Do Criminal Convictions Impact Custody Determinations?

criminal convictions custody child's best interest

Child’s Best Interest Considered When Custody Is Granted In Ohio, But What If The Parent Has Criminal Convictions On File?

criminal convictions custody child's best interest

Yes. Criminal convictions may impact the Judge’s decision regarding who is granted custody. In Ohio, as in most states, the guiding principle is “what is in the child’s best interest“. By necessity, this must be a very comprehensive consideration of many factors. In Ohio, Section 3109.04 (F)(1) lists 10 specific factors the Court is to consider when making a custody determination.

They are:

(F) (1) In determining the best interest of a child pursuant to this section, whether on an original decree allocating parental rights and responsibilities for the care of children or a modification of a decree allocating those rights and responsibilities, the court shall consider all relevant factors, including, but not limited to:

  1. The wishes of the child’s parents regarding the child’s care;
  2. If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;
  3. The child’s interaction and interrelationship with the
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Child Visitation Exchanges – Tips to Avoid Problems!

visitation exchanges custody

Visitation Exchanges. Do this to Avoid Friction with your Ex!

visitation exchanges custodyVisitation exchanges and custody exchanges can be uncomfortable and sometimes downright combative depending upon the relationship between the parents. They can also be stressful to your child as well. The overall objective needs to be to keep things civil and reduce friction all the way around.

Here are some common-sense tips of what to do, or not do in visitation exchanges:

  1. Coordinate Drop Off/Pick Up Location: In high conflict cases, the less you have to interact with your Ex the better. One common approach is agreeing upon making the switch at school, a daycare center, babysitters or friend’s house.  Other options are at a public place such as a park or restaurant. In extreme situations, some folks will make the exchange outside the local police department. You need to figure a spot that is practical and reduces possible danger
  2. Bring a Third Party: Some folks will bring a witness to observe the drop off/pickups and to act as an observer and help reduce any friction. If you do this, please be smart in who you choose. Typically, a family member or a mutual friend works best (assuming they get along
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Blast From The Past: Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S UPDATE: Here is one of my favorites posts written by custody expert Judianne Cochran from back on September 18th, 2010! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Using False Allegations In Family Law Custody Cases. Will I get A Better Position?

custody false allegations family lawIn recent years there has been a steady and alarming increase in the use of false allegations of vague, unsupported claims of domestic violence and even vaguer claims of child abuse, used solely in an attempt to find a shortcut to a presumed better position in custody cases.

What is more alarming is the observation that more often than not the attorneys of record for the litigants making these claims have been those unschooled in and relatively new to the family law arena, who have chosen to step outside their actual specialty and add a minor “division” of family law to their practices. Often, a new, young, unskilled associate is added to the practice to handle these family law issues.

Some of these practitioners use this mechanism so frequently that simply hearing the name of the attorney leads … Read More... “Blast From The Past: Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!”

Grandparent Custody Issues From a Lawyer’s Viewpoint

grandparents custody

Grandparents Custody In Ohio

PUBLISHER’S NOTE: Tomorrow is National Grandparents Day. While perhaps it is not a well recognized day, it should be. Grandparents are raising more and more children every year. In addition, the importance of their role in our society can not be overstated. This article posted on the Ohio Family Law Blog 10 years ago by Anne Shale, still serves as an excellent primer about grandparent custody in Ohio. In honor of all the grandparents out there, I want to say “thank you” for all your efforts, sacrafices and the love that you share!”

Grandparents Gaining “Custody” of Their Grandchildren: Why? How? Where?

grandparents custodyIn an ideal world, children should be reared by a loving and caring two-parent family, having both a Father and a Mother, with plenty of caring relatives to assist with parenting activities during times of stress, need, or illness. Today, we are seeing more and more Grandparents taking on the responsibility of primary child-rearing of their Grandchild or Grandchildren. For the sake of brevity, this article is directed to Grandparents seeking “custody” of one Grandchild though they may, in fact, be seeking “custody” of several Grandchildren. Why are we seeing … Read More... “Grandparent Custody Issues From a Lawyer’s Viewpoint”

Another Same-Sex Parenting Rights Issue Upheld by the U.S. Supreme Court

Alert Key Legal Update

U.S. Supreme Court Upholds Arizona Supreme Court Same-Sex Custody Case Decision

supreme court custody same-sex divorceThe U.S. Supreme Court declined on February 22, 2018, to hear an appeal of a case where the Arizona Supreme Court found that a lesbian woman should be recognized as the legal parent of the child she and her former wife conceived through artificial insemination during their marriage.

The case, stems from a custody dispute between Kimberly McLaughlin and Suzan McLaughlin.  The couple was legally married in California in 2008, and chose to have a child via artificial insemination and an anonymous sperm donor.  In 2011, Kimberly gave birth to the couple’s son.  Two years later, she left with the child and cut off all communication between Suzan and their son.  Upon filing for divorce, Suzan sought parenting time based upon an Arizona law regarding the presumption of parentage.  Specifically, the law states that a child born to a woman within 10 months of her marriage is presumed to be biologically related to the father.  However, Kimberly claimed that she cannot be required to share custody of her biological child because this presumption clearly states that it only applies when the other spouse is a man.

U.S.

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Shared Parenting: Kentucky Governor Signs New Law, Is Ohio Behind the Times?

How Does The New Shared Parenting Law Signed In Kentucky Impact Ohio?

Shared Parenting law custody divorceKentucky took a step closer on April 12, 2017 to making shared parenting in instances of divorce the norm in the state.  House Bill 492, received unanimous support in both the House and Senate.  The new law was also supported by an overwhelming amount of research showing it is in a child’s best interest to have as close to equal time with both parents in instances of divorce, particularly early on in the process.

“Children are now more likely to see both parents regularly after a divorce, which is a huge win for the children of Kentucky considering research consistently shows shared parenting is in the best interest of children when their parents divorce,” said Matt Hale, Chair of National Parents Organization of Kentucky. “Plus, parents are no longer in the high-conflict winner win all and loser lose all situation”.

The new law amends KRS 403.280, allowing a court to adopt a prior parental temporary custody agreement as the court’s temporary custody order. However, the agreement must be mutually agreed upon while adequately providing for the child’s welfare. The new law also creates a temporary joint … Read More... “Shared Parenting: Kentucky Governor Signs New Law, Is Ohio Behind the Times?”

Military Custody Law Update For Deployed Members

Congress Passes Law Affording Military Custody Protection to Our Deployed Servicemembers

Deployment Can No Longer Be Held Against Military Parent In Child Custody Disputes

military custody law
Left to Right: Lt. Eva Slusher, her daughter Sara Slusher and Mike Turner

For 8 years, Michael R. Turner, R.-Ohio, has been calling for Congress to afford its military members child custody protection while deployed; it appears they finally listened.

In February 2010 and February 2011, Anne Shale posted articles entitled, “They Fight for America and Upon Return Must Fight for Their Children” and “BREAKING NEWS: Secretary of Defense Gates Changes Position to Protect Custodial Parents Deployed Overseas!” articles addressed Turner’s arduous fight to persuade lawmakers to amend the National Defense Authorization Act (“NDAA”) to provide military members child custody protections while deployed overseas.  Tuner was inspired in 2007 when he met Lt. Eva Slusher, a member of the Kentucky National Guard, who lost custody of her daughter after returning home from a deployment in 2004 because according to the judge, “the military lifestyle is not stable and is not conducive to raising children.”  While Slusher did eventually regain custody of her daughter, it took approximately $25,000 in court costs and 2 years…precious time that she … Read More... “Military Custody Law Update For Deployed Members”

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