Children's Issues Archives - Ohio Family Law Blog

In Ohio, A Child Can Pick Which Parent to Live With in a Divorce – True or False?

ANSWER: The answer is FALSE.

History of the Ohio Child Election Law

Prior to 1946, Ohio General Code §8033 made it mandatory that a child ten years of age or older “must” be allowed to choose which parent they preferred to live with, and the court would have to follow that choice unless the court deemed that parent “unfit.” Venable v. Venable, 445 N.E.2d 1125, 1130 (Ohio Ct. App. July 9, 1981). Even as recently as 1989, the Ohio Revised Code §3109 stated that children twelve years of age or older could choose which parent to live with. Bawidamann v. Bawdiamann, 580 N.E.2d 15, 17 (Ohio Ct. App. Aug. 4, 1989).

However, in 1996 the Ohio legislature amended §3109.04 and eliminated the ability for a child to choose the parent to live with. Butland v. Butland, No. 95APF09-1151, 1996 WL 362038, at *3 (Ohio Ct. App. June 27, 1996). Thus, courts in Ohio no longer considered the choice of the child controlling and opted instead to utilize the ” best interest” factors set forth in the current amended statute. Id.

Ohio Law Today on the Wishes of the Child to Live with a Parent

While the … Read More... “In Ohio, A Child Can Pick Which Parent to Live With in a Divorce – True or False?”

Growing Up a Child of Divorce

Children of Divorce should not be taken for granted!

PUBLISHER’S NOTE:
We were fortunate to have third year University of Dayton law student Shane McDonough extern with our firm this semester. Shane worked with us on a lot of divorce cases during his externship. We discussed his parents having divorced when he was a young boy and some of the effects. This blog he wrote about his childhood is emotional and very powerful! Hopefully, his sharing it will help both divorcing parents and other children of divorce to better appreciate how divorce can impact their children’s lives. We will miss you Shane! Best of success in your legal career. Stay in touch!

Negative Actions of Divorced Parents Can Impact Children of Divorce

If there is one positive aspect of my parents’ divorce, it is that I was too young to understand what exactly was happening. I was around two and a half years old when my parents were divorced. Although I have no recollection of the divorce proceedings or the ensuing months following the proceedings, one of my first memories is a supervised visitation meeting with my dad. Since then, I was exposed to a plethora of instances where my … Read More... “Growing Up a Child of Divorce”

How to Tell Your Children About Your Filing for Divorce

Filing For Divorce? Break The News To Your Children With These Recommendations

Having been a divorce lawyer for over 40 years, I am asked this question frequently. I always appreciate the question. It shows appropriate concern and insight about the importance of handling this matter correctly.

My advice is to spend time reading materials from counselors and psychologists on the subject more qualified to address it. There are a ton of resources available online or books on the topic. Planning ahead is important – don’t just drop this “bomb” in an off-hand nonthought-out manner.

Here are some suggestions the professionals often recommend:

Both Parents Tell the Kids Together

While this may not be possible in many situations, it certainly is usually the best approach if you and your spouse can present a civil “united front”. That will hopefully show your children that both parents will continue to be in their lives going forward. Also, doing it together prevents one parent from unintentionally (or intentionally) placing blame.
Plan What You Will Say

Avoid the thought that you need to explain EVERYTHING. Sharing the “truth” is not important. The objective is to provide the children reassurance and loving support. Generally, you

Blast From The Past: Coping with Difficult Behavior

Blast from the past 13 years Ohio Family Law Blog

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”

Blast From The Past: Extracurricular Activities Can Benefit Kids!

Publisher’s Note: With the recent relaxation of COVID-19 restrictions by the CDC, life will hopefully be returning to a more “normal” status. Isn’t it great to be able to once again start thinking about school activities returning? In that vain, this was an excellent post from September 2013 about the benefits of kids participation in extracurricular activities. I found it liberating, in a way, to once again read it! Enjoy it!

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

Extracurricular 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 … Read More... “Blast From The Past: Extracurricular Activities Can Benefit Kids!”

How to Help Your Kids Deal with Tough Times

PUBLISHERS NOTE: While this advice by Dr. Ramey was geared towards kids, I think it also applies to adults going through “tough times” like a divorce. What do you think?

Should We Protect Our Kids From Life’s Tough Times Or Should We Only Help Them?

Bad stuff happens to our kids every day. Wise parents don’t go to extraordinary means to protect kids from life, but rather they help their children manage minor frustrations or major traumas. These are the ways I approach these kids in my office.

This will pass. Youngsters often think that the intense emotional pain they feel today will continue forever. Adults know that both good and bad times are transitory. It’s hard to explain that to kids, who may feel that you are discounting their feelings.
Avoid mis attribution. In trying to make sense of their parents’ divorce or being rejected from a basketball team, youngsters often come up with some very weird and inaccurate explanations. They may blame themselves or some irrelevant or random event. It’s difficult for kids to understand that the reasons why things occur are often unknown, and unknowable.
Get on with your life. People come to my office wanting to

Blast From The Past: The Role and Functions of a Guardian ad Litem in the State of Ohio

What exactly is the role of a Guardian ad Litem In the State Of Ohio?

PUBLISHER’S NOTE: “Over the years this GAL post has received a lot of interest. Confusion is commonplace for parents about the purpose of a Guardian ad Litem and how the process works. Let us know if you have any GAL issues in Dayton or Southwest Ohio.”

What is a Guardian ad Litem?

A Guardian ad Litem (“GAL”) is usually a lawyer appointed by the Court to appear in a lawsuit on behalf of an incompetent or minor party. In Juvenile Court cases and Domestic Relations cases, the Guardian ad Litem is appointed on behalf of a minor child or minor children in custody, visitation, and/or other disputed child-related issues.

What does the Guardian ad Litem do?

The Guardian ad Litem is appointed by the Court to undertake an investigation of custody issues, visitation issues, and other parenting issues before the Court. The Guardian ad Litem is expected to meet with each parent individually and to meet with each parent and the child or children to be able to observe the interaction between each parent and the child or children. The Guardian ad Litem is also … Read More... “Blast From The Past: The Role and Functions of a Guardian ad Litem in the State of Ohio”

Page 1 of 9

1 2 3 … 9

« Previous