Ohio Family Law Blog

Internet Evidence In Ohio: Will It Hold Up in A Court of Law?

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In this day and age, where children can operate their parents smart phones before they can read, where sending a hand-written letter has been replaced by a text, and where anything you could ever want to know is just one Google search away, it is not surprising that technology and the internet have found their way into our court systems. And with all this material so readily available, it begs the question . . . will information found on the internet hold up as evidence in a court of law?

In Ohio, it seems that it depends on the situation. In Bank of Am., N.A. v. Miller, the Second District Court of Appeals was asked by the Plaintiff to take “judicial notice,” and therefore accept factual information found on U.S. Bank’s website.

The Court explained that in order for it to take judicial notice, Ohio courts generally will only do so if a party is unable to deny the information that is posted on the website. In addition, if a party is seeking to use a website document as evidence, it will only be admitted if … Read More... “Internet Evidence In Ohio: Will It Hold Up in A Court of Law?”

GAL: Should a Guardian Ad Litem Be Required to Obtain a Release of Information From the Parties Involved?

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In Ohio, a guardian ad litem (GAL) (also known as a CASA- court appointed special advocate), is appointed by the court to assist a domestic or juvenile court in determining what is in a minor child’s best interest. A GAL does this by reviewing court pleadings, requesting and reviewing records of the necessary parties and children involved, speaking with witnesses, and conducting studies and interviews of the children at home and at school. Because the GAL does not represent either party in the case, it is believed that through their independent investigation they will be able to recommend to the court what outcome is the best for the children.

A critical part of the GAL’s investigation is reviewing the records of the parties involved. Therefore, in Ohio, when the court appoints a GAL to a specific case, the order issued makes it clear that the GAL has the power to review these otherwise confidential documents, and make copies if necessary. The court order usually states that it complies with the Health Insurance Portability and Accountability Act (HIPPA) regulations and states:

“Upon presentation of a copy of this

Blast From The Past: Fathers are Indeed Important!

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PUBLISHER’S UPDATE – Blog Originally Published on January 16, 2010: It is time for another “BLAST FROM THE PAST!” After Court recently, my client thanked me and reminded me about writing this Blog about his case seven and a half years ago. I was once again representing this father in the same rural Ohio Juvenile Court. The child is now 13+ and about to start the 8th grade but really wanted to move out of Ohio to live primarily with Dad and his family and attend school in North Carolina. Dad’s perseverance once again paid off! After a very strong guardians report, the parties agreed to a 1 year trial period for their child to move to the Tar Heel State. This child is indeed blessed to have 2 excellent, loving, and caring parents willing to try to do what is in the child’s best interest! Good parenting by Dad and all his love and his fortitude did once again pay off!

A large body of research overwhelmingly suggests children do best when they have both a mother and a father involved in their lives. Specifically, children … Read More... “Blast From The Past: Fathers are Indeed Important!”

Life Insurance Policies on Ex-Spouses: Can and Should a Divorce Court Allow These?

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Spousal Support Can Be Secured With A Life Insurance Policy

In today’s world, it is not uncommon for married spouses to take out life insurance policies on one another. Of course, if you’re happily married, you hope and pray that you’ll never be in the place of having to cash one in. Nevertheless, such policies provide some “peace of mind” that should the unthinkable happen, the financial burden caused by such a tragedy may be a little easier to bear.

So, having a life insurance policy on your spouse makes sense, right? But what about having a life insurance policy on your ex, or soon-to-be ex-spouse? Can and should a divorce court allow this?

Many people would argue that in divorce cases where child support or spousal support is ordered, it is smart to have a life insurance policy in place on the parent who is obligated to pay. By doing so, it ensures that the children or receiving spouse will be supported even if the other spouse dies.

Therefore, it is fairly common for a spouse who wants to guarantee support, to request that their soon-to-be … Read More... “Life Insurance Policies on Ex-Spouses: Can and Should a Divorce Court Allow These?”

Parents – Are You Worried About Your Kids Online Safety?

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Cellphones and laptops are becoming more and more of a commonality among younger people; and with the popularity of such devices, there comes an immense amount of potential danger attached to them. Some parents may not comprehend the risks before giving their children the privilege of having a cellphone and/or a laptop, but there is a dangerous dark side to a smartphone/laptop while in the hands of a young person.

To try and combat the dangers of cellphone/internet usage by children and teenagers, Bark was created to monitor text conversations of minors. The app works by having parents create an account through the website bark.us, and by starting off with a 30-day free trial, the app is granted access to all of your child’s text messages, email, and even social media accounts. The app monitors your child 24/7 and will send alerts to you if issues are detected by the app’s “watchdog engine” while also supplying “recommended actions and ways to talk about issues as a family”.

Parents Can Use App Monitoring Software Bark To Combat Dangers Of Internet Use

Bark’s “watchdog engine” is engineered through “data … Read More... “Parents – Are You Worried About Your Kids Online Safety?”

Forfeiture By Wrongdoing – Ohio Supreme Court Bungles Domestic Violence Case

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What does Forfeiture by Wrongdoing really mean in Ohio Courts?

Attorney Charles “Bill” Morrison has once again retaken the reins of the Ohio Criminal Defense Law Blog as it’s managing editor. Below is his recent post dealing with both domestic violence and evidentiary issues in the context of a criminal case. I thought that our Ohio Family Law Blog readers might enjoy it! Click on the Ohio Criminal Defense Law Blog link and click the follow button or use the email signup to become a regular reader.

While doing some research the other day for a current case, I read the most recent Ohio Supreme Court case on the ages-old doctrine of forfeiture by wrongdoing and boy did it have some, shall we say, interesting “takes” by our esteemed elected justices. I’ll start with the basics: every criminal defendant is entitled to confront the witnesses against him at trial. In other words, if someone provides testimony at your criminal trial, you have the absolute right to cross examine that person. This is an inviolate right under the 6th Amendment. Did I say inviolate? What I should say … Read More... “Forfeiture By Wrongdoing – Ohio Supreme Court Bungles Domestic Violence Case”

Blast From The Past: Hitting The Airwaves With “Big George” On The BBC

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“The experience being interviewed by celebrity “Big George” of the BBC radio in London was really a memorable and fun one! George had read a blog article of mine which he seemed to really enjoy. “Big George” Webley seemed like a cool guy and had a wild wit and great sense of humor. He asked me a couple hilarious questions during the interview which got me laughing. After this episode, I only talked with him 1 other time. Sadely, “Big George” passed away on May 7 2011, at the young age of 53. To the power of the internet and the reach of the Ohio Family Law Blog, I say thank you for creating this blast from the past! May you rest in peace “Big George”.

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 … Read More... “Blast From The Past: Hitting The Airwaves With “Big George” On The BBC”

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