Homeschooling and Child Protection

homeschoolingWe want to thank Daniel Pollack, a professor at Yeshiva University’s School of Social Work in New York City and a frequent expert witness in child welfare cases for sending an article he published “Homeschooling and Child Protection”, Policy & Practice (Feb. 2012). The issue that he wrote about is an important one in the child welfare world and one that has hit home in real life recently in Dayton, Ohio. We have adapted this blog article in large part from Professor Pollack’s article.

Homeschooling: What is it and why does it exist?

Homeschooling, defined as “parent-directed education that meets the requirements for regular school attendance,” has become much more common in the United States. As of 2007, there were more than 1.5 million students being homeschooled in the United States. When parents of homeschoolers are asked why they chose to homeschool their children, the most popular answers were concern about the school environment, desire to provide religious and moral training, and dissatisfaction with the academic instruction available at their schools. As it is becoming more popular, each state has regulated the practice of homeschooling, making rules and requirements to which parents must strictly adhere.

Homeschooling: The

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Foster Children : Summer Safety

Foster Children: Summer Safety

Keeping foster children safe in the water

foster childrenWater. It can be so much fun, but oh so dangerous. The National Safe Kids Campaign (2004) reports that “drowning is the second leading cause of unintentional injury-related death among children ages 1–14 and the leading cause of unintentional injury-related death among children ages 1–4. The majority of drownings and near-drownings occur in residential swimming pools and in open water sites.” Furthermore, in 2004, “approximately 2,300 children ages 14 and under died from unintentional injuries that occurred in the home. Nearly 80 percent of these deaths were among children ages 4 and under.”

Foster Children News Headlines on Summer Safety

Reported cases of swimming pool accidents involving foster children that actually go to trial are not common.  Many more cases are filed and settled out of court. A sampling of unfortunate headlines dealing with Foster Children tells the story:

Suit Settled In Foster Child’s Near-drowning

Mother may sue over baby who drowned in foster care

Toddler ‘drowned in pool while her foster parents partied’

Foster child drowns in pool, parents question DHS

Foster Children: New State Regulations for Pool Safety

As a result of these lawsuits involving foster … Read More... “Foster Children : Summer Safety”

Custody and Smoking Issues

Custody and Smoking Issues

custodyIf you smoke cigarettes, there’s a good chance that at some time in your past you’ve made a pact with a friend who also smoked that the two of you were going to try to quit smoking together, but you just couldn’t hold up your end of the deal.  In another attempt to quit smoking, maybe you’ve tried one of those “patches” but that didn’t do the trick either.  Perhaps you’ve seen those controversial commercials on T.V. where disfigured long-time smokers describe the major health problems that smoking has caused to their bodies, but today you remain a smoker.  Well, if you’re still a smoker, and you’ve tried repeatedly to give up the habit, the Family Law attorneys at Holzfaster, Cecil, McKnight & Mues may finally be able to provide you with the extra motivation you need to quit, especially if you are in a Custody dispute!  The new method that we are using to help our clients who are in Custody disputes to quit smoking is called the “You’re Going To Lose Custody of Your Kids If You Don’t Stop Smoking TODAY!” method.  This “method” that we are encouraging our clients to follow is … Read More... “Custody and Smoking Issues”

Parenting Tips on Gifts and Teens Who Don’t Want to Visit

parentingFor those of you who follow our blog, you already know that local child psychologist Dr. Greg Ramey is a frequent contributor.  Dr. Ramey is the vice president for outpatient services at Dayton Children’s and writes FamilyWise, a weekly parenting column in the Dayton Daily News that is distributed through the New York Times wire service. He is also a clinical assistant professor of pediatrics at Wright State University Boonshoft School of Medicine.  From time to time, Dr. Ramey publishes in his Sunday column in the Dayton Daily News letters or emails that he has received from parents and his response to those questions in a Q & A format.

Here are a few dilemmas that I thought parents might find interesting. The first is from a mother who doesn’t approve of gifts that her children receive from their father, while the second letter discusses visitation issues for a teen who is resisting going to his father’s as it is getting in the way with his social life.

Parenting Tip: In Her House, Mom Can Veto Video Games

Q.  I dread this time of the year because of the constant conflicts with my ex-spouse regarding Christmas gifts for our two … Read More... “Parenting Tips on Gifts and Teens Who Don’t Want to Visit”

Parenting Time Calculator

A Helpful Parenting Time Calculator Tool for Family Law Attorneys

parenting timeAny family law attorney, judge, or child custody expert will tell us that, except in unusual circumstances, during and following a divorce it is desirable for a child to have a strong relationship with both parents. It follows that the less contentious the divorce the better off are the children, the parents, and the department in charge of child support issues. Indeed, custody and support issues can unravel what might otherwise be an amicable divorce. One of the major problems that may arise after divorce is custodial interference with visitation. Many jurisdictions, including Ohio, have held that unreasonable interference with the noncustodial parent’s parental rights can even be grounds for a change of custody.

According to Susan D. Stewart, in her study published in the Journal of Marriage and Family in October, 2010, one third of all children in the United States have a nonresident parent. Child custody is a term that defines the legal relationship between a child and a parent. Generally, there are two types of custody. “Physical custody” determines where the child lives. “Legal custody” describes which parent has the legal right to make important decisions for … Read More... “Parenting Time Calculator”

Social Security and Divorce Alert

“The problem with receiving unearned income through adjudication/settlement agreements In A divorce or dissolution when one receives social security income or social security disability income”

social securityIf you are a recipient of Social Security Income or Social Security Disability Income  and you are going through a divorce or dissolution, your first step should be to find an attorney who has a good working knowledge of social security income and social security disability income. Spousal support, child support, and property settlements are often the main issues in any divorce or dissolution. Not only does spousal support, child support and property settlements encompass a great deal of the divorce or dissolution proceeding, but when one receives these things as part of a global settlement or adjudication, and they are also receiving social security income, social security disability income, Medicare, or Medicaid, one can find that what they want and what they get can be often two very different things.

When the Social Security Administration determines the amount a recipient receives, they subtract what is known as “countable income” from the SSI base rate. The Federal SSI base rate for 2012 is $674.00 for an individual. Countable income is anything that is received in … Read More... “Social Security and Divorce Alert”

Pet Custody Disputes in Ohio

Pet Custody: Who is Entitled to Keep the Family Pet?

Pet custodyHave you ever wondered what might have happened to Cheeta if Tarzan and Jane had decided to split up? If Fred and Wilma had gone through a nasty divorce, which one would have gotten Dino? Remember Lassie? If Timmy’s parents, Ruth and Paul Martin, had divorced would Lassie’s barking, in an attempt to explain which party she wanted to live with, have even mattered to a judge?

When people divorce, or even when roommates part ways, disputes over what happens to household pets and pet custody can get contentious. Feelings over what is to happen to the family dog, cat, or bird after a split tend to be much more passionate than they are regarding what is to happen to a lawn mower, cappuccino machine, or even to that cool washer/dryer set. That reality is why we at Holzfaster, Cecil, McKnight & Mues are seeing more and more cases involving pets and the right to keep custody of, or visit with, family pets once a split occurs.

Often, pet owners who are facing divorce or a split of some dating or roommate relationship want to treat their household pets as … Read More... “Pet Custody Disputes in Ohio”

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