ALERT: Ohio Licenses No Longer Threatened for Non-Payment of Child Support

child_support_law.jpgTucked deep into the recently passed state budget is a new provision that will reduce driver’s license suspensions of alleged “deadbeat” parents.  Currently, a parent owing more than a month in child support faces the possibility of the loss of his or her driver’s license and professional licenses. Under current law, neither the courts nor the Child Support Enforcement Agency can grant limited driving privileges for occupational purposes on a child support license suspension.

The new law, codified in Ohio Revised Code Chapter 3123, which went into effect on September 28, 2011,  provides that parents who pay at least half of their court-ordered child support will no longer face suspension of their driver’s or professional licenses. Another provision will allow parents to have prior suspensions for failing to pay child support removed from their driving record. Benjamin Johnson, spokesman for the Ohio Department of Job and Family Services, said that under the new law, county child-support enforcement agencies must look back 90 days to see if a parent has paid less than 50 percent of his/her child support obligation. If so, a pre-suspension notice, giving the parent the opportunity to pay up will be sent. A parent who fails to … Read More... “ALERT: Ohio Licenses No Longer Threatened for Non-Payment of Child Support”

Extremely Obese Children…Should Their Parents Lose Custody?

obese_children.jpgWhen parents neglect or fail to provide even basic food, shelter, or medical care for their children, we would all agree that Children’s Services needs to step in and remove a child from their parent’s control.  If a child’s immediate safety and well being are at risk, we would argue that such a situation must not be allowed to continue.

But what about parents who allow their children to become extremely obese over time…obese to the point that a child’s health, or even life, is in danger?  If a child is experiencing medical problems because his or her parent allows them to eat to excess and maintain an inactive lifestyle, should Children’s Services remove a child from that environment?  Doesn’t the situation amount to a form of child abuse that authorities should act upon?  A recent commentary in one of the nation’s most distinguished medical journals, the Journal of the American Medical Association, argues “Yes!”, and it’s causing quite a debate across the country.

The commentary that has generated numerous news stories and blog articles was written by Dr. David Ludwig, an obesity specialist at Harvard-affiliated Children’s Hospital in Boston, and Lindsey Murtagh, a lawyer and researcher at Harvard’s School … Read More... “Extremely Obese Children…Should Their Parents Lose Custody?”

Japan Announces its “Intention” to Join the Hague Convention

jpn_hague.jpgAfter years of intense pressure from the United States government and governments of the European Union, the government of Japan recently announced its intention to join the Hague Convention relative to child custody.  At the present time, Japan is the only major industrialized country that has not signed the treaty.  And, Japan is the only member of the Group of Seven (G-7) leading nations which is not a party to the treaty.  The G-7 countries which have adopted the Hague Convention are France, Germany, Italy, the United Kingdom, Canada, and the United States.

The Hague Convention, also known as the Hague Convention on the Civil Aspects of International Child Abduction or the Hague Abduction Convention, was signed on October 25, 1980.  Its effective date was December 1, 1983.  As of April 2011, eighty four (84) states/countries are parties or signatories to the Convention.  The primary objective of the Convention is to preserve whatever status quo child custody arrangement existed immediately before an alleged wrongful removal or retention of a child or children.  Stated in the alternative, the Convention provides that the Court in which a Hague Convention action is filed should not consider the merits or any underlying child custody … Read More... “Japan Announces its “Intention” to Join the Hague Convention”

Do Challenging Children Cause a Bad Marriage?

challenging_children.jpgResearch published last month in Child Trends reported that happy marriages generally result in happy children. I was asked by a reader if children with any type of physical, emotional or developmental problems cause unhappy marriages.

Research has focused on parents raising children with such problems as Attention Deficit Disorder, Autism Spectrum Disorder and similar types of disabilities. The research findings have been ambiguous, with some studies finding a higher rate of divorce among such parents, and with others documenting no real differences. However, it’s clear that raising a special-needs child can result in a severe strain on a marriage. Here’s how successful marriages navigate these problems.

  1. Put your marriage first. A child with any type of disability demands more time and attention than other children. Good parents naturally want to meet those special needs, but that may result in neglecting your spouse. Healthy relationships take time and work, so it takes an extra effort by both spouses to be attentive to the needs of their marriage partner.
  2. Create a “no talk about children” zone. I recently learned about this technique from one of my clients. She found that virtually every conversation with her spouse revolved around some issue with
… Read More... “Do Challenging Children Cause a Bad Marriage?”

Establishing Paternity in Ohio – An Overview

establish_paternity.jpgThe concept of “paternity” refers to the process of going to court to establish a legal relationship between a father and his child.  The process exists because society has created laws to make sure that children are supported by their own biological parents whenever possible.  A paternity action will help determine who should be paying for that support and how much they should be paying.  In Ohio, a paternity action will only apply to a mother and father who were never married  because any child born during a marriage is presumed to be the husband’s legal child.  Paternity actions between unmarried people are typically heard in a county’s juvenile court.

Who can file for paternity?

In Ohio, the only people who can bring an action to establish paternity are the mother of a child, the alleged father of that child, the child (or a representative of the child), or the Child Support Enforcement Agency in the county where the child resides (if the mother, alleged father or guardian of the child is receiving public assistance on behalf of the child).  A grandparent or other relative cannot file a paternity suit.

Why should someone establish paternity?

Paternity helps to protect both … Read More... “Establishing Paternity in Ohio – An Overview”

Tips on How to Prevent and Handle a Lost Child Situation

lost_child_situation.jpgMy wife and I have raised two (2) sons and we personally experienced the terror of a child becoming lost in a public place.  Fortunately, ours ended like most of these situations with our son being located and returned safely.  So, that being said, I want to thank Keith Kepler, the Vice President and General Manager at AlliedBarton Security Services, for sending the Ohio Family Law Blog these important tips about protecting our children from becoming lost or missing. I think that his advice is spot-on.  Please take a moment and read his practical suggestions:

A lost child is a parent’s worst nightmare.  As families plan to spend more time outdoors, on vacation and in busy public places this summer, it is important to be prepared. A survey of parents by the Center to Prevent Lost Children showed that 90 percent of families will experience losing a child in a public place at least once, and 20 percent said it has happened more than once.  The United States Department of Justice reports that more than 300,000 children become temporarily lost for at least one hour, but the good news is that a majority of those children are quickly found and … Read More... “Tips on How to Prevent and Handle a Lost Child Situation”

Tips to Help Avoid the Summer Parenting Blues…

Summers can be a difficult time for parents separated from their children for extended periods of time.  Ann Dunnewold, Ph.D., author of Even June Cleaver Would Forget the Juice Box, gave the following tips to Parenting magazine about ways to keep in contact with children away from home during the summer:

  1. Use your cell phone. Although the idea of entrusting a cellular device to your 6-year old (never mind kids younger than that) is appalling to many parents, allowing a child to have access to his or her mother or father’s voice is a simple and effective way to stay connected.  If the babysitter or another parent is with the child while you are not, simply ask them to cooperate and lend the child their phone.  A study conducted at University of Wisconsin-Madison shows that girls who talked to their mothers via phone felt calmer and happier as those whose mothers were physically available for hugs.  Hearing a parent’s voice lowers a child’s cortisol (stress hormone) and released oxytocin, a hormone associated with physical contact. 
  2. Make a recording. If you know you’re going to be stuck in a closed conference all day, make a recording of yourself reading your
… Read More... “Tips to Help Avoid the Summer Parenting Blues…”
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