Parenting with an Uncooperative Ex

Parenting with an Uncooperative Ex: A Divorce Lawyer’s Perspective

Parenting Tips for dealing with an Uncooperative Ex Spouse!

parentingThis topic is an exceedingly broad one, but I will try to share my insights from my perspective as a practicing family law attorney for the past 34 years.  The original idea to write this article was that of Connecticut psychotherapist, Donna Ferber. I thought it was a great idea of hers to tackle this subject; from both a therapist’s perspective and a lawyer’s perspective.  Here is the link to Donna’s perceptive take about parenting with an uncooperative parent in her blog article, The Uncooperative Co-Parent, posted on her blog February 18, 2012.  In addition, she gave me permission to repost her article in this blog on February 29, 2012.

When the parties have children, while it might be desirable, it’s impossible to apply a “no contact rule” and completely disassociate themselves from their uncooperative ex spouse. The parties have to come to some sort of arrangement when they have children and when there is parenting time with their ex-spouse. Ideally, in parenting, parents should develop a direct channel of communication with each other and not use their children as messengers. … Read More... “Parenting with an Uncooperative Ex”

Grandparenting Styles: Taking the Quiz

Grandparenting Styles: Impressions By a Dayton, Ohio, Divorce Lawyer

Grandparenting Styles in Dayton OhioIt was truly a memorable Christmas. In the past we have usually managed to get the “family” together in Dayton, Ohio. But this year I locked the door of my law office; and my wife and I flew to Dallas to be with our son, daughter-in-law and our first grandchild – Hannah. We were fortunate enough to have been able to travel from Dayton, Ohio, to Texas to be in the hospital when Hannah was born five (5) months or so ago, but we haven’t visited in person since.

I wish we lived closer. Dayton and Dallas are a long way apart. Being proud parents (and now grandparents) we are thankful for all the photos, videos and texts we have received showing Hannah’s growth, almost on a daily basis. Hannah’s Mom and Dad have great jobs and have established a wonderful life there together. They are very happy!

Being a divorce lawyer who likes to be totally prepared, as well as a compulsive researcher, I figured that I needed to update my parenting knowledge base since my two (2) sons are now thirtyish and my baby caring skills are pretty rusty. … Read More... “Grandparenting Styles: Taking the Quiz”

Thinking About Staying In Your Marriage For The Benefit Of The Kids?

thinking_staying_marriag_benefit_kids.jpgOver the years Gregory Ramey, Ph.D., who is a local child psychologist and vice president for outpatient services at the Children’s Medical Center of Dayton, has allowed us to republish many of his “Family Wise” articles from the Dayton Daily News.  He included an interesting question and answer in his column published in the Dayton Daily News on Sunday, August 28, 2011, that caught my attention.  Here is the question and Dr. Ramey’s answer:

Q:

My parents fight all the time.  I know they are only staying together two more years until I leave for college.  I hate being at home.  Should I tell them to get a divorce?

A:

Whether your parents stay married is their decision, not yours.  It’s inappropriate for you tell them to get a divorce, but you should discuss the impact that the family turmoil is having on you.  Don’t pick sides, offer advice or threaten them in any way.  Simply tell them how you feel living in a home with constant arguments.  Don’t forget to reassure them that you love them.

I shared Dr. Ramey’s advice with Donna F. Ferber, LPC, LADC, a licensed psychotherapist in Connecticut.  She, too, has kindly posted many articles … Read More... “Thinking About Staying In Your Marriage For The Benefit Of The Kids?”

Can My Child Choose Which Parent to Live With?

child_parent_live_with.jpgOnce upon a time in Ohio the answer was “yes”. But not any longer. There is much misinformation on the internet about this subject. So, I thought that a review of the child custody laws over the years might be both helpful and interesting. There has been movement away over the years from allowing a child to choose in a divorce which parent to live with. These past “age of election” laws were seen as placing too much pressure on children.

