Custody Issues

Blast From The Past: The Role and Functions of a Guardian ad Litem in the State of Ohio

Blast from the past 13 years Ohio Family Law Blog

What exactly is the role of a Guardian ad Litem In the State Of Ohio?

PUBLISHER’S NOTE: “Over the years this GAL post has received a lot of interest. Confusion is commonplace for parents about the purpose of a Guardian ad Litem and how the process works. Let us know if you have any GAL issues in Dayton or Southwest Ohio.”

What is a Guardian ad Litem?

A Guardian ad Litem (“GAL”) is usually a lawyer appointed by the Court to appear in a lawsuit on behalf of an incompetent or minor party. In Juvenile Court cases and Domestic Relations cases, the Guardian ad Litem is appointed on behalf of a minor child or minor children in custody, visitation, and/or other disputed child-related issues.

What does the Guardian ad Litem do?

The Guardian ad Litem is appointed by the Court to undertake an investigation of custody issues, visitation issues, and other parenting issues before the Court.… View Full Article → “Blast From The Past: The Role and Functions of a Guardian ad Litem in the State of Ohio”

Blast From The Past: Shared Parenting Misconceptions in Ohio

PUBLISHER’S COMMENT: “Confusion still continues about the distinctions between sole custody and shared parenting. An initial consultation typically includes a discussion of this topic if the couple has kids. While shared parenting makes sense in many cases, it sure doesn’t if there has been domestic violence or the parties can’t communicate effectively.”

Previously my colleague, Anne Shale, posted a very informative article laying out the legal distinctions between sole legal custody and shared parenting in Ohio. Here is the link to her article. Even though it was posted 3 years ago, the information is still correct. Nonetheless, I think it would be helpful to expand, clarify and shoot down several shared parenting myths.

Shared parenting requires an equal parenting time allocation.

Not true. The hallmark of shared parenting is that both mother and father stand on the same legal footing with respect to custody. Each are equal legal custodians of their child(ren).… View Full Article → “Blast From The Past: Shared Parenting Misconceptions in Ohio”

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

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

The 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.… View Full Article → “Another Same-Sex Parenting Rights Issue Upheld by the U.S. Supreme Court”

Blast From The Past: Fathers are Indeed Important!

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!”

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

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

Kentucky 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”.… View Full Article → “Shared Parenting: Kentucky Governor Signs New Law, Is Ohio Behind the Times?”

Child Custody Evaluations: Helpful or Harmful?

Child Custody Evaluations Tool Under Fire

Divorces can be messy – potentially even more so when children are involved. Emotions run high and often cause rational thinking and behavior to be thrown out the window. Because of this, the court system has different “tools” to help it determine what is in the best interest of the children when custody is at stake.

One such tool is a child custody evaluation. These evaluations are typically conducted by a mental health provider who give the court a recommendation regarding where the children should live, parenting time, and basically an overall picture of the family dynamic as it relates to the custody case.

In theory, these evaluations should help both the parties involved and the court. However, a recent study seems to show otherwise.

In an article published in Court Review, Dr. Ira Daniel Turkat, a licensed psychologist and family law litigation specialist, conducted what he claims to be the first known quantitative study on the detrimental effects of child custody evaluations.… View Full Article → “Child Custody Evaluations: Helpful or Harmful?”

Artificial Insemination: What Happens When Same-Sex Couples Divorce?

How Ohio’s Artificial Insemination Statute Will Impact Same-Sex Couples

PUBLISHER’S NOTE: I want to thank our legal extern, Matthew Kimmel, for all his assistance in researching and writing today’s blog post. Excellent job Matt!

Tennessee made news recently in regards to a controversial court ruling concerning same-sex couples. In the case, one partner of a same sex couple became pregnant through artificial insemination with the intent that both partners would raise the child. However, after the child was born and the couple divorced, things got tricky. The court ruled that in a situation like this, the parent who bears no biological relationship with the child has no contractual relationship with the child. Thus, they will not be liable for child support, but they also will not have a say over the upbringing of the child. A parent in this situation may be granted visitation rights, but will not bear any sort of legal rights over the child.… View Full Article → “Artificial Insemination: What Happens When Same-Sex Couples Divorce?”

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