LEGAL ALERT: Who gets Legal Custody of a Minor Child After Termination of a Shared Parenting Plan? The Ohio Supreme Court Intervenes
Last week, the Ohio Supreme Court was asked to resolve a conflict between Ohio appeals courts. The difficult question that the Ohio Supreme Court was faced with in Bruns v. Green was whether there must be a change in circumstance in order to designate a parent the residential parent and legal custodian of a minor child after terminating a share-parenting decree.
The Ohio Supreme Court ultimately concluded that a trial court only needs to consider the best interest of the child when deciding whether to terminate a shared parenting plan and which parent to designate as the residential and custodial parent of a minor child.
Waiting To Proceed With Divorce? Domestic Relations Court Reopens Across Miami Valley On May 4, 2020
Despite the extension of the shelter-in-place Order now until May 29th issued by Governor DeWine on Thursday, most of the local Miami Valley Domestic Relations Court have decided to reopen on Monday morning, May 4, 2020. Most have been closed (or with limited staffing) hearing only emergency matters such as domestic violence cases.
Other “routine” scheduled matters, including pretrials, hearings and trials have been postponed (much to the frustration of the litigants and their lawyers). Many of these Courts have essentially “been dark” for over a month! Of course, this Court action was necessitated by the spread of the Coronavirus (COVID-19) pandemic.
All Courts going forward seem to be incorporating the CDC guidelines to protect the health of the public and Court staff.
To Face Mask Or Not Face Mask – A List of Local Miami Valley Domestic Relations Court Facial Covering Rules
– Montgomery County Domestic Relations Court is not specifically requiring folks to wear a facial covering to enter the building. Click here to read their Order filed on May 1, 2020.
Ohio Courts Rule On Adoption Case Involving Consent And Child Support
On February 26, 2020, the Ohio Supreme Court came out with the decision, In re Adoption of A.C.B., Slip Opinion No. 2020-Ohio-629, where the Court held a non-custodial parent’s consent to the adoption of his child is not required when the parent failed, without justifiable cause, to comply with the child support obligations of a judicial decree.
What happened in the case with child support?
A.C.B.’s parents’ settlement (separation) agreement awarded sole custody to A.C.B.’s mother and ordered the father to pay $85 per week in child support. After leaving the United States to return to Kosovo, the father made sporadic child-support payments that diminished over time.
Two years later, A.C.B.’s mother reached out to the father, asking for his consent for her new husband (“stepfather”) to adopt A.C.B., but the father refused. A couple years later, the stepfather filed a petition to adopt A.C.B., arguing that the father’s consent was not required because the father failed to provide support as required by the judicial decree for the year prior to adoption petition.