entitled to a Distributive Award of Property in Your Divorce Case?

divorceWhat Constitutes Normal Property Division in a Divorce?

When a divorce occurs, property and assets are to be split equitably by the Court which typically involves a 50/50 split.  This approach generally covers all property obtained during the marriage.  This is true regardless of the basis (or grounds) for the break-up of the marriage.

What Happens if One Spouse Commits Financial Misconduct?

Unfortunately, sometimes a party anticipating a divorce will commit acts of fraud, concealment or transfer property to avoid dividing any assets. When this type of conduct occurs and it can be sufficiently proven, courts may order an unequal division of property and issue a “distributive award”.  The courts are given broad discretion in deciding how to separate the assets, and this discretion is given significant deference on review by appellate courts.

Statutory Definition Regarding Property Division in a Divorce:

ORC 3105.171 states that in a divorce or dissolution:

“(3) The court shall require each spouse to disclose in a full and complete manner all marital property, separate property, and other assets, debts, income, and expenses of the spouse.”

The statute clearly states a very … Read More... “Divorce in Ohio: Can the Court Order an Unequal Property Division?”

Divorce Study: Are Your Siblings Saving Your Marriage?

Divorce Rates Lowered By Number Of Siblings In Family Says Study

divorceA new study co-authored by Ohio State’s Doug Downey seems to indicate that growing up with more siblings can reduce your chance of divorce later in life.

The study conducted involved analyzing data collected by the “General Social Survey.”  This data was compiled from 1972 to 2012 and was compiled of over 57 thousand adults.  The resulting analysis led to a conclusive theory that each sibling you have can reduce your chances of divorce later in life by up to 2% each from sibling 3 to 7.

Downey, commenting on the analysis, stated that, “When you compare children from large families to those with only one child, there is a meaningful gap in the probability of divorce.”

The other co-author of the study, Donna Bobbitt-Zeher, Ph.D., discussed the findings in a different light.  Dr. Bobbitt-Zeher stated that the results weren’t only in having different relationships between siblings, but how the families changed their mind-set when another sibling was added.   Insofar as the personal relationship aspect, Downey stated that:

  • “Growing up in a family with siblings, you develop a set of skills for negotiating both negative and positive interactions.
Read More... “Divorce Study: Are Your Siblings Saving Your Marriage?”

Extracurricular Activities Can Benefit Kids!

Study Reveals Children Who Participate In Extracurricular Activities Are Less Likely To Dropout Than Students Who Did Not Participate

extracurricular activitiesExtracurricular activities can have a significant impact on your child starting at an early age. Not only can these activities increase their capacity to advance academically, but they can create a healthy, confident young individual.  Recent studies have looked into how children react when they’re put into extracurricular activities.  You may find yourself believing that your child has no interest in extracurricular activities, but there are numerous activities your child could get involved in, including sports, music, book clubs, religious groups, game groups (board games and such), study groups, and countless others.

Study Results On Extracurricular Activities

In 1995, Ralph McNeal conducted a dropout percentage study to attempt to find coinciding evidence of children participating in extracurricular activities and a reduction in their dropout rates.   His findings were significant.  McNeal concluded that children who participate in athletics are 40 percent less likely to drop out than children who did not participate in extracurricular activities. He also concluded that a person who participates in any type of fine art extracurricular activity is 15 percent less likely to drop out than … Read More... “Extracurricular Activities Can Benefit Kids!”

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