New Law Protects Teens from Dating Harassment and Violence

teenlaw.jpgIn 2005, a seventeen-year old girl named Shynerra Grant was murdered by her ex-boyfriend, Antonio.  She had just graduated high school in Toledo, Ohio, and was heading to college in the fall.  Shynerra had been stalked by her ex-boyfriend for more than a year before she was murdered.  Antonio stalked and abused Shynerra, including an incident in May 2004 when he broke into her home and put her in the hospital with a broken jaw.  At the time an adult could obtain a Civil Stalking Protection Order (CSPO), but it was almost impossible for minors to get that same protection if the aggressor was another minor.

In March 2010, the Ohio General Assembly passed legislation that would confront this issue.  House Bill 10, named the Shynerra Grant Law, was sent to Governor Strickland for his signature.  The Governor signed the bill into law and it will become effective on June 17, 2010.  The law is designed to allow a minor to go to his or her local juvenile court to obtain a protection order in certain situations.  A teen who is the victim of harassing, stalking, or threatening behavior by another teen, now has the option of going to court … Read More... “New Law Protects Teens from Dating Harassment and Violence”

Child Abduction a Worry? Do You Have a Passport Block in Place?

abduction.jpgFor those of you that read our Ohio Family Law Blog regularly, you are familiar with problems that may arise when your children travel internationally.  Specifically, one parent may abduct your child to his or her home country.  Another issue may be that you send your child to visit his or her parent in another country and that parent refuses to allow the child to return.  If the country that the child is in is a signatory to the Hague Convention, there are mechanisms that may assist the parent in obtaining the child’s return.  This process, however, can be costly, time consuming, and produce uncertain results.  So you ask, what steps can you take to protect your child from ever being placed in that position?

The United States Department of State has anticipated that very problem and has instituted a program that may alleviate some of those fears.  The Children’s Passport Issuance Alert Program (“CPIAP”) was established to fight child abduction of any kind.  Essentially, the program creates a protocol where a parent or both parents is contacted if there is a passport application made on behalf of a child who is registered.  The parent who is notified then has … Read More... “Child Abduction a Worry? Do You Have a Passport Block in Place?”

What is The Purpose of the Ohio Putative Father Registry?

puronlineform.jpgLately, it seems that I have had more and more of my male clients coming in to see me to discuss issues relating to paternity.  There are so many myths out there about what needs to happen to establish paternity and the possible outcomes of failing to do so, that it never ceases to amaze me!  Perhaps the most serious outcome that many people are unaware of is that a “putative” father can have his child adopted out to someone else without his consent if the appropriate action has not been taken.

In Ohio, a person is presumed to know that if he has had sexual relations with a woman and she becomes pregnant that the child may be adopted without the father’s consent once the child is more than a month old.  As a way to counteract this result, the Ohio State legislature mandated the creation of the Ohio Putative Father Registry.  The purpose of the Registry is that a person who believes that he may have fathered a child can now establish the legal right to be notified of any hearings where the mother either voluntarily or involuntarily gives up custody rights to the child.  The “putative” father … Read More... “What is The Purpose of the Ohio Putative Father Registry?”

Should Ohio Social Workers Be Looking Over Their Shoulders?

shoulder.jpgThe legal analysis posted last week on this blog by Daniel Pollack discussing legal immunity for children services social workers was comprehensive and well done. A review of Ohio federal cases on point is very interesting and enlightening.

The Sixth Circuit Court of Appeals has decided on the issue of whether a caseworker can be personally liable.1 In Holloway, the court determined that absolute immunity applies to a caseworker only when they are acting in the scope of a legal advocate (such as a prosecutor) which is not their role under Ohio law.  The caseworker sued in Holloway withheld information from the Court that the mother had attempted to assert her parental rights, lying to the mother in telling her that her parental rights had been terminated when they had not and in failing to share information which would have allowed mother an opportunity to assert her rights in Court.   Analogizing the caseworker’s actions to a usurpation of the court’s authority, the Court stated that the caseworker did not have absolute immunity, but may have qualified immunity from liability. This distinction would leave the worker possibly liable for money damages.

Qualified immunity protects an individual caseworker who was … Read More... “Should Ohio Social Workers Be Looking Over Their Shoulders?”

International Custody Cases In Federal Court Are Complex

custh1.jpgOn July 1, 2009, I received a decision on one of the more interesting cases I have worked on since embarking on my legal career.  The case started out as a custody case in Juvenile Court, but quickly spiraled into a full-scale federal trial; and subsequently, an appeal in the United States Court of Appeals for the Sixth Circuit.  It’s safe to say that this was not your typical custody case.  What made this case different, among other things, was that the family had moved to Ohio from Israel and the mother had returned to Israel.  While in Israel, she decided to pursue custody and filed a Petition for the return of the minor child under the Hague Convention on the Civil Aspects of International Child Abduction, claiming that our client, the child’s father, had kidnapped the child and wrongfully retained him here in the United States instead of allowing him to return to Israel.

The Hague Convention was ratified in 1980 and signed by the United States in 1986.  The primary purpose of the Hague Convention is to protect children from wrongful removal or retention from their nation of habitual residence and to put into place a procedure that … Read More... “International Custody Cases In Federal Court Are Complex”

A Dramatic New Guardian Ad Litem Rule in Ohio

gal_change.jpgThe Ohio Supreme Court instituted new rules on March 1, 2009, regarding the role and responsibilities of a Guardian ad Litem (GAL).  Ohio Rule of Superintendence 48 codifies these rules.  As background, a GAL is a person appointed by the court in both domestic relations and juvenile cases to protect the best interest of the child.  The GAL typically issues a Report to the court detailing the investigation and setting forth a recommendation.  It is not uncommon for a GAL to be involved in most juvenile cases and in many domestic relations cases involving minor children.  Prior to Rule 48 there were no uniform GAL rules in Ohio, but many courts have had their own rules; and in addition, lawyers serving as GAL’s were bound by the Ohio Rules of Professional Conduct.

The new Rule does several things.  But the most important may be establishing certain training requirements and defining the responsibilities of the GAL in his or her investigation.  Finally, the Rule sets forth what must be included in the GAL’s Report.

The first major element in the rules is that it sets forth specific training requirements.  Previously, in some Courts there were virtually no training requirements. In other … Read More... “A Dramatic New Guardian Ad Litem Rule in Ohio”

Ohio Domestic Violence Proceedings – The Survey Says . . .

dv2.jpgThis is a follow-up to my recent article about Ohio Domestic Violence and the impact it can have on individuals. I decided to write this article to help educate the public about Domestic Violence proceedings in Ohio and what people should know when filing a petition or responding to a petition. After conducting an informal survey, I discovered that there are many important issues that people need to consider when dealing with a Petition for Domestic Violence. I have included some of the items that court personnel wished people knew, including information on the Petition, what is relevant in the proceedings, and the impact that a finding of Domestic Violence can have on an individual.

When filing a Petition for Domestic Violence, it is important to be specific. The main reason for this is that the other party has due process rights under the Constitution, and he or she is entitled to adequate notice of the allegations. Most courts will provide a petition form that you would need to complete. When you fill out the form, it will ask you questions about the alleged incident(s). Be sure to list sufficient information to put the other party on notice of what … Read More... “Ohio Domestic Violence Proceedings – The Survey Says . . .”

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