Blast From The Past: In Camera Interviews of Children in Divorce Court

Child caught between divorcing parents during custody dispute

An in camera interview in child custody cases allows a judge to privately speak with a child to better understand their needs without parental pressure.

In Camera Interview during Child Custody Cases: What Judges Are Really Listening for in These Private Talks

What is an in camera interview? The phrase “in camera” is a Latin term defined in Black’s Law Dictionary as: “In chambers; in private.”  The interview does not involve a camera or a videotape at all!  If a party is asking for the Court to have an in camera interview of a minor child, the request is for the Judge or Magistrate to interview the minor child privately with neither parent or his/her attorney being present.  An Appellate Court in Michigan said it very well years ago . . .

“A child custody determination is much more difficult and subtle than an arithmetical computation of factors.  It is one of the most demanding undertakings of a trial judge, one in which he must not only listen to what is said to him and observe all that happens before him, but a task requiring him to discern and feel the climate and chemistry of the relationships between children and parents.  … View Full Article → “Blast From The Past: In Camera Interviews of Children in Divorce Court”

If You are Ending Your Marriage and have Children, why a Collaborative Divorce Might Be the Best Route to Go!

Parents discussing a collaborative divorce with children in mind

If you are ending your marriage and have children, a collaborative divorce with children may be the best way to minimize stress and conflict

Terminating a marriage is always difficult from many perspectives. The typical notion of “winning” the battle deserves reflection. What is the real end goal? Is it to end up with more of the assets? Is it, paying less spousal support or child support? Or is it to arrive at a “fair” result while trying your best to maintain healthy relationships on your family members while reducing emotional stress all around? “Uncoupling” is never easy. Research shows that it can be especially difficult for children. This is why many parents are turning to a collaborative divorce with children, as it prioritizes their well-being while minimizing conflict.

As a result of my 40+ years of practicing divorce litigation, I would submit that utilizing a more collaborative approach to unwinding a marriage can greatly improve the emotional health of the parties, especially when kids are involved.… View Full Article → “If You are Ending Your Marriage and have Children, why a Collaborative Divorce Might Be the Best Route to Go!”

Blast From The Past: School Year Preparations For Child And Parent

Parents discussing back to school tips for divorced parents to help their child have a successful school year.

PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on August 9, 2014! These back to school tips for divorced parents remain relevant and helpful. 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!

How To Prepare For A Successful School Experience – 10 Practical Back to School Tips for Divorced Parents

School is right around the corner for many children and their parents.  This time of the year, while always somewhat stressful for children, can bring even more anxious unknowns for a child when their parents are separated.  Regardless of your relationship with your former spouse, there are some essential back to school tips for divorced parents to ensure your children, and their teachers, are prepared for the coming year.

The first thing to remember is even if you’re not on good terms with your spouse, you must respect them as a mother and a father.… View Full Article → “Blast From The Past: School Year Preparations For Child And Parent”

Blast From The Past: How to Tell Your Children About Your Filing for Divorce

divorce children filing

PUBLISHER’S UPDATE: Here is one of my favorites posts on how to tell your children about your filing for divorce, from back on October 15th, 2022! 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!

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Filing For Divorce? Break The News To Your Children With These Recommendations

Having been a divorce lawyer for over 40 years, I am asked this question frequently. I always appreciate the question. It shows appropriate concern and insight about the importance of handling this matter correctly.

My advice is to spend time reading materials from counselors and psychologists on the subject more qualified to address it. There are a ton of resources available online or books on the topic. Planning ahead is important – don’t just drop this “bomb” in an off-hand nonthought-out manner.

Here are some suggestions the professionals often recommend:
  1. Both Parents Tell the Kids Together

    While this may not be possible in many situations, it certainly is usually the best approach if you and your spouse can present a civil “united front”.

… View Full Article → “Blast From The Past: How to Tell Your Children About Your Filing for Divorce”

In Ohio, A Child Can Pick Which Parent to Live With in a Divorce – True or False?

divorce parent
ANSWER: The answer is FALSE.

History of the Ohio Child Election Law

Prior to 1946, Ohio General Code §8033 made it mandatory that a child ten years of age or older “must” be allowed to choose which parent they preferred to live with, and the court would have to follow that choice unless the court deemed that parent “unfit.” Venable v. Venable, 445 N.E.2d 1125, 1130 (Ohio Ct. App. July 9, 1981). Even as recently as 1989, the Ohio Revised Code §3109 stated that children twelve years of age or older could choose which parent to live with. Bawidamann v. Bawdiamann, 580 N.E.2d 15, 17 (Ohio Ct. App. Aug. 4, 1989).

However, in 1996 the Ohio legislature amended §3109.04 and eliminated the ability for a child to choose the parent to live with. Butland v. Butland, No. 95APF09-1151, 1996 WL 362038, at *3 (Ohio Ct. App. June 27, 1996).… View Full Article → “In Ohio, A Child Can Pick Which Parent to Live With in a Divorce – True or False?”

Growing Up a Child of Divorce

children of divorce

Children of Divorce should not be taken for granted!

PUBLISHER’S NOTE:
We were fortunate to have third year University of Dayton law student Shane McDonough extern with our firm this semester. Shane worked with us on a lot of divorce cases during his externship. We discussed his parents having divorced when he was a young boy and some of the effects. This blog he wrote about his childhood is emotional and very powerful! Hopefully, his sharing it will help both divorcing parents and other children of divorce to better appreciate how divorce can impact their children’s lives. We will miss you Shane! Best of success in your legal career. Stay in touch!

Negative Actions of Divorced Parents Can Impact Children of Divorce

If there is one positive aspect of my parents’ divorce, it is that I was too young to understand what exactly was happening. I was around two and a half years old when my parents were divorced.… View Full Article → “Growing Up a Child of Divorce”

How to Tell Your Children About Your Filing for Divorce

divorce children filing

Filing For Divorce? Break The News To Your Children With These Recommendations

Having been a divorce lawyer for over 40 years, I am asked this question frequently. I always appreciate the question. It shows appropriate concern and insight about the importance of handling this matter correctly.

My advice is to spend time reading materials from counselors and psychologists on the subject more qualified to address it. There are a ton of resources available online or books on the topic. Planning ahead is important – don’t just drop this “bomb” in an off-hand nonthought-out manner.

Here are some suggestions the professionals often recommend:
  1. Both Parents Tell the Kids Together

    While this may not be possible in many situations, it certainly is usually the best approach if you and your spouse can present a civil “united front”. That will hopefully show your children that both parents will continue to be in their lives going forward.

… View Full Article → “How to Tell Your Children About Your Filing for Divorce”
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