Parent Issues: Can a Parent Force the Sterilization of Their Minor Child?

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Should A Parent Have The Power To Force Sterilization Of Their Developmentally Disabled Child?

parent sterilization childAs individuals we have certain inalienable rights, granted to us by the Constitution.  The right to own a gun, the right to vote, the right of free speech . . . the list goes on and on.  Among those rights that we as U.S. citizens enjoy, is the right to parent as we see fit (subject to certain exceptions, of course).  Parents are generally allowed to make important decisions on behalf of their minor children.  Examples include, what type of food the child eats (vegan, gluten free, organic, etc.), what type of school the child will attend (public school, private school or home-school) and whether or not the child will be vaccinated.  In addition, parents are charged with deciding how to discipline their children and what organized religion, if any, they will be raised in.  Whether or not parents realize it, the decisions they make today will affect their children for the rest of their lives.

But what if parents DID realize that a choice they were making was going to have an … Read More... “Parent Issues: Can a Parent Force the Sterilization of Their Minor Child?”

Divorce: Why Marriages Fall Apart – And The Survey Says…

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How Does A Marriage Fall Apart? Divorce Reseach Reveals Top 10 Reasons

divorce surveyThe reasons couples divorce are as varied and different as the individuals involved.  However, upon closer examination, it seems that there is often a common thread as to why the breakdown occurred.

The British law firm of Slater & Gordon interviewed 1000 divorcees in order to better understand how a marriage ends up falling apart.

Their research showed that the top 10 reasons given for divorce were: 1 – infidelity, 2 – we were unhappy, 3 – we argued too much, 4 – we fell out of love, 5 – we didn’t communicate anymore, 6 – we wanted different things, 7 – they changed, 8 – we didn’t feel like partners anymore, 9 – they were abusive and 10 – we had money problems.

The rest of the firm’s findings are displayed in the infographic below.

divorce survey

The firm’s results clearly show that divorce is not something that couples enter into lightly.  In fact, those surveyed stated that, on average, they thought about divorcing their spouse for 2 years before it actually happened.

In addition, the … Read More... “Divorce: Why Marriages Fall Apart – And The Survey Says…”

GAL: Proving Your Guardian Ad Litem Is Conducting a Superficial Investigation

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Crucial Steps Counsel Can Take To Challenge Investigation Findings From An Incompetent GAL (Guardian Ad Litem)

GAL Guardian Ad Litem investigationA month or so ago I took a trip out to Lake Tahoe for one of my college buddy’s bachelor party.  Let me tell you something about Lake Tahoe during the ski offseason, you gamble a lot.  And that is what we all did during the weekend.  We just gambled and placed bets on various sporting events at the three casinos Lake Tahoe has to offer.  I did not go crazy with the bets because my wife would murder me, but I had some fun taking a risk on the uncertainty of will I win or not.  Except for when I placed a bet against the Reds during their series with the Pirates.  I knew for a fact I was going to make money on that bet.

In any event, I often get that feeling of uncertainty when a Guardian Ad Litem (GAL) is appointed to any of my child custody cases.  I know for a fact that the GAL report can make or break my client’s case surrounding … Read More... “GAL: Proving Your Guardian Ad Litem Is Conducting a Superficial Investigation”

Medicaid: Qualified Income Trust Needed For Eligibility

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ALERT: Significant Changes in Ohio’s Medicaid Income Rules Have Arrived! Qualified Income Trust Needed For Higher Income Families To Be Eligible

medicaid qualified income trust ohioFor those receiving long-term care services, Ohio’s Medicaid program has always had a monthly income limit.  In 2016, that limit is $2,199 per month.  However, until now, Ohio was a spenddown state, which meant that as long as the individual spent down each month on monthly expenses below the income threshold, the individual would be eligible to receive Medicaid services.  Effective July 1, 2016, no one will be able to spend down to meet the monthly income threshold, but will need to deposit any excess income into a Qualified Income Trust (QIT) to become eligible for Medicaid coverage.

A QIT will divert some of the applicant’s monthly income into an irrevocable trust managed by a trustee (usually a family member).  The trust can only be funded with the individual’s pension, social security or other income.  No other resources may be added to the trust.  The income must first be paid to the individual and then transferred into the trust.  The money in the trust can … Read More... “Medicaid: Qualified Income Trust Needed For Eligibility”

Father’s Day: Dad, Diapers, and Drinks!

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Happy Father’s Day! How The Law Of Economics Relates To Fathers, And Their Purchasing Habits

Our law extern, Matthew Kimmel, penned this blog article. He took an interesting “twist” on Father’s Day! It is a humorous read…

father's day beer diapersOn a family law blog, legal discussions about topics such as child custody or divorce are the norm.  However, with Father’s Day approaching, we’re going to shift all the focus towards Dad. Instead of analyzing traditional laws relating to domestic relations, the focus of this article will instead be on a “law” of economics that relates to fathers, as well as another newly emerging fatherly trend.

There are a variety of “urban legends” or tall tales that have been told time and time again throughout history and seem to take on a life of their own. I am going to discuss a tale about a marketing phenomenon targeted at fathers .  This urban legend doesn’t deal with Elvis still being alive or a foreign prince trying to give away their fortunes to you (although if anyone out there wants to step up and pay my law school debt, be my … Read More... “Father’s Day: Dad, Diapers, and Drinks!”

Estate Planning and Probate: The Effect of Titling of Assets

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Effective Titling Of Assets Can Benefit Estate Planning Probate Documents

estate planning probate payable on death titling of assetsMany people do not understand the distinctions between how one titles one’s assets and the resulting repercussions from it. Properly titling one’s assets can greatly increase the effectiveness of one’s estate plan. Some of these distinctions are described below:

  • Power of Attorney: Adding another individual as power of attorney on an asset does not convey any ownership rights, but allows an agent to manage the asset and utilize it just as if the owner could. The agent is known as your attorney-in-fact. Adding a power of attorney does not keep an asset from having to go through the probate process, but allows an agent to manage the asset (pay bills, etc.) without having to go through a guardianship proceeding.
  • Payable on Death/ Transfer on Death: often confuse Power of Attorney (POA) with Payable on Death (POD) designations. By designating someone as a Payable on Death (POD) beneficiary does not give any rights during the owner’s lifetime but allows the asset to pass directly to the payable on death beneficiary on the death of the owner without having
Read More... “Estate Planning and Probate: The Effect of Titling of Assets”

Parenting Time: The “New” Standard Order of Parenting Time for Montgomery County, Ohio

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What Are The New Changes In The Standard Order of Parenting Time Regarding Mother’s Day And Father’s Day?

standard order of parenting time father's dayOn September 3, 2011, I posted an article on the Ohio Family Law Blog about the “New” and “Improved” Montgomery County Standard Order of Visitation. At that time, the major change was in the way Summer Parenting Time was to be exercised. The Court decided that Fathers should have alternate weeks of visitation during the summer rather than being limited to just five weeks or thirty-five (35) days of visitation. Some Fathers have elected to take advantage of this change in the Standard Order of Parenting Time and some Fathers, because of work schedules and other factors, have simply chosen to stay with the four (4) to five (5) weeks of visitation during the summer vacation period.

On February 1, 2016, the Domestic Relations Court of Montgomery County, Ohio issued a “new” Standard Order of Parenting Time with the major difference being in the way that Mother’s Day and Father’s Day are addressed. I shall present to you the exact changes in this provision and the rationale for same:… Read More... “Parenting Time: The “New” Standard Order of Parenting Time for Montgomery County, Ohio”

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