Child Custody Dispute to be Decided By the U.S. Supreme Court

Active Military Members Fight For International Child Custody In The United States Courts

Jeffrey Lee Chafin v. Lynne Hales Chafin

Docket 11-1347

Facts of the Case:

  1. Jeffrey Lee Chafin, a citizen of the United States and an active duty member of the United States Army, is the biological Father of Eris Chafin, now five (5) years of age.
  2. Lynne Hales Chafin is a citizen of Scotland and the biological Mother of Eris Chafin.
  3. The parties met in 2005 while Father was stationed in Germany and married in March 2006 in the country of Scotland.  Eris Chafin was born in 2007 while Father was still stationed in Germany.  Eris is considered to have dual citizenship as a citizen of the United States and as a citizen of Scotland.
  4. Sgt. Chafin was deployed to Afghanistan for fifteen (15) months in 2007 and 2008.  During that period of time, Mother and the minor child lived in her native country, Scotland.  
… View Full Article → “Child Custody Dispute to be Decided By the U.S. Supreme Court”

Shared Parenting Misconceptions in Ohio

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).  Customarily, there is a provision in the plan that specifies whether mother or father’s city of residence is designated for schooling purposes. But this designation does not carry with it any greater custodial rights.  Under a shared parenting arrangement, the actual parenting time allocation can vary anywhere from a 50/50 split to just a few overnights per month for a parent.… View Full Article → “Shared Parenting Misconceptions in Ohio”

Child Custody: Parents versus Grandparents

An Overview Of The Child Custody Case Timothy Cantrell v. Erica Trinkle (2011-CA-17)

The Juvenile Court of Clark County, Ohio awarded custody of the minor child (“CC”) to the paternal grandparents. Mother appealed the decision.

Court of Appeals Holding:

The Juvenile Court’s finding that the Mother was an “unsuitable parent” was against the manifest weight of the evidence.

Parties to the action:

Timothy Cantrell:  Father of CC.
Erica Trinkle: Mother of CC.
Tracy and Randy Wood: Paternal grandparents of CC.

Facts of the child custody case:

Timothy Cantrell (“Father”) and Erica Trinkle (“Mother”) had a child, CC, out of wedlock in September 2007.  In March 2008, Mother’s Father was providing child care for CC while Mother was working.  An automobile accident occurred and the child was not injured. Allegations were made that the maternal Grandfather was intoxicated at the time of the accident.  That allegation was not substantiated. Following the automobile accident, a referral was made to the Clark County Children’s Services Board (“CSB”).… View Full Article → “Child Custody: Parents versus Grandparents”

Custody and Smoking Issues

Custody and Smoking Issues

If you smoke cigarettes, there’s a good chance that at some time in your past you’ve made a pact with a friend who also smoked that the two of you were going to try to quit smoking together, but you just couldn’t hold up your end of the deal.  In another attempt to quit smoking, maybe you’ve tried one of those “patches” but that didn’t do the trick either.  Perhaps you’ve seen those controversial commercials on T.V. where disfigured long-time smokers describe the major health problems that smoking has caused to their bodies, but today you remain a smoker.  Well, if you’re still a smoker, and you’ve tried repeatedly to give up the habit, the Family Law attorneys at Holzfaster, Cecil, McKnight & Mues may finally be able to provide you with the extra motivation you need to quit, especially if you are in a Custody dispute! … View Full Article → “Custody and Smoking Issues”

Can My Child Choose Which Parent to Live With?

Once upon a time in Ohio the answer was “yes”. But not any longer. There is much misinformation on the internet about this subject. So, I thought that a review of the child custody laws over the years might be both helpful and interesting. There has been movement away over the years from allowing a child to choose in a divorce which parent to live with. These past “age of election” laws were seen as placing too much pressure on children.

Title VI, Chapter 3, Section 8033 from the Ohio Annotated General Code of 1910 allowed children as young as 10 years old to choose their custodial parent:

“…the court shall decide which one of them (parents) shall have the care, custody….except that, if such children be ten years of age or more, they must be allowed to choose which parent they prefer to live with, unless the parent so selected…be unfitted to take charge of such children…”

Chapter 3109 of the Ohio Revised Code was enacted on January 1, 1974, which states in part:

“(A) Upon hearing the testimony of either or both parents and in accordance with sections 3109.21 to 3109.36 of the Revised Code, the court shall decide which of them shall have the care, custody, and control of the children, taking into account that which would be for their best interest, except that any child twelve years of age or more may be allowed to choose the parent with whom the child is to live unless the court finds that the parents [ sic] so selected is unfitted to take charge or unless the court finds, with respect to a child twelve years of age or older, that it would not be in the best interests of the child to have the choice.”… View Full Article → “Can My Child Choose Which Parent to Live With?”

Extremely Obese Children…Should Their Parents Lose Custody?

When parents neglect or fail to provide even basic food, shelter, or medical care for their children, we would all agree that Children’s Services needs to step in and remove a child from their parent’s control.  If a child’s immediate safety and well being are at risk, we would argue that such a situation must not be allowed to continue.

But what about parents who allow their children to become extremely obese over time…obese to the point that a child’s health, or even life, is in danger?  If a child is experiencing medical problems because his or her parent allows them to eat to excess and maintain an inactive lifestyle, should Children’s Services remove a child from that environment?  Doesn’t the situation amount to a form of child abuse that authorities should act upon?  A recent commentary in one of the nation’s most distinguished medical journals, the Journal of the American Medical Association, argues “Yes!”,… View Full Article → “Extremely Obese Children…Should Their Parents Lose Custody?”

Japan Announces its “Intention” to Join the Hague Convention

After years of intense pressure from the United States government and governments of the European Union, the government of Japan recently announced its intention to join the Hague Convention relative to child custody.  At the present time, Japan is the only major industrialized country that has not signed the treaty.  And, Japan is the only member of the Group of Seven (G-7) leading nations which is not a party to the treaty.  The G-7 countries which have adopted the Hague Convention are France, Germany, Italy, the United Kingdom, Canada, and the United States.

The Hague Convention, also known as the Hague Convention on the Civil Aspects of International Child Abduction or the Hague Abduction Convention, was signed on October 25, 1980.  Its effective date was December 1, 1983.  As of April 2011, eighty four (84) states/countries are parties or signatories to the Convention.  The primary objective