Child Custody Evaluations: Helpful or Harmful?

Child Custody Evaluations Tool Under Fire

child custody evaluationsDivorces can be messy – potentially even more so when children are involved.  Emotions run high and often cause rational thinking and behavior to be thrown out the window.  Because of this, the court system has different “tools” to help it determine what is in the best interest of the children when custody is at stake.

One such tool is a child custody evaluation.  These evaluations are typically conducted by a mental health provider who give the court a recommendation regarding where the children should live, parenting time, and basically an overall picture of the family dynamic as it relates to the custody case.

In theory, these evaluations should help both the parties involved and the court.  However, a recent study seems to show otherwise.

In an article published in Court Review, Dr. Ira Daniel Turkat, a licensed psychologist and family law litigation specialist, conducted what he claims to be the first known quantitative study on the detrimental effects of child custody evaluations.

In his study, Turkat surveyed 101 people from 35 states who: 1- were divorced, 2- had participated in a custody evaluation by a psychologist, 3- gave details about the … Read More... “Child Custody Evaluations: Helpful or Harmful?”

Artificial Insemination: What Happens When Same-Sex Couples Divorce?

How Ohio’s Artificial Insemination Statute Will Impact Same-Sex Couples

PUBLISHER’S NOTE: I want to thank our legal extern, Matthew Kimmel, for all his assistance in researching and writing today’s blog post.  Excellent job Matt!

artificial Insemination same-sex couplesTennessee made news recently in regards to a controversial court ruling concerning same-sex couples.  In the case, one partner of a same sex couple became pregnant through artificial insemination with the intent that both partners would raise the child.  However, after the child was born and the couple divorced, things got tricky.  The court ruled that in a situation like this, the parent who bears no biological relationship with the child has no contractual relationship with the child.  Thus, they will not be liable for child support, but they also will not have a say over the upbringing of the child.  A parent in this situation may be granted visitation rights, but will not bear any sort of legal rights  over the child.

Artificial Insemination Statute In Tennessee Ruling

The 4th Circuit Court in Tennessee arrived at this conclusion by looking at the state’s artificial insemination statute .  The statute states that, “A child born to a married woman as a result of artificial insemination, … Read More... “Artificial Insemination: What Happens When Same-Sex Couples Divorce?”

GAL: Proving Your Guardian Ad Litem Is Conducting a Superficial Investigation

Crucial Steps Counsel Can Take To Challenge Investigation Findings From An Incompetent GAL (Guardian Ad Litem)

GAL Guardian Ad Litem investigationA month or so ago I took a trip out to Lake Tahoe for one of my college buddy’s bachelor party.  Let me tell you something about Lake Tahoe during the ski offseason, you gamble a lot.  And that is what we all did during the weekend.  We just gambled and placed bets on various sporting events at the three casinos Lake Tahoe has to offer.  I did not go crazy with the bets because my wife would murder me, but I had some fun taking a risk on the uncertainty of will I win or not.  Except for when I placed a bet against the Reds during their series with the Pirates.  I knew for a fact I was going to make money on that bet.

In any event, I often get that feeling of uncertainty when a Guardian Ad Litem (GAL) is appointed to any of my child custody cases.  I know for a fact that the GAL report can make or break my client’s case surrounding custody.  So at times, I do feel that it is a gamble on … Read More... “GAL: Proving Your Guardian Ad Litem Is Conducting a Superficial Investigation”

Domestic Relations Court In Greene County Hires Nidiffer

An Introduction to Greene County Domestic Relations Court Staff Attorney Justin C. Nidiffer

domestic relations court greene county ohio
Justin C. Nidiffer

On February 9, 2015, I traveled to the Domestic Relations Court of Greene County, Ohio to interview Justin C. Nidiffer, the newly hired Staff Attorney for the named Court.  Justin advised me that he had completed an internship with the Court during his last year in law school and that he was so very pleased with that experience.  It was apparent to me that the Domestic Relations Court was very satisfied with Justin’s performance as the Court hired him as their very first Staff Attorney to commence his position on January 1, 2015.

What will Justin’s responsibilities be?

