What is a First Right of Refusal Clause in a Child Custody Case?

first right refusal divorce

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

first right refusal divorceParenting 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 week off and have negotiated a typical first right of refusal clause, and let’s say that Dad can’t care for the child due to a family emergency for 5 hours, then he must offer the time to Mother rather than having a family member or care giver watch the child. This … Read More... “What is a First Right of Refusal Clause in a Child Custody Case?”

An Overview of Child Custody Proceedings in Ohio

custody domestic relations

Understanding the Intricacies of Ohio’s Custody Laws

custody domestic relationsOhio law is gender neutral in custody determinations – meaning there is no preference towards the mother or father being granted custody. In divorce court, “shared parenting” between the mother and father is generally the preferred parenting arrangement instead of sole custody to one parent. If a parent is awarded sole custody, they have the decision-making rights over where a child will attend school and major legal or medical decisions on their behalf. However, that is not always the case and the “best interest” test is employed to determine the best interest of the child.

A court takes into consideration numerous factors such as: the mental and physical health of both parents, any history of domestic violence, child abuse or neglect, and parents’ commitment to facilitate and honor parenting time to name a few. In some cases, a judge will appoint guardian ad litem to assess the child’s best interests in order to act as the child’s voice in a custody case.

In the case of unmarried parents, the custody of the child is placed by law with the mother until court issues an order designating another person as the residential … Read More... “An Overview of Child Custody Proceedings in Ohio”

An Overview of Adoptions, Guardianship and Custody Actions in Ohio

adoption custody overview

Legal Advice is Essential, if contemplating Adoption, Custody or Guardianship Action

The Legal Caregiver Roles in Ohio: Adoption, Custody and Guardianship. Which Role is Right For Me?

adoption custody overviewIt is fundamental to those contemplating a new role of a caregiver of a child to know the rights and restrictions of each of these proceedings in order to best be informed about the legal possibilities and implications.

It is critical to have a committed person/family step in and assume the role of care in the precarious situations children or others needing care are often left in. Being informed is priceless, but obtaining legal advice is essential. Which option or approach is best for your situation may turn on specific facts and the legal jurisdictional requirements. But, here is an overview of the options.

What are the options?

Adoption:

Adoption terminates the legal relationship once held between the biological parent and the child. Anyone looking to adopt must complete a home study to determine potential suitability which includes completing requirements such as: personal interviews, home visits, and adoption education.

Adoption hearings take place in the Probate Court in the county where the child resides, the person seeking adoption resides, or where the natural … Read More... “An Overview of Adoptions, Guardianship and Custody Actions in Ohio”

What is the Purpose of Temporary Orders in an Ohio Divorce?

temporary orders ohio civil rule 75

Should I Request Temporary Orders In My Divorce Case? What Is Ohio Civil Rule 75 (N)?

temporary orders ohio civil rule 75

It seems there are often questions asked about the issuing of Temporary Orders in Ohio divorces. Ohio Civil Rule 75 (N) outlines the process. (Click here to read Ohio Civil Rule 75 (N)).

Temporary Orders  are intended to maintain the status quo regarding finances and the children and their care. Like the name suggests, these are Court Orders intended to remain in effect for a limited amount of time – typically during the pendency of the action or until further Court Order. A Temporary Order may be requested in the Complaint, Answer, Counterclaim, and Financial Affidavit or by separate motion.

Although these orders are “temporary” they are still Orders of the court that can be enforced. A motion for contempt can be filed for willful violations of these Court Orders.

WHAT DO TEMPORARY ORDERS USUALLY COVER?

Temporary Orders typically regulate:

  1. Temporary Custody/Parenting Time (See ORC 3109.43 and Civil Rule 75 (N);
  2. Temporary Spousal Support (ORC 3105.18) and Temporary Child Support (Rule 75 (N));
  3. Payments of debts (ORC 3105.18); and
  4. Attorney Fees.

In addition, they may deal with Guardian Ad Litem fees, expert witness … Read More... “What is the Purpose of Temporary Orders in an Ohio Divorce?”

Do Criminal Convictions Impact Custody Determinations?

criminal convictions custody child's best interest

Child’s Best Interest Considered When Custody Is Granted In Ohio, But What If The Parent Has Criminal Convictions On File?

criminal convictions custody child's best interest

Yes. Criminal convictions may impact the Judge’s decision regarding who is granted custody. In Ohio, as in most states, the guiding principle is “what is in the child’s best interest“. By necessity, this must be a very comprehensive consideration of many factors. In Ohio, Section 3109.04 (F)(1) lists 10 specific factors the Court is to consider when making a custody determination.

They are:

(F) (1) In determining the best interest of a child pursuant to this section, whether on an original decree allocating parental rights and responsibilities for the care of children or a modification of a decree allocating those rights and responsibilities, the court shall consider all relevant factors, including, but not limited to:

  1. The wishes of the child’s parents regarding the child’s care;
  2. If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;
  3. The child’s interaction and interrelationship with the
… Read More... “Do Criminal Convictions Impact Custody Determinations?”

SCHOOL RESTARTING CONCERNS? DO YOU LIKE YOUR EX’S SCHOOL DISTRICT’S PLAN FOR YOUR KIDS BETTER THAN YOUR DISTRICT’S?

shared parenting plan school districts

Shared Parenting Plan and Covid-19 in Ohio

Keep Your Children Safe – Parents With Shared Parenting Plan May Consider New School District Options

shared parenting plan school districtsCOVID-19 has created havoc for all of us, but parents with school age kids have a whole layer of additional concerns. Of course everyone wants to keep their children healthy and safe. There are a ton of other logistics that they need to consider – work schedules, daycare considerations, and online/homeschooling, to mention just a few.

There are some similar themes in the plans presented by most Dayton area school districts. Most offer both online and some variation of in-person schooling. All schools are developing intense cleaning and disinfecting protocols. However, other than that, each district policies and procedures for reopening can vary greatly. Some schools offer a combination of in school for 2 days, and on line for 3. Others are offering half day sessions, while others are considering on line only for at least the first several weeks.

Study School District Your Child Will Be Attending For Social Distancing, Mask Wearing Policy and Online Learning

Most schools are offering the option of online only, but those procedures vary as well. Some districts have a … Read More... “SCHOOL RESTARTING CONCERNS? DO YOU LIKE YOUR EX’S SCHOOL DISTRICT’S PLAN FOR YOUR KIDS BETTER THAN YOUR DISTRICT’S?”

Child Visitation Exchanges – Tips to Avoid Problems!

visitation exchanges custody

Visitation Exchanges. Do this to Avoid Friction with your Ex!

visitation exchanges custodyVisitation exchanges and custody exchanges can be uncomfortable and sometimes downright combative depending upon the relationship between the parents. They can also be stressful to your child as well. The overall objective needs to be to keep things civil and reduce friction all the way around.

Here are some common-sense tips of what to do, or not do in visitation exchanges:

  1. Coordinate Drop Off/Pick Up Location: In high conflict cases, the less you have to interact with your Ex the better. One common approach is agreeing upon making the switch at school, a daycare center, babysitters or friend’s house.  Other options are at a public place such as a park or restaurant. In extreme situations, some folks will make the exchange outside the local police department. You need to figure a spot that is practical and reduces possible danger
  2. Bring a Third Party: Some folks will bring a witness to observe the drop off/pickups and to act as an observer and help reduce any friction. If you do this, please be smart in who you choose. Typically, a family member or a mutual friend works best (assuming they get along
… Read More... “Child Visitation Exchanges – Tips to Avoid Problems!”
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