Who Says, I Can’t Own a Gun?

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gun_law.jpgIt isn’t every day that a Family Law issue makes it all the way up to the United States Supreme Court.  Last month, however, the Court issued a decision in United States v. Hayes that could have a far-reaching impact on Domestic Relations and Criminal Law in Ohio and elsewhere.  A lot of people realize that Federal law prohibits anyone who has been convicted of a misdemeanor crime of domestic violence from possessing a firearm or ammunition.  But now, after the Hayes decision, many more people are barred from possessing a firearm or even ammunition!

The Court’s decision in Hayes makes it so that an individual can be convicted of the Federal weapons prohibition statute even without having been convicted of a crime of domestic violence.  Most domestic violence laws are written in a manner that one of the requirements necessary to convict is proof that there was a “domestic relationship”.  There are many other crimes of violence where a “domestic relationship” between the defendant and victim is not an element for a conviction.  The Supreme Court held that a “domestic relationship, although it must be established … Read More... “Who Says, I Can’t Own a Gun?”

Survival Guide for Step Parents: Five Secrets to Enjoying Your Stepchildren

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ramey_step.jpgIf you think being a parent is challenging, 37 percent of American families will tell you there is one job that is even tougher—being a step parent!

Step parenting is often filled with a great deal of discontent and disappointment.  A step mom remarked that she has “most of the responsibility but ultimately no real authority” in raising her step kids.  She felt like it was all of the work of a “real parent” but without any of the love or commitment from her step kids. “Ultimately, I feel like a glorified babysitter but without the pay from an employer or the gratitude from my stepchildren.  When things get tough, I hear “you’re not my real mom!”

Here are some suggestions for making step parenting a rewarding and meaningful experience for you and your kids.

  1. Clarify your role before you get married. Make certain that you and your potential spouse are in agreement about your responsibilities and rights in raising your step children.If the step children will be living primarily with you and your spouse, you need to have the authority (with your spouse) to set rules
Read More... “Survival Guide for Step Parents: Five Secrets to Enjoying Your Stepchildren”

Ohio Enacts New Booster Seat Law

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seat_boost.jpgOn January 6, 2009, Governor Strickland signed Sub. H.B. 320.  This new law requires children between the ages of four and eight and under 4’9″ tall to be restrained by booster seats.  The law provides that this is a secondary offense, requiring the driver to be stopped for another reason before a citation may be issued.  The law goes into effect on April 6, 2009.  Warnings will be issued for six months before fines, ranging from $25 to $75, can be imposed.  Governor Strickland is seeking to increase those fines to between $50 and $100 in his proposed budget. Thanks to our friends at the Cleveland Law Library Weblog for posting this summary! To learn more about the new law, click here.


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So You Want To Be A Parent…

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intv_job.jpgIn these challenging and difficult times, and with depressing news and economic turmoil seemingly everywhere, I thought it was worth re-publishing this humorous but poignant “Job Description” recently posted by fellow family-law blogger, Martha Milam, the publisher of the excellent Durham Family Law Journal. Click here to read and enjoy her blog!

POSITION:
Mother, Mom, Mommy, Mama, Ma
Father, Dad, Daddy, Dada, Pa, Pop

JOB DESCRIPTION: Long-term, team players needed, for challenging, permanent work in an often chaotic environment. Candidates must possess excellent communication and organizational skills and be willing to work variable hours, which will include evenings and weekends, including frequent 24-hour shifts on call. Some overnight travel is required, including trips to primitive camping sites on rainy weekends and endless sports tournaments in far away cities! Travel expenses are not reimbursed. Extensive courier duties also required.

RESPONSIBILITIES: Job responsibilities continue for the rest of your life. You must be willing to be hated, at least temporarily, until someone needs $5. You must be willing to bite your tongue repeatedly. Also, you must possess the physical stamina of a pack mule and be able … Read More... “So You Want To Be A Parent…”

Two Thumbs Up for the “Helping Children Succeed After Divorce” Seminar!

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child_sem.jpgThe “Helping Children Succeed After Divorce” program was created in 1991 through the concerted efforts of the Children’s Hospital Guidance Centers Divorce Services, the Franklin County Domestic Relations Court, and the Family Law Committee of the Columbus (Ohio) Bar Association.  The three (3) hour seminar was designed to provide parents with information to help them better understand their children’s reaction to the divorce process and to adjust to the inevitable changes that divorce brings to the family unit.

In Montgomery County, Ohio, attendance at the “Helping Children Succeed After Divorce” seminar, hereinafter sometimes referred to as “Helping Children” is not an option for divorcing parents but a requirement of the Domestic Relations Court. If a parent fails to attend the seminar, the assigned Judge can deny “parenting time” or “visitation” to that parent or refuse to file the Final Decree of Divorce or Dissolution. The program is taught by Galen Curry, Manager of the Parent Education Department of the Court, or by Margaret Leger (Beth) of the same Department.  The program is offered  during morning hours (9 a.m. to noon), afternoon hours (2 p.m. to 5 p.m.), … Read More... “Two Thumbs Up for the “Helping Children Succeed After Divorce” Seminar!”

Supreme Court Says Ex-Wife Gets Former Husband’s 401(K) Savings And Investment Account, Despite Divorce Decree Language To The Contrary

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401plan.jpgLast month, Justice Souter of the United States Supreme Court issued a unanimous decision in the case of Kennedy v. Plan Administrator for DuPont Savings and Investment Plan. A dispute had arisen between husband’s estate and his ex-wife over receipt of his Savings and Investment Plan proceeds. A SIP is an “employee pension benefit plan” similar to a 401(K) plan subject to federal ERISA laws. Early on in the marriage, husband had named his wife as the beneficiary to his employer’s SIP plan. The parties divorced and the divorce decree language said that the wife was “divested of all right, title, interest, and claim in and to . . . any and all sums . . . the proceeds [from], and any other rights related to . . . retirement plan, pension plan, or like benefit program existing by reason of [the husband’s] past, present or future employment.” However, the husband never executed a form to remove the wife as his beneficiary of the plan nor did he submit a Qualified Domestic Relations Order (QDRO) to the employer covering the SIP. He did, however, submit a … Read More... “Supreme Court Says Ex-Wife Gets Former Husband’s 401(K) Savings And Investment Account, Despite Divorce Decree Language To The Contrary”

Why One Should Not Postpone Post-Divorce Estate Planning

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Attorney Joseph E. Balmer is head of the estate planning and probate department at Holzfaster, Cecil, McKnight & Mues and is one of only 17 attorneys in the Dayton, Ohio area to be certified specialist in estate planning and probate administration.

epwait.jpgMany individuals first think about estate planning when they get married. They realize that, at a minimum, they should have a will, general power of attorney and power of attorney for health care. They may later amend these documents due to life changes or changes in their financial position. However, one might be surprised to know that a recent survey by PNC Wealth Management disclosed that 30% of adults with financial assets of $500,000 or more did not have a will! A recent Harris Interactive survey of the general population found that 58% of all adults had no will. One might be even more surprised that if he or she had a will and became divorced, he or she may be no better off than if he or she had no will.

Fortunately, under Ohio law, if one is divorced, unless the will specifies otherwise, one’s … Read More... “Why One Should Not Postpone Post-Divorce Estate Planning”

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