Injury Claim: Please Do Not Wait “Til The Midnight Hour”

Consult An Attorney Early To Avoid Losing Out On An Injury Claim!

injury claimI am borrowing from the classic Wilson Pickett hit song in the 1960’s to emphasize the importance of discussing an injury or a loss with an attorney as soon as practicable. The lyrics are:

“I’m gonna wait ‘til the midnight hour’
That’s when my love comes tumbling down
I’m gonna wait ‘til the midnight hour’
When there’s no one else around”

So often a person has a potential claim whether it is for a personal injury claim, property damage, breach of a contract or lease, discrimination or adverse action during employment, or otherwise, but by the time an attorney is informed and reviews the facts it is too late to proceed with a court case. It is a mistake to wait until “the midnight hour” because it is often unclear when the deadline is for particular claims to be brought to court. Waiting too long may mean a potentially good case might come “tumbling down.”

Recently, the Supreme Court of Ohio upheld a 90-day limit for pursuing an employee’s injury claim that the employer retaliated against the employee because the employee had filed for worker’s compensation for … Read More... “Injury Claim: Please Do Not Wait “Til The Midnight Hour””

Child Custody Dispute to be Decided By the U.S. Supreme Court

Active Military Members Fight For International Child Custody In The United States Courts

child custodyJeffrey Lee Chafin v. Lynne Hales Chafin

Docket 11-1347

Facts of the Case:

  1. Jeffrey Lee Chafin, a citizen of the United States and an active duty member of the United States Army, is the biological Father of Eris Chafin, now five (5) years of age.
  2. Lynne Hales Chafin is a citizen of Scotland and the biological Mother of Eris Chafin.
  3. The parties met in 2005 while Father was stationed in Germany and married in March 2006 in the country of Scotland.  Eris Chafin was born in 2007 while Father was still stationed in Germany.  Eris is considered to have dual citizenship as a citizen of the United States and as a citizen of Scotland.
  4. Sgt. Chafin was deployed to Afghanistan for fifteen (15) months in 2007 and 2008.  During that period of time, Mother and the minor child lived in her native country, Scotland.  When Sgt. Chafin returned to Germany from Afghanistan in 2008, the parties decided to remain separated from one another.
  5. When Sgt. Chafin was transferred to Redstone Arsenal in Huntsville, Alabama, in early 2009, Wife/Mother and Eris joined Father and moved to Alabama
… Read More... “Child Custody Dispute to be Decided By the U.S. Supreme Court”

Minimalization: How We Accept the Unacceptable

Minimalization: Accepting the Unacceptable

Minimalization: A Case Study of Jane

minimalizationJane was married for twenty five years. Her husband filed for divorce, and Jane struggled to understand what happened. “Disappointed,” was Jane’s response when I queried as to how she felt. Over and over she spoke of her disappointment.

Jane was diagnosed with depression during the marriage. She shut down emotionally. She was not accessible to her husband or children. I asked her if she was happy in the marriage. “Not really, but life is hard.” Her husband, a dominant, verbose guy, didn’t like to hear Jane’s complaints, so after a while she learned to keep them to herself. She tried to minimize them, (“This is not that important”) or rationalize them (“He really didn’t mean that”). Years of minimizing her own pain and trying to hold it in turned into depression for Jane. She wasn’t just disappointed. She was really, really angry.

Minimalization – Why do we Minimizie?

Why do we minimize our feelings? Many of us lack the tools to express what we feel in a positive, productive manner. For example, Jane grew up in a volatile family, and Jane did not learn that anger was … Read More... “Minimalization: How We Accept the Unacceptable”

Spousal Support: Hidden Time Bomb!

Avoid Future Problems, Consult With An Attorney To Avoid Modification Of Spousal Support By The Courts.

spousal supportSince divorce attorneys, like the rest of the population, do not have a crystal ball, making decisions regarding whether spousal support should be modifiable in the future are difficult.  This is a very crucial area where individuals trying to navigate through a termination of their marriage without an attorney can run into huge problems.

In Ohio, the Court does not automatically retain jurisdiction to modify spousal support in the future.  Instead, the Court’s future jurisdiction to reduce, modify or terminate future spousal support is controlled by the explicit language contained in the Final Decree of Dissolution or Divorce.  The drafting of that language, therefore, is critically important.  Of course, whether you are the payor or the recipient can have a dramatic effect on how you want that provision written.

