Custody Issues

Custody Case Change – The Requirements

What Legal Requirements Must Be Established For A Custody Case Change In Ohio?

This is a follow-up article to guest contributor Judianne Cochran’s post of March 1, 2014 titled “Custody Issues: Post-Decree Modification in Ohio”.

In that article Judi focused primarily on the importance of hiring a seasoned family law lawyer that frequently litigates post-decree custody matters. In this article I want to discuss the legal requirements that must be provided to be successful in a change of custody case.

If you are looking to modify your divorce decree, one of the first major obstacles you will face is determining whether or not you have met the standard for a “change of circumstances” which is required before any modification can occur. There are a few resources we can look to that provide insight as to what this amounts to, including case law and statutes.

Statute:

Ohio Revised Code Section 3109.04 (E)(1)(a) gives us a quick glimpse and some stern words on what it takes to meet the “change of circumstances” required.… View Full Article → “Custody Case Change – The Requirements”

Custody Issues: Post-Decree Modification in Ohio

Several Things To Know If You File To Modify Your Post-Decree Custody Order

Hire A Qualified Family Law Attorney To Present And Argue Your Custody Case

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.

There are several issues that you need to address if you have decided that you need to modify your original custody order. The first is whether your case meets the necessary criteria for modification – the primary of which is a “change of circumstance”. One thing you must understand is that this does NOT include the myth that at a certain age the child can make a choice – this is not supported by law. A child’s wishes may be considered but are not valid grounds to modify a custody order. … View Full Article → “Custody Issues: Post-Decree Modification in Ohio”

Rape Aftermath: Child Custody And Control

Can a Rapist Obtain Custody and Visitation of a Child Conceived Through Rape?

Very few states have statutes limiting the ability of a man who fathered a child through rape from asserting his parental rights. Rape and its aftermath is a serious and significant problem faced by our country. Though many rapes go unreported, it is estimated that roughly 25,000 women become pregnant through rape each year. A significant amount of women who become pregnant through rape each year choose to raise their children. Despite this, surprisingly little statutory protection exist for these women who chose to raise their children.

Statutory Protections Limited In Rape Parental Rights

Every state imposes criminal sanctions for rape. However, only sixteen states have promulgated statutes which aid women who became pregnant through rape and decided to raise their children. A man who fathers a child through rape has the same rights as any other father with respect to their children.… View Full Article → “Rape Aftermath: Child Custody And Control”

Custody Issues: Finding a “Qualified” Therapist

Tips On How To Select The Right Therapist In Serious Custody Cases

I have been asked repeatedly what is meant by “qualified” when selecting a therapist to deal with issues related to contentious custody situations. Too often much valuable time is wasted on counselors who have no experience dealing with the ramifications of custodial interference, parental alienating behaviors and repeated false allegations. Too many people just look at the words “family counseling” and don’t go the extra interview step to discover what experience the counselor has in custody issues and whether the person has even been qualified to testify in court. Often the random selection of therapists does more harm than good and the client finds himself back at square one after the therapist finally admits the situation is outside his/her abilities and expertise.

Now that DSM-5 has finally included these behaviors, the effect on the parent-child relationship and the devastating psychological effects on the children, it is extremely important to select well skilled and qualified therapists. … View Full Article → “Custody Issues: Finding a “Qualified” Therapist”

Visitation Law in Ohio: Custody and Non-Parental

Supreme Court Custody Case Update: Visitation by a Non-Parent

The Law Regarding Non-Parent Visitation

One of the most contentious issues that may arise in custody litigation is whether a non-parent has the right to exercise visitation with a particular child. Generally speaking, parents are imbued with an absolute right to determine who their child shall visit with under the Due Process Clause of the United States Constitution. This right was most clearly articulated in the United States Supreme Court’s seminal decision of Troxel v. Granville (2000), wherein the Court stated “so long as a parent adequately cares for his or her children (i.e., is fit), there will normally be no reason for the State to inject itself into the private realm of the family to further question the ability of that parent to make the best decisions concerning the rearing of that parent’s children.”

However, notwithstanding some of Troxel’s broad and sweeping language regarding parental control over matters of visitation, there have been numerous situations in which Ohio Courts have granted non-parents visitation with children over the objection of the parents. … View Full Article → “Visitation Law in Ohio: Custody and Non-Parental”

International Custody: A Hague Convention Case Dispute

Supreme Court Renders Decision in International Custody Case, Chafin v. Chafin

The international custody case of Chafin v. Chafin was previously discussed in our Ohio Family Law Blog article of October 6, 2012. (“Child Custody Dispute to be Decided By the U.S. Supreme Court”) The Father in this case is a citizen of the United States and an active duty member of the United States Army. The Mother is a citizen of Scotland and she presently has custody of the parties’ minor daughter, Eris Chafin. Mother and Daughter have been living in Scotland since October 2011.

The procedural/factual history of this international custody case is as follows:

The parties married in March 2006 while Sgt. Chafin was stationed in Germany. Eris Chafin was born the following year in 2007. While Sgt. Chafin was deployed to Afghanistan for 15 months in 2007-2008, Mother moved with the minor child to her native Scotland.

… View Full Article →

Guardian Ad Litem: The Difference Between Winning And Losing

What To Do When The Guardian Ad Litem Is Not Doing A Thorough Job

Those that have been involved in custody litigation are probably aware of the important role that a Guardian ad Litem (GAL) can play in the outcome. In fact, when both parties otherwise appear suitable, the GAL’s report can sometimes be the tie-breaker for the Judge or Magistrate hearing the case. The input from the Guardian ad Litem is usually taken very seriously by the Court due to the fact it is thought to come from someone that is in a neutral position, has only the best interests of the children in mind, and has almost unfettered access to relevant information, such as the home life of both parents, the children’s school teachers and counselors as well as other important persons. In short, having a favorable Guardian ad Litem report can be the difference between winning and losing.… View Full Article → “Guardian Ad Litem: The Difference Between Winning And Losing”

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