Internet Evidence In Ohio: Will It Hold Up in A Court of Law?

inspector looking into magnifying glass

In this day and age, where children can operate their parents smart phones before they can read, where sending a hand-written letter has been replaced by a text, and where anything you could ever want to know is just one Google search away, it is not surprising that technology and the internet have found their way into our court systems. And with all this material so readily available, it begs the question . . . will information found on the internet hold up as evidence in a court of law?

In Ohio, it seems that it depends on the situation.  In Bank of Am., N.A. v. Miller, the Second District Court of Appeals was asked by the Plaintiff to take “judicial notice,” and therefore accept factual information found on U.S. Bank’s website.

The Court explained that in order for it to take judicial notice, Ohio courts generally will only do so if a party is unable to deny the information that is posted on the website.… View Full Article → “Internet Evidence In Ohio: Will It Hold Up in A Court of Law?”

GAL: Should a Guardian Ad Litem Be Required to Obtain a Release of Information From the Parties Involved?

man walking in woods with young daughter

In Ohio, a guardian ad litem (GAL) (also known as a CASA- court appointed special advocate), is appointed by the court to assist a domestic or juvenile court in determining what is in a minor child’s best interest. A GAL does this by reviewing court pleadings, requesting and reviewing records of the necessary parties and children involved, speaking with witnesses, and conducting studies and interviews of the children at home and at school.  Because the GAL does not represent either party in the case, it is believed that through their independent investigation they will be able to recommend to the court what outcome is the best for the children.

A critical part of the GAL’s investigation is reviewing the records of the parties involved.  Therefore, in Ohio, when the court appoints a GAL to a specific case, the order issued makes it clear that the GAL has the power to review these otherwise confidential documents, and make copies if necessary.… View Full Article → “GAL: Should a Guardian Ad Litem Be Required to Obtain a Release of Information From the Parties Involved?”

Blast From The Past: Fathers are Indeed Important!

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S UPDATE – Blog Originally Published on January 16, 2010: It is time for another “BLAST FROM THE PAST!” After Court recently, my client thanked me and reminded me about writing this Blog about his case seven and a half years ago. I was once again representing this father in the same rural Ohio Juvenile Court. The child is now 13+ and about to start the 8th grade but really wanted to move out of Ohio to live primarily with Dad and his family and attend school in North Carolina.  Dad’s perseverance once again paid off!  After a very strong guardians report, the parties agreed to a 1 year trial period for their child to move to the Tar Heel State.  This child is indeed blessed to have 2 excellent, loving, and caring parents willing to try to do what is in the child’s best interest! Good parenting by Dad and all his love and his fortitude did once again pay off!… View Full Article → “Blast From The Past: Fathers are Indeed Important!”

Life Insurance Policies on Ex-Spouses: Can and Should a Divorce Court Allow These?

woman under umbrella made of hearts

Spousal Support Can Be Secured With A Life Insurance Policy

In today’s world, it is not uncommon for married spouses to take out life insurance policies on one another.  Of course, if you’re happily married, you hope and pray that you’ll never be in the place of having to cash one in.  Nevertheless, such policies provide some “peace of mind” that should the unthinkable happen, the financial burden caused by such a tragedy may be a little easier to bear.

So, having a life insurance policy on your spouse makes sense, right?  But what about having a life insurance policy on your ex, or soon-to-be ex-spouse? Can and should a divorce court allow this?

Many people would argue that in divorce cases where child support or spousal support is ordered, it is smart to have a life insurance policy in place on the parent who is obligated to pay. By doing so, it ensures that the children or receiving spouse will be supported even if the other spouse dies.… View Full Article → “Life Insurance Policies on Ex-Spouses: Can and Should a Divorce Court Allow These?”

Blast From The Past: Hitting The Airwaves With “Big George” On The BBC

Blast from the past 13 years Ohio Family Law Blog

“The experience being interviewed by celebrity “Big George” of the BBC radio in London was really a memorable and fun one! George had read a blog article of mine which he seemed to really enjoy. “Big George” Webley seemed like a cool guy and had a wild wit and great sense of humor. He asked me a couple hilarious questions during the interview which got me laughing. After this episode, I only talked with him 1 other time. Sadely, “Big George” passed away on May 7 2011, at the young age of 53. To the power of the internet and the reach of the Ohio Family Law Blog, I say thank you for creating this blast from the past! May you rest in peace “Big George”.

England is trying to catch up with Ohio and the rest of the United States when it comes to Family Law.  Until a landmark case last week, the courts in England and Wales put little, if any, weight on the terms of prenuptial agreements.  … View Full Article → “Blast From The Past: Hitting The Airwaves With “Big George” On The BBC”

Same-Sex Marriage Alert: U.S. Supreme Court Ruling on Birth Certificates

lincoln memorial in rainbow colors

Supreme Court Rules States May Not Treat Same-Sex Marriage Couples Differently From Others When Issuing Birth Certificates

On Monday, June 26, 2017, the United States Supreme Court reversed a decision from the Arkansas Supreme Court. The decision that was just overruled by the United States Supreme Court was monumental in that the Supreme Court reaffirmed its 2015 decision, Obergefell v. Hodges, recognizing constitutional rights to same-sex marriage. The Supreme Court ruled that states may not treat married same-sex couples differently from others when issuing birth certificates. The case in question, Pavan v. Smith, concerns an Arkansas law that treated same-sex couples differently than opposite sex-couples.

In Pavan, married lesbian couple had jointly planned their child’s conception by means of an anonymous sperm donor. However, when the parents went to list both moms as parents on the birth certificate, Arkansas state officials would only allow the biological mom to place her name on the certificate.… View Full Article → “Same-Sex Marriage Alert: U.S. Supreme Court Ruling on Birth Certificates”

Blast From The Past: The Red Ones Are the Best!

Blast from the past 13 years Ohio Family Law Blog

“The Ohio Family Law Blog has continuously been posting information about divorce and family law topics since 2007. We are frequently asked about articles in our archives. So that got us thinking, perhaps it might be fun to occasionally repost a “Blast From The Past”…SO, IT’S BLAST OFF TIME!

It seemed appropriate that I should write something for the family law blog geared towards the “Birthday of America”. In the past, I liked to reflect upon the holidays and tried to find some correlation between the specific holiday and my family law practice. Not always an easy task without becoming repetitive in discussing how to celebrate the day in the aftermath of a traumatic divorce.  So, as I pondered possible themes, I considered offering a bit of a twist on “Independence Day”. Or, perhaps, writing a patriotic post about America and the importance of family values.  In the end, I decided to go in a different direction.… View Full Article → “Blast From The Past: The Red Ones Are the Best!”

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