Divorce And Insurance Policies: What Divorce Attorneys Need To Know To Protect Their Clients

bwilson.jpgYou may not be aware that, years after you have prepared a separation agreement, it may have a direct bearing on whether your clients are covered under their auto or homeowners’ insurance policies in a variety of accident scenarios.

Here’s a typical scenario. Months or years after Mom and Dad are divorced, one of them hands the car keys to “Junior,” who negligently wrecks the car and injures another motorist. One or both parents, thinking that Junior is covered under their auto policy, turn the claim into their insurer, only to be shocked that the insurance company denies the claim.

There are two principal reasons why the claim might be denied: Junior is not a “named insured” or a “resident relative” under the policy. If the denial holds water, Junior and perhaps his parents may be exposed to personal liability, and the distinct prospect of bankruptcy. The question is: Is there anything the divorce attorney can do to ensure or increase the likelihood that minor children will be covered in a future accident under one or both parents’ insurance policies?

This accident scenario has been frequently litigated. Courts examining this issue have focused on what constitutes “residing” with a particular … Read More... “Divorce And Insurance Policies: What Divorce Attorneys Need To Know To Protect Their Clients”

For Your Child’s Sake, Work With Ex-Spouse – Dr. Ramey Doesn’t Mince His Words!

ramey_min.jpgReader’s Question: I have seen my 7-year-old daughter every other weekend since I divorced her mom two years ago. My daughter’s behavior with me is absolutely horrible, to the point where I now dread her coming over. My ex-wife is a real pain and a terrible mother, so I really can’t speak with her about our daughter. Any ideas on what I can do to get my daughter’s behavior under control?

Dr. Ramey’s Answer: Stop whining about your ex-spouse. You can’t solve this problem without talking with your ex-wife. Regardless of whatever may have happened during your marriage and divorce, you need to put the love of your child ahead of your feelings toward your ex-spouse. If your daughter’s mom is unwilling to talk with you directly, ask if she would be willing to go with you to a child therapist to help deal with your daughter’s problems.

These youngsters are among the saddest I treat because most of these problems are caused by selfish and immature parents.

Reprinted by permission from the November 16, 2008, edition of the Dayton Daily News, “For your child’s sake, work with ex-spouse”, Family Wise, Gregory Ramey, PH.D.

… Read More... “For Your Child’s Sake, Work With Ex-Spouse – Dr. Ramey Doesn’t Mince His Words!”

Can Parental Alienation Be Far Behind? The Warning Signs Every Family Lawyer Should Know

Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio.

jud_pas.jpgIt is important that family law attorneys remain aware of the patterns of behavior found in cases involving possible parental alienation and pay heed to ongoing complaints by clients experiencing even the early stages of alienating behavior. Early in a custody case it can be very apparent that one parent is extremely angry, bitter or feels betrayed, by both the other parent and by expectations of the “system”. Having to share custody may only intensify the anger due to having to continue the relationship with a person they despise. Then a campaign begins to align the children to his or her side and together with the children work to destroy any viable relationship with the target parent.

Often the alienating parent will file false domestic violence charges, seeking the easy route to obtaining sole custody by obtaining a civil protection order which includes the children. During this stage, the alienating parent, most often the … Read More... “Can Parental Alienation Be Far Behind? The Warning Signs Every Family Lawyer Should Know”

What Is Parental Alienation And Parental Alienation Syndrome?

sep_pt1.jpgSubmitted by Robert L. Mues with legal research and assistance from Aaron Hill, an extern from the University of Dayton School of Law.

There are a number of different factors and circumstances that have an effect on the determination of custody in Ohio. According to O.R.C. §3109.04(F)(1), the court must consider all relevant factors when determining the best interest of the child. One of those relevant factors under Section 3109.04 (F)(1)(I) includes whether either parent has continuously and willfully denied the other parent’s right to parenting time or visitation as ordered by a court. While visitation denials may be relatively easy to prove in court, that alone doesn’t amount to parental alienation. Further, it is not uncommon for some amount of alienation to occur when parents first separate. Usually, the alienation subsides after the parents’ transition through the separation and move on with their lives. In some cases it doesn’t, and instead it continues and escalates to what has become referred to as “Parental Alienation Syndrome”. This disorder was first identified by Richard A. Gardner, a forensic psychiatrist, in the mid-1980s, and defines it as:

A disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is
… Read More... “What Is Parental Alienation And Parental Alienation Syndrome?”

What If You’re Not The Parent You Wanted To Be?

ramey_par.jpgParenting is not what you expected. Children are not the joy you anticipated. You’ve turned into the type of parent you vowed you’d never become.

What went wrong?

Perhaps this is related to your expectations. You had such high hopes for what it was going to be like to raise children. In an environment of love and acceptance, you knew that children would respond with kindness and affection. You put your children as your highest priority, ahead of your own interests and even before the relationship with your spouse.

In return for that passionate commitment, you expected to be around children who were generally well behaved, creative, sensitive, bright and engaging. While your kids sometimes act those ways, they are typically self-absorbed, insensitive and even mean-spirited. Completing simple chores become battles. For all that you have given them and for all of your sacrifices, why the heck can’t they just take out the trash once a week? Your kids don’t do as they are told, and it really doesn’t seem to matter what effect this has on you and your spouse.

You have responded in ways that you could never have imagined. You’ve lost your temper and occasionally spanked your … Read More... “What If You’re Not The Parent You Wanted To Be?”

Understanding the Courts: Family Relations Department of the Domestic Relations Court of Montgomery County, Ohio

courtmc.jpgWhat Does the Family Relations Department of the Domestic Relations Court of Montgomery County, Ohio, do for the court and for the clients of the court?

The Family Relations Department entered into a Memorandum of Understanding Program Description wherein it describes it will provide the following services:

  • Guardian Ad Litem Services
  • Parenting Time Facilitation
  • Parenting Time Investigations
  • Home Study Investigations
  • Other.

An Interview with Sandra Fredrick, Manager of the Family Relations Department of the Domestic Relations Court of Montgomery County, Ohio, took place on Monday, June 30, 2008, with the specific intent to answer the question posited above.

Ms. Fredrick advised me that she had been with the Court since 1978, this being her thirtieth (30th) year with the Court. She explained to me that it was during Judge Charles Lowman’s term with the Court that he caused the Guardian Ad Litem program to be initiated to assist the Court with issues of custody, visitation, and other disputed child-related issues, especially for persons who did not have the money to pay for a psychological evaluation of the parties.

While the cost of a private psychological evaluation of the parties and significant others could easily exceed the sum of $2500.00, … Read More... “Understanding the Courts: Family Relations Department of the Domestic Relations Court of Montgomery County, Ohio”

Kids bring happiness, right? Not always

ramey_happy.jpgParents contribute significantly to kids’ happiness, but having children generally results in less happiness for couples, according to research summarized in “Gross National Happiness” by Arthur Brooks.

It may be a bit surprising to some that parents are very important to their children. One would think that in a materialistic culture, kids would feel happier with the latest iPhone and video games. However, young adults in the age range of 13-24 report that spending time with their family is the most important factor leading to their happiness. Seventy-five percent of young adults say their relationship with their parents makes them happy.

For these young people, the things that make them happy are the same things that make most of us happy: social relationships. Having meaningful, honest and rewarding relationships with family and friends are more important than anything else.

We may enjoy things, but we find meaning and happiness in being around people who really matter to us.

The research on couples with children is a bit more perplexing. Brooks reports that after such variables as age, income, gender, race and politics are considered, a “parent would be about seven percentage points less likely to report being very happy” than … Read More... “Kids bring happiness, right? Not always”

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