Blast From The Past Archives - Page 2 of 9

Blast From The Past: What is a First Right of Refusal Clause in a Child Custody Case?

PUBLISHERS UPDATE: Here is one of my favorites posts from back on August 14th, 2021! The advice rings as true now as it did then. We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Are Clauses Needed In A Child Custody Case? Weighing The Pros And Cons.

Parenting time is often one of the most important issues in a divorce or custody case. Crafting the agreement allocating parenting time can be difficult. It is impossible to anticipate all the schedule changes that daily life “curve balls” can cause, such as illness, emergencies, and changes in work schedules. One solution to that problem is to incorporate a “First Right of Refusal” into the shared parenting plan or seperation agreement.

WHAT IS A FIRST RIGHT OF REFUSAL CLAUSE?

Typically, this clause requires that one parent must first offer any time he/she can’t accommodate the child during their regular parenting time to the other parent. This “offer” must be made to the other parent BEFORE attempting to make any alternate plans for the child.

For instance, if the parties share the child week on and … Read More... “Blast From The Past: What is a First Right of Refusal Clause in a Child Custody Case?”

Blast From The Past: Tips on Dealing with Your Divorce Lawyer [And Why it Matters]

Blast from the past 13 years Ohio Family Law Blog

PUBLISHERS NOTE: Having recently completed 4 very lengthy high conflict cases over the last few months, I find myself reflecting about the facets of the attorney/client relationship in each. In a different way, each was exceedingly grueling. So I decided to reread several of my past blog articles on this topic. Below is one from 4 years ago which I like a lot.
I would now add another piece of advice to it – “Extreme perseverance may be required to obtain your goals”. While disentangling the parties quickly is always the goal, unfortunately that may not be possible in all cases. At the initial conference, I typically explain to clients that a divorce often is more like a marathon race than a sprint. Work closely and communicate well with your divorce lawyer to understand where your case is headed and all of your options! Stay strong and be prepared to persevere as necessary!

How To Get The Best Outcome From Your Divorce Lawyer

So, you have selected your divorce lawyer. Here are some tips for how to deal with him/her to hopefully achieve the best outcome possible.

Be Candid and Honest – Don’t ever leave your divorce lawyer in the

Blast From The Past: Don’t Create Halloween Horrors for your Child! [2022]

PUBLISHERS NOTE: “Halloween can be very tricky for divorced parents. Here is some great advice from Psychotherapist Donna Ferber from way back in 2010 and 2018. If you enjoy this article, you would love her book, “From Ex-Wife to Exceptional Life: A Woman’s Journey Through Divorce” available on Amazon and Kindle. Also, check out her website, www.DonnaFerber.com.”

Make Your Child’s Halloween A Positive Experience Post Divorce

For many kids, Halloween is one of the most important holidays of the year. The child of divorce is faced with choices and concerns. Who will take me treat-or-treating? Who will get my costume and dress me? Where will I trick-or-treat?

Then, of course, there logistical problems for the divorced parents. By addressing these issues in advance, parents can reduce stress and not distract from the child’s positive experience. These include:

In two-parent homes, often one parent gives out candy while the other parent takes the child trick-or-treating. Now there is only one parent in the home. Do you stay and give out candy or do you go with your child?
Parents often do not specify in their divorce decree who “gets” the child on October 31. If it falls on a visitation

Blast From The Past: What is a Divorce Retainer Fee Agreement and What is Its Purpose?

PUBLISHER’S UPDATE: Here is one of my favorite posts about the definition of a Divorce Retainer Fee Agreement and it’s purpose, from August 8, 2020! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Divorce Retainer Fee Agreement

Divorce Lawyers Require A Retainer Fee On Start Of Your Legal Representation

So, unfortunately you find yourself meeting with a divorce lawyer to discuss terminating your marriage. The conference goes well and after careful consideration you decide to hire the lawyer.

HOW DO DIVORCE LAWYERS CHARGE?

When the subject of fees and the attorney’s hourly rate comes up, you will likely hear the request for a “retainer fee“. Most all divorce lawyers will require a retainer fee at the inception of accepting your legal representation. Some, on the other hand will instead request a fixed fee amount rather than one based upon the amount of time and services provided. Fixed fee divorce representation is rare these days, in part because it is impossible to really gauge the number of hours which will be required, contested issues, or the level of … Read More... “Blast From The Past: What is a Divorce Retainer Fee Agreement and What is Its Purpose?”

Blast From The Past: Are Divorce Lawyers Just “Love Undertakers”? [A Rebuttal]

Should Divorce Lawyers Engage In Mental Health?

PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on May 11, 2019! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Divorce Lawyers Should Not Assist Clients With Mental Health Issues Says NYC Attorney

A well respected New York City divorce lawyer by the name of Val Kleyman recently sent out a newswire to divorce lawyers warning them “to be careful not to cross over into the role of personal therapist for clients. This is a common problem that does not get enough attention” Attorney Kleyman said. He added, “helping someone deal with their emotions, feelings and mental health is a very serious undertaking and must only be done by professionals who are trained and experienced doing this.”

While I agree with most of that, here is the point he made that hit me hard. “Divorce lawyers are the love undertakers. Unlike marriage counselors and therapists whose job it is to save relationships and help people heal, our job is to bury dead marriages quickly and efficiently … Read More... “Blast From The Past: Are Divorce Lawyers Just “Love Undertakers”? [A Rebuttal]”

Blast From The Past: Coping with Difficult Behavior

How to Cope with Difficult Behavior and Difficult People in a Divorce

PUBLISHER’S NOTE: This blog from guest contributor, Donna F. Ferber, LPC, LADC, is as meaningful today as it was when we originally posted it on May 1, 2010! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Throughout life, we sometimes encounter difficult people. We may argue with them, fall silent, comply or take distance. In a divorce, particularly an acrimonious one, difficult behaviors abound. No one is on their best behavior under this amount of stress. Figuring out how to cope with difficult behavior is a bit easier once you can identify why a person behaves in a certain way and what he/she hopes to accomplish.

Here is a list of the most common behaviors that frustrate us all and suggestions for dealing with them:

The Bully – uses temper tantrums to overwhelm you; makes insulting and cutting remarks. Needs to feel superior and not lose control of the situation. Wants to get his/her own way.

*Stand up, listen, do not attack back, and take time-outs. Keep … Read More... “Blast From The Past: Coping with Difficult Behavior”

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Move Forward With These Important Transition Tips

Here are some suggestions to help you get moving forward in a positive manner and avoid divorce paralysis that occurs in many cases.