Custody Issues Archives - Page 6 of 11

Visitation Law in Ohio: Custody and Non-Parental

Supreme Court Custody Case Update: Visitation by a Non-Parent

The Law Regarding Non-Parent Visitation

One of the most contentious issues that may arise in custody litigation is whether a non-parent has the right to exercise visitation with a particular child. Generally speaking, parents are imbued with an absolute right to determine who their child shall visit with under the Due Process Clause of the United States Constitution. This right was most clearly articulated in the United States Supreme Court’s seminal decision of Troxel v. Granville (2000), wherein the Court stated “so long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parent’s children.”

However, notwithstanding some of Troxel’s broad and sweeping language regarding parental control over matters of visitation, there have been numerous situations in which Ohio Courts have granted non-parents visitation with children over the objection of the parents. The most common scenario is where the parents and grandparents have a falling-out, leading one or … Read More... “Visitation Law in Ohio: Custody and Non-Parental”

International Custody: A Hague Convention Case Dispute

Supreme Court Renders Decision in International Custody Case, Chafin v. Chafin

The international custody case of Chafin v. Chafin was previously discussed in our Ohio Family Law Blog article of October 6, 2012. (“Child Custody Dispute to be Decided By the U.S. Supreme Court”) The Father in this case is a citizen of the United States and an active duty member of the United States Army. The Mother is a citizen of Scotland and she presently has custody of the parties’ minor daughter, Eris Chafin. Mother and Daughter have been living in Scotland since October 2011.

The procedural/factual history of this international custody case is as follows:

The parties married in March 2006 while Sgt. Chafin was stationed in Germany. Eris Chafin was born the following year in 2007. While Sgt. Chafin was deployed to Afghanistan for 15 months in 2007-2008, Mother moved with the minor child to her native Scotland.
Father was subsequently reassigned to an Army base in Alabama in early 2009. Later that same year, the parties decided to reconcile and Mother and Eris moved to Alabama to live with Father.
In May 2010, Husband/Father filed a Complaint for Divorce in the Circuit Court of

Guardian Ad Litem: The Difference Between Winning And Losing

What To Do When The Guardian Ad Litem Is Not Doing A Thorough Job

Those that have been involved in custody litigation are probably aware of the important role that a Guardian ad Litem (GAL) can play in the outcome. In fact, when both parties otherwise appear suitable, the GAL’s report can sometimes be the tie-breaker for the Judge or Magistrate hearing the case. The input from the Guardian ad Litem is usually taken very seriously by the Court due to the fact it is thought to come from someone that is in a neutral position, has only the best interests of the children in mind, and has almost unfettered access to relevant information, such as the home life of both parents, the children’s school teachers and counselors as well as other important persons. In short, having a favorable Guardian ad Litem report can be the difference between winning and losing.

But, what is a party supposed to do when they do not feel the Guardian ad Litem put forth sufficient time and effort to make an informed recommendation to the Court? Like every other profession, there are really good GALs and there are some pretty lazy ones as well. … Read More... “Guardian Ad Litem: The Difference Between Winning And Losing”

Safe Havens Law In Ohio Protects Parents

But Are Some Mothers And Fathers Still Subject To Criminal Prosecution Under The Safe Havens Law In Ohio?

Early last month, there were a few news stories focusing on what is often referred to as Ohio’s Safe Havens law. For instance, follow this link to a story about the law’s recent use in the Miami Valley.

The primary purpose of the statute is to allow mothers and fathers the opportunity to safely surrender a newborn baby to certain types of professionals with absolutely no questions asked. That’s right; parents of a newborn baby may simply drop-off their child with certain individuals, such as a hospital worker, without having to provide their name, the baby’s name, an address, or any other identifying information. Safe havens laws (also known in some states as “Baby Moses laws”) are statutes in the United States that decriminalize the leaving of unharmed infants with statutorily designated private persons so that the child becomes a ward of the state.

The parents may decide, if they so choose, to provide a medical history for the child, but they are not required to utter a single word or do anything more than hand the baby over. Revised Code Section … Read More... “Safe Havens Law In Ohio Protects Parents”

Child Custody Dispute to be Decided By the U.S. Supreme Court

Active Military Members Fight For International Child Custody In The United States Courts

child custody Jeffrey Lee Chafin v. Lynne Hales Chafin

Docket 11-1347

Facts of the Case:

Jeffrey Lee Chafin, a citizen of the United States and an active duty member of the United States Army, is the biological Father of Eris Chafin, now five (5) years of age.
Lynne Hales Chafin is a citizen of Scotland and the biological Mother of Eris Chafin.
The parties met in 2005 while Father was stationed in Germany and married in March 2006 in the country of Scotland. Eris Chafin was born in 2007 while Father was still stationed in Germany. Eris is considered to have dual citizenship as a citizen of the United States and as a citizen of Scotland.
Sgt. Chafin was deployed to Afghanistan for fifteen (15) months in 2007 and 2008. During that period of time, Mother and the minor child lived in her native country, Scotland. When Sgt. Chafin returned to Germany from Afghanistan in 2008, the parties decided to remain separated from one another.
When Sgt. Chafin was transferred to Redstone Arsenal in Huntsville, Alabama, in early 2009, Wife/Mother and Eris joined Father and moved to Alabama

Shared Parenting Misconceptions in Ohio

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.

Not 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 a 50/50 split to just a few overnights per month for a parent. So don’t just assume that shared parenting can’t be an option just because of the amount of time the child will spend with each parent.

If we have shared parenting, I don’t have to pay support.

Not true. Whether … Read More... “Shared Parenting Misconceptions in Ohio”

Child Custody: Parents versus Grandparents

An Overview Of The Child Custody Case Timothy Cantrell v. Erica Trinkle (2011-CA-17)

child custody The Juvenile Court of Clark County, Ohio awarded custody of the minor child (“CC”) to the paternal grandparents. Mother appealed the decision.

Court of Appeals Holding:

The Juvenile Court’s finding that the Mother was an “unsuitable parent” was against the manifest weight of the evidence.

Parties to the action:

Timothy Cantrell: Father of CC.
Erica Trinkle: Mother of CC.
Tracy and Randy Wood: Paternal grandparents of CC.

Facts of the child custody case:

Timothy Cantrell (“Father”) and Erica Trinkle (“Mother”) had a child, CC, out of wedlock in September 2007. In March 2008, Mother’s Father was providing child care for CC while Mother was working. An automobile accident occurred and the child was not injured. Allegations were made that the maternal Grandfather was intoxicated at the time of the accident. That allegation was not substantiated. Following the automobile accident, a referral was made to the Clark County Children’s Services Board (“CSB”). Neither Father nor Mother complied with the voluntary case plan with CSB and the case was “closed” in December 2008.

In June 2008, Mother and Father ended their relationship with one another. Mother and CC moved … Read More... “Child Custody: Parents versus Grandparents”

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