Title VI, Chapter 3, Section 8033 from the Ohio Annotated General Code of 1910 allowed children as young as 10 years old to choose their custodial parent:

“…the court shall decide which one of them (parents) shall have the care, custody….except that, if such children be ten years of age or more, they must be allowed to choose which parent they prefer to live with, unless the parent so selected…be unfitted to take charge of such children…”

Chapter 3109 of the Ohio Revised Code was enacted on January 1, 1974, which states in part:

“(A) Upon hearing the testimony of either or both parents and in accordance with sections 3109.21 to 3109.36 of the Revised Code, the court Read More... “Can My Child Choose Which Parent to Live With?”

ALERT: Ohio Licenses No Longer Threatened for Non-Payment of Child Support

child_support_law.jpgTucked deep into the recently passed state budget is a new provision that will reduce driver’s license suspensions of alleged “deadbeat” parents.  Currently, a parent owing more than a month in child support faces the possibility of the loss of his or her driver’s license and professional licenses. Under current law, neither the courts nor the Child Support Enforcement Agency can grant limited driving privileges for occupational purposes on a child support license suspension.

The new law, codified in Ohio Revised Code Chapter 3123, which went into effect on September 28, 2011,  provides that parents who pay at least half of their court-ordered child support will no longer face suspension of their driver’s or professional licenses. Another provision will allow parents to have prior suspensions for failing to pay child support removed from their driving record. Benjamin Johnson, spokesman for the Ohio Department of Job and Family Services, said that under the new law, county child-support enforcement agencies must look back 90 days to see if a parent has paid less than 50 percent of his/her child support obligation. If so, a pre-suspension notice, giving the parent the opportunity to pay up will be sent. A parent who fails to … Read More... “ALERT: Ohio Licenses No Longer Threatened for Non-Payment of Child Support”

Keep an Emergency Information Card in Your Wallet!

emid.jpgIt is wise to keep an “In Case of Emergency” (ICE) information card in our wallets, purses, and car glove box at all times. An emergency can happen at any time. The leading cause of death for people under the age of 44 in America is emergency trauma. Emergency contact cards can prevent a bad situation from getting worse. An unexpected emergency can shatter the lives of any family at any time. But, by having emergency contact cards, you and your loved ones will be more prepared if a sudden crisis strikes. Give yourself a greatly improved chance to receive appropriate medical care by preparing information in advance that explains your medical needs immediately for first responders.

Without emergency contact information, hospital staff cannot immediately locate family members or access medical information that would be critical to treating the patient. Tragically, some patients die in emergency rooms without any of their family members present. By the time the families are eventually notified, it is often too late. Make sure that all family members including parents, children and grandchildren have an ICE card!

Our law firm has located an excellent In Case of Emergency wallet card generator on the internet. You … Read More... “Keep an Emergency Information Card in Your Wallet!”

The Mediation Process in Montgomery County Domestic Relations Court

mediation_process.jpgAlternative dispute resolution can be a wonderful tool in divorce cases. Montgomery County’s Domestic Relations Court, along with many other divorce Courts, have adopted mediation conferences as a voluntary or, in some cases, mandatory prerequisite to trial. I am focusing this article on how that process works in Montgomery County.

So one might ask, “What is mediation?” In this context it is essentially a way of resolving disputes between the husband and wife and to hopefully eliminate issues in the divorce case.  In Montgomery County there are two neutral mediators (facilitators) involved in the session(s). One is a lawyer who has experience as a divorce court magistrate and the other has a family services social worker background.  They work to assist the parties to negotiate their own settlement. They can let the couple know what the laws are, but not give legal advice, and try to guide them through the complicated process in a way that helps them find solutions.

Lawyers may or may not attend the mediations. The sessions are completely confidential. No notes or writings generated by the parties or their lawyers in the mediation are allowed to leave the room. The mediators will generate a report indicating … Read More... “The Mediation Process in Montgomery County Domestic Relations Court”

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