Options to consider include the following:

  1. The Court retains no continuing jurisdiction to modify spousal support in the future.
  2. The Court retains full jurisdiction to modify both the term and amount of spousal support.
  3. The Court retains limited jurisdiction to modify the amount of spousal support, but not extend the term.
  4. The Court retains limited
… Read More... “Spousal Support: Hidden Time Bomb!”

Child Abuse: Non-Abused Siblings Who Remain at Home

Child Abuse: Non-Abused Siblings Who Remain at Home

child abuseA recent study identifies the nation’s most dangerous traffic intersection. It’s at Flamingo Road and Pines Boulevard in Pembroke Pines, Florida. The insurance company’s engineer who compiled the report notes that the intersection meets appropriate design standards and is regulated by traffic lights. He said traffic volume and driver error were two important factors in the high number of crashes.

Child Abuse and the Dangerous Child Protective Services Intersection

One of the most dangerous intersections of every state’s child welfare system is the decision whether to remove or leave non-abused siblings in a home in which another sibling has been a victim of child abuse or neglect.  Like the dangerous intersection in Pembroke Pines, CPS workers often face high caseloads (“traffic volume”) and constant life-threatening decisions (the possibility of “driver error”).

A Pennsylvania case involved “an appeal from the determination of dependency where the adoptive father committed sexual child abuse upon one of the children. The trial court removed the victim child from the home, placed her into foster care while allowing the non-abused child to remain under court ordered protective supervision in the parents’ home.” The Pennsylvania court wrestled with this … Read More... “Child Abuse: Non-Abused Siblings Who Remain at Home”

Child Custody: Parents versus Grandparents

An Overview Of The Child Custody Case Timothy Cantrell v. Erica Trinkle (2011-CA-17)

child custodyThe Juvenile Court of Clark County, Ohio awarded custody of the minor child (“CC”) to the paternal grandparents. Mother appealed the decision.

Court of Appeals Holding:

The Juvenile Court’s finding that the Mother was an “unsuitable parent” was against the manifest weight of the evidence.

Parties to the action:

Timothy Cantrell:  Father of CC.
Erica Trinkle: Mother of CC.
Tracy and Randy Wood: Paternal grandparents of CC.

Facts of the child custody case:

Timothy Cantrell (“Father”) and Erica Trinkle (“Mother”) had a child, CC, out of wedlock in September 2007.  In March 2008, Mother’s Father was providing child care for CC while Mother was working.  An automobile accident occurred and the child was not injured. Allegations were made that the maternal Grandfather was intoxicated at the time of the accident.  That allegation was not substantiated. Following the automobile accident, a referral was made to the Clark County Children’s Services Board (“CSB”). Neither Father nor Mother complied with the voluntary case plan with CSB and the case was “closed” in December 2008.

In June 2008, Mother and Father ended their relationship with one another.  Mother and CC moved … Read More... “Child Custody: Parents versus Grandparents”

Visitation: Stepparents are Parents Too!

Stepparents are Parents too! Stepparent Visitation!

visitationI always like to talk about the connotations associated with the words we use every day. Whether they are positive or negative, the words we use can have a grave impact upon a person’s feelings. One such word that comes to mind is stepmom or stepdad. Generally, feelings associated with the word step anything can result in feelings of negativity. I am sure everyone remembers Cinderella’s EVIL stepmother! Being a stepchild, I understand why those feelings can sometimes arise. Blended families come with many obstacles. However, I also know why they can also be associated with very positive connotations and because of that I thank God every day for blessing me with my stepfather, my dad. In the spirit of Father’s Day, I would like to talk about laws in Ohio that have resulted in stepparent visitation and sometimes even custody!

Visitation and Ohio Law

Ohio has codified within its laws three (3) ways to seek visitation with a minor child. They include the following:

  1. Ohio Revised Code § 3109.051: “In a divorce, dissolution, legal separation, annulment, or a child support proceeding that involves a child, the Court may grant reasonable companionship or
… Read More... “Visitation: Stepparents are Parents Too!”
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