I haven’t posted on this topic since October 18, 2008. My fellow blogger, Attorney Dick Price, publisher of the Divorce and Family Law Blog in Tarrant County, Texas, wrote an interesting post about trying to “force” a soon to be ex-wife into taking back her former name. The analysis under Ohio law would be the same as his under Texas law. Here is what Dick wrote on April 11, 2009:
A question that comes up occasionally is whether a husband can make his ex-wife change her last name so that she no longer uses his last name. The short answer is NO.
While adults can change their own names either as part of a divorce or as a separate action, the Texas Family Code does not provide a means to force someone else to change her name.
So, if you can’t force her to change her name, can you talk her into it? Maybe, but there are some difficulties associated with the name change. She would have to change her driver’s license and Social Security card. She would need to change over credit cards and loans. In … Read More... “The Name Game Revisited…”
England is trying to catch up with Ohio and the rest of the United States when it comes to Family Law. Until a landmark case last week, the courts in England and Wales put little, if any, weight on the terms of prenuptial agreements. Prenuptial agreements (also called antenuptial agreements) in one form or another have been around for a very long time. The Supreme Court of Ohio in 1984 held in Gross v. Gross that, under certain circumstances, they are valid and the terms should be enforced by Ohio courts.
It seemed appropriate that I should write something for the blog geared towards the “Birthday of America”. In the past, I liked to reflect upon the holidays and tried to find some correlation between the specific holiday and my family-law practice. Not always an easy task without becoming repetitive in discussing how to celebrate the day in the aftermath of a traumatic divorce. So, as I pondered possible themes, I considered offering a bit of a twist on “Independence Day”. Or, perhaps, writing a patriotic post about America and the importance of family values. In the end, I decided to go in a different direction.
One of the most interesting and well written pieces that I have read in a long time is a keynote address presented by Dr. Frank S. Williams to the National Council for Children’s Rights in Washington D.C. on October 20, 1990. Dr. Williams is a noted child psychiatrist and the Director of Family and Child Psychiatry at Cedars-Sinai Medical Center in Los Angeles. While this presentation was almost 19 years ago, Dr. Williams’ sage advice is no less relevant now than it ever was!
The third Sunday of June has become known as Father’s Day just as the second Sunday of May has become known as Mother’s Day. On that “special” day in June, Fathers in the United States are feted with cards, gifts (often ties and wallets), meals especially prepared for them or “dinner out” at their favorite restaurants, as well other special treats such as the preparation of a favorite dish or dessert prepared at home.
I came across an interesting survey last month in the Gordon Poll Youth Survey published by the Wilmington Institute Network. Dr. Robert Gordon is the founder and director of the Wilmington Institute of Trial and Settlement Sciences. He is a past president of the Texas Psychological Association and is author of “On the Witness Stand.” He is both a clinical psychologist and a lawyer. The work of Dr. Gordon and the institute team has been featured on the MacNeil-Lehrer News Hour, ABC, Nightline, CNN, Fox News, Larry King Live, Good Morning America and USA Today.
The Ohio Supreme Court instituted new rules on March 1, 2009, regarding the role and responsibilities of a Guardian ad Litem (GAL). Ohio Rule of Superintendence 48 codifies these rules. As background, a GAL is a person appointed by the court in both domestic relations and juvenile cases to protect the best interest of the child. The GAL typically issues a Report to the court detailing the investigation and setting forth a recommendation. It is not uncommon for a GAL to be involved in most juvenile cases and in many domestic relations cases involving minor children. Prior to Rule 48 there were no uniform GAL rules in Ohio, but many courts have had their own rules; and in addition, lawyers serving as GAL’s were bound by the Ohio Rules of Professional Conduct.