  1. He will be reviewing new cases filed with the Court and examining the pleadings and Financial Affidavits of the parties.  He will then be preparing and filing the Court’s Temporary Orders of Custody and Support.  He will be working closely with Judge Steven Hurley, Magistrate Cynthia Martin, and Magistrate Kimberly Combs.
  2. He will be conducting Case Management Conferences with the attorneys involved in each case.  If a Guardian ad Litem or a Family Investigation is needed, he will prepare the Entry regarding same.  He will
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FOMO: Does it Impact Decisions to File for Divorce?

The Role FOMO (Fear of Missing Out) Plays Out In Daily and Family Life

FOMO divorceTechnology has created a glut of new words and expressions. It also has “repurposed” old words; a mouse is no longer just a rodent in my basement. A crash is not a vehicular accident, a chip is not just used for scooping up onion dip and a pad is not just a monthly required feminine product.

Electronic communication has also introduced us to a wave of new acronyms. LOL, ROFL, OMG, BRB were sprinkled through our e-mail and now are a standard in texting. Those initialisms (another new word I recently learned) have entered into our face to face conversations and are a part of our lexicon. Since I don’t Tweet, Snap, or Facebook, I admit I am lagging in current vocabulary updates.

Then an acquaintance confided she attends church weekly because she has FOMO. For those of you who are, like me, lagging in social media jargon, I will decode. FOMO refers to “Fear of Missing Out”. It is used most frequently by teenagers posting on social media in response to social events. For example, “I am going to Shania’s party even if I … Read More... “FOMO: Does it Impact Decisions to File for Divorce?”

Military Custody Law Update For Deployed Members

Congress Passes Law Affording Military Custody Protection to Our Deployed Servicemembers

Deployment Can No Longer Be Held Against Military Parent In Child Custody Disputes

military custody law
Left to Right: Lt. Eva Slusher, her daughter Sara Slusher and Mike Turner

For 8 years, Michael R. Turner, R.-Ohio, has been calling for Congress to afford its military members child custody protection while deployed; it appears they finally listened.

In February 2010 and February 2011, Anne Shale posted articles entitled, “They Fight for America and Upon Return Must Fight for Their Children” and “BREAKING NEWS: Secretary of Defense Gates Changes Position to Protect Custodial Parents Deployed Overseas!” articles addressed Turner’s arduous fight to persuade lawmakers to amend the National Defense Authorization Act (“NDAA”) to provide military members child custody protections while deployed overseas.  Tuner was inspired in 2007 when he met Lt. Eva Slusher, a member of the Kentucky National Guard, who lost custody of her daughter after returning home from a deployment in 2004 because according to the judge, “the military lifestyle is not stable and is not conducive to raising children.”  While Slusher did eventually regain custody of her daughter, it took approximately $25,000 in court costs and 2 years…precious time that she … Read More... “Military Custody Law Update For Deployed Members”

International Divorce: Hague Convention Abduction Report Issued

Hague report lists countries who are not compliant; seek experienced International Divorce and Abduction Attorneys as early as posibile.

International Divorce Hague AbductionThe U.S. Department of State Office of Children’s Issues has now submitted its annual report pertaining to compliance problems on international abduction matters for 2013. This “compliance report” identifies countries that are “Not Compliant with the Convention” and countries that show “Patterns of Noncompliance with the Convention”.   This 51 page report lists cases that have remained open and active for 18 months or more after the convention application was filed.  The report also lists countries with Convention enforcement concerns.

Highlights include:

  • Costa Rica, Guatemala, and Honduras were determined to be “non-compliant” with the Convention.  Both Costa Rica and Guatemala demonstrated non-compliance in the areas of judicial and central authority performance.  Honduras demonstrated non-compliance in the areas of judicial, law enforcement, and central authority performance.
  • Brazil and the Bahamas have showed “patterns of noncompliance” with the Hague.  Bahamian courts improperly treat Hague cases as custody matters, not in an expedited fashion that is required.   Brazil’s issues seem to center with the long court review process, problems locating the child and all the permitted appeals.
  • Four countries were categorized as “Countries with
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