Divorce Matters in Ohio: Limited Representation

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Hire A Divorce Attorney Or Save Money With Limited Representation?

divorce limited representationWhen married couples decide on a divorce, a number of things can happen.  When one party decides to file for the divorce, they can either attempt the divorce pro se (without a lawyer) or hire an attorney. There is another option.

The middle ground occurs when firms and divorce attorneys offer “unbundled legal services.”  This is also called “limited scope representation” and occurs when a divorce attorney or firm reviews or creates the documents, and informs the pro se filer when and where to file, but does not offer any other legal advice.   Essentially sending you on your way with a “complete” divorce packet.

After the documents are prepared, the divorce can continue without attorney representation.

Limited representation arrangements are relatively new in Ohio.  While designed to help consumers with “low cost” representation options in simple divorces cases, they can also create a quagmire between the Ohio Rules of Professional Conduct and a lawyer’s duty to represent their client to their fullest ability.  According to the ORPC 1.2, an attorney and client may limit the scope … Read More... “Divorce Matters in Ohio: Limited Representation”

Divorce: Not a Do-It-Yourself Project

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Tips On How To Move Ahead In Divorce

Help And Support From Professionals Key To Moving Forward In Divorce

divorceFrequently, people who are unhappy in their marriages wait until after the holiday season to move ahead with the dissolution of their marriage.  If you are one of those folks who have made this decision, you know it is not easy to make that first move.  Sometimes people struggle for years in unhappy relationships before they decide it is time to end the marriage.

How to move ahead?  Find a good lawyer and therapist.  They will be part of your team as you begin the arduous process of untangling your marriage.  These professionals will help and support you through the process – making sure that when your divorce is final, you are as secure as you can be – both emotionally and legally.

No doubt about it – divorce is a major life changing decision.  It is a stressful time – you, your spouse and your children will be impacted emotionally, financially, practically and legally.

So, it is surprising when so many couples decide to proceed with the … Read More... “Divorce: Not a Do-It-Yourself Project”

Paternity Establishment in Ohio – Parenthood Outside Of Marriage

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Acknowledgment Of Paternity Is A Legal Commitment To Parenthood

paternityBirth of a child.

When a child is born, a few things happen that determine parenthood.  Obviously, the mother is known instantly.  After the birth, the natural mother and alleged father sign an “acknowledgment of paternity affidavit” at the hospital or a local child support enforcement agency.  The execution of it is notarized.

After the acknowledgment of paternity affidavit is signed and notarized, it is sent to the office of child support.  Once the office receives this paternity document, it must send it out after no later than ten (10) days to be corrected by the parents.  After all these paternity documents have been completed correctly, the department will enter the information into the birth registry, officially cementing the natural mother and alleged father as the parents of the child.

Oh No! You’re not the father, what now?

What if, following the filing and registering of the birth information listing you as the father, you discover that you’re not the father?

The Ohio Revised Code lists specific circumstances that must occur in order for you to rescind your … Read More... “Paternity Establishment in Ohio – Parenthood Outside Of Marriage”

Family Visitation Center In Greene County, Ohio

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Attorney Anne Shale Takes A Tour Of The Family Visitation Center In Greene County, Ohio

Family Visitation Center Provides Services For Families Needing Assistance With Visitation Exchanges

Family Visitation CenterOn December 10, 2010, I visited Erma’s House in Dayton, Ohio in order to gain information to write an article about the Visitation Center for Montgomery County, Ohio.  On December 23, 2013, I had the opportunity to visit and tour the Greene County Family Visitation Center located at 143 East Market Street, Xenia, Ohio 45385 to learn about the services provided by the Family Visitation Center.  I had the privilege to meet and spend time with Libby Powers, Program Coordinator and Mediator for the Family Visitation Center.  The Family Visitation Center is located in a former two (2) story residence which provides the facility with a “homey” atmosphere and a warm/friendly environment.

Family Visitation Center Mission Statement:

The Greene County Family Visitation Center’s mission is to provide supportive supervised visitation and exchange services in a neutral, safe, comfortable and structured environment.

Family Visitation Center History:

The plan to create a supervised visitation program was the result of collaborative planning efforts … Read More... “Family Visitation Center In Greene County, Ohio”

Name Change For Child – Disputes Between Unmarried Parents

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General Factors Ohio Courts Consider When Unmarried Parents Clash Over A Child’s Name Change

name changeThe process of changing your child’s last name (name change) can be quite involved. If there is a dispute between unmarried parents as to their child’s surname, there are some general name change factors that Courts in Ohio consider.

Changing the Name of a Juvenile Child

Bobo v. Jewell, the court described their review process for determining the surname of a child born to unmarried parents.  The elements to be considered in a name change were:

  1. Length of time that the child has used a surname;
  2. The effect of a name change on the father-child relationship and on the mother-child relationship;
  3. The identification of the child as part of a family unit;
  4. The embarrassment, discomfort or inconvenience that may result when a child bears a surname different from the custodial parents;
  5. The preference of the child if the child is of an age and maturity to express a meaningful preference; and,
  6. Any other factor relevant to the child’s best interest. Courts should consider only those factors present in the particular circumstances of
Read More... “Name Change For Child – Disputes Between Unmarried Parents”

Child Protective Services and Coercion

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Analyzing The Use Of Coercion In The Child Protective Services Investigative Setting

child protectiveThe key role of the child protective services (CPS) investigator is to determine if a child is at risk of harm. When a child is in immediate danger, CPS and/or law enforcement work to ensure the child’s safety. Often a safety plan is developed which will keep a child safe at home. When that is not possible the child may be taken into protective supervision.

If the unequivocal assessment indicates a high risk of danger everyone agrees that the child may be removed on an emergency basis. When that determination is not so certain, and the evidence is not incontrovertible, the investigator may nonetheless believe it would prudent for the child, temporarily, to go elsewhere or for certain changes in the household to take place. Toward that end, the investigator may try to influence, encourage, or persuade the caregiver to take certain actions for the child’s betterment. If that influence, encouragement, and persuasion crosses the line into coercion has the investigator behaved unethically or illegally? Are all or just some forms of coercion unethical or … Read More... “Child Protective Services and Coercion”

New Year’s Eve: Single not Sad

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Tips On How To Make New Year’s Eve A New Beginning After Divorce

SIngle At New Year’s Eve Brings More Options

new year's evePublisher’s Note:

Congratulations! We have all made it through Christmas and now New Year’s Eve is just a few days away. I have been considering what to post this week that was timely and relevant.

I remembered the great piece we posted 3 years ago that Donna Ferber had written for her first book, From Ex-Wife to Exceptional Life: A Woman’s Journey through Divorce. I received a lot of compliments about it then.  I reread it and loved it as much now as I did the first time. Her sage advice warrants a repost, so here it is.

Many of us actually prefer to stay home on New Year’s Eve or spend the night with friends rather than get all dressed up to trudge through snowy, icy weather, only to eat and drink too much! Yet, the fantasy of this night still seems to hold many captive. The notion of “being alone” on New Year’s Eve makes an otherwise strong, capable, independent adult feel like Read More... “New Year’s Eve: Single not Sad”

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