Blast From The Past: Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S UPDATE: Here is one of my favorites posts written by custody expert Judianne Cochran from back on September 18th, 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!

Using False Allegations In Family Law Custody Cases. Will I get A Better Position?

custody false allegations family lawIn recent years there has been a steady and alarming increase in the use of false allegations of vague, unsupported claims of domestic violence and even vaguer claims of child abuse, used solely in an attempt to find a shortcut to a presumed better position in custody cases.

What is more alarming is the observation that more often than not the attorneys of record for the litigants making these claims have been those unschooled in and relatively new to the family law arena, who have chosen to step outside their actual specialty and add a minor “division” of family law to their practices. Often, a new, young, unskilled associate is added to the practice to handle these family law issues.

Some of these practitioners use this mechanism so frequently that simply hearing the name of the attorney leads … Read More... “Blast From The Past: Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!”

Grandparent Custody Issues From a Lawyer’s Viewpoint

grandparents custody

Grandparents Custody In Ohio

PUBLISHER’S NOTE: Tomorrow is National Grandparents Day. While perhaps it is not a well recognized day, it should be. Grandparents are raising more and more children every year. In addition, the importance of their role in our society can not be overstated. This article posted on the Ohio Family Law Blog 10 years ago by Anne Shale, still serves as an excellent primer about grandparent custody in Ohio. In honor of all the grandparents out there, I want to say “thank you” for all your efforts, sacrafices and the love that you share!”

Grandparents Gaining “Custody” of Their Grandchildren: Why? How? Where?

grandparents custodyIn an ideal world, children should be reared by a loving and caring two-parent family, having both a Father and a Mother, with plenty of caring relatives to assist with parenting activities during times of stress, need, or illness. Today, we are seeing more and more Grandparents taking on the responsibility of primary child-rearing of their Grandchild or Grandchildren. For the sake of brevity, this article is directed to Grandparents seeking “custody” of one Grandchild though they may, in fact, be seeking “custody” of several Grandchildren. Why are we seeing … Read More... “Grandparent Custody Issues From a Lawyer’s Viewpoint”

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

Blast from the past 13 years Ohio Family Law Blog

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?

Guardian ad LitemA 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”

Blast From The Past: Shared Parenting Misconceptions in Ohio

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S COMMENT: “Confusion still continues about the distinctions between sole custody and shared parenting. An initial consultation typically includes a discussion of this topic if the couple has kids. While shared parenting makes sense in many cases, it sure doesn’t if there has been domestic violence or the parties can’t communicate effectively.”

Previously my colleague, Anne Shale, posted a very informative article laying out the legal distinctions between sole legal custody and shared parenting in Ohio. Here is the link to her article.  Even though it was posted 3 years ago, the information is still correct.  Nonetheless, I think it would be helpful to expand, clarify and shoot down several shared parenting myths.

Shared parenting requires an equal parenting time allocation.

shared parentingNot true.  The hallmark of shared parenting is that both mother and father stand on the same legal footing with respect to custody.  Each are equal legal custodians of their child(ren).  Customarily, there is a provision in the plan that specifies whether mother or father’s city of residence is designated for schooling purposes. But this designation does not carry with it any greater custodial rights.  Under a shared parenting arrangement, the actual parenting time allocation can vary anywhere from … Read More... “Blast From The Past: Shared Parenting Misconceptions in Ohio”

Another Same-Sex Parenting Rights Issue Upheld by the U.S. Supreme Court

Alert Key Legal Update

U.S. Supreme Court Upholds Arizona Supreme Court Same-Sex Custody Case Decision

supreme court custody same-sex divorceThe U.S. Supreme Court declined on February 22, 2018, to hear an appeal of a case where the Arizona Supreme Court found that a lesbian woman should be recognized as the legal parent of the child she and her former wife conceived through artificial insemination during their marriage.

The case, stems from a custody dispute between Kimberly McLaughlin and Suzan McLaughlin.  The couple was legally married in California in 2008, and chose to have a child via artificial insemination and an anonymous sperm donor.  In 2011, Kimberly gave birth to the couple’s son.  Two years later, she left with the child and cut off all communication between Suzan and their son.  Upon filing for divorce, Suzan sought parenting time based upon an Arizona law regarding the presumption of parentage.  Specifically, the law states that a child born to a woman within 10 months of her marriage is presumed to be biologically related to the father.  However, Kimberly claimed that she cannot be required to share custody of her biological child because this presumption clearly states that it only applies when the other spouse is a man.

U.S.

Read More... “Another Same-Sex Parenting Rights Issue Upheld by the U.S. Supreme Court”

Blast From The Past: Fathers are Indeed Important!

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S UPDATE – Blog Originally Published on January 16, 2010: It is time for another “BLAST FROM THE PAST!” After Court recently, my client thanked me and reminded me about writing this Blog about his case seven and a half years ago. I was once again representing this father in the same rural Ohio Juvenile Court. The child is now 13+ and about to start the 8th grade but really wanted to move out of Ohio to live primarily with Dad and his family and attend school in North Carolina.  Dad’s perseverance once again paid off!  After a very strong guardians report, the parties agreed to a 1 year trial period for their child to move to the Tar Heel State.  This child is indeed blessed to have 2 excellent, loving, and caring parents willing to try to do what is in the child’s best interest! Good parenting by Dad and all his love and his fortitude did once again pay off!

fathers importantA large body of research overwhelmingly suggests children do best when they have both a mother and a father involved in their lives. Specifically, children whose fathers participate in raising them do better in school, are less likely … Read More... “Blast From The Past: Fathers are Indeed Important!”

Shared Parenting: Kentucky Governor Signs New Law, Is Ohio Behind the Times?

How Does The New Shared Parenting Law Signed In Kentucky Impact Ohio?

Shared Parenting law custody divorceKentucky took a step closer on April 12, 2017 to making shared parenting in instances of divorce the norm in the state.  House Bill 492, received unanimous support in both the House and Senate.  The new law was also supported by an overwhelming amount of research showing it is in a child’s best interest to have as close to equal time with both parents in instances of divorce, particularly early on in the process.

“Children are now more likely to see both parents regularly after a divorce, which is a huge win for the children of Kentucky considering research consistently shows shared parenting is in the best interest of children when their parents divorce,” said Matt Hale, Chair of National Parents Organization of Kentucky. “Plus, parents are no longer in the high-conflict winner win all and loser lose all situation”.

The new law amends KRS 403.280, allowing a court to adopt a prior parental temporary custody agreement as the court’s temporary custody order. However, the agreement must be mutually agreed upon while adequately providing for the child’s welfare. The new law also creates a temporary joint … Read More... “Shared Parenting: Kentucky Governor Signs New Law, Is Ohio Behind the Times?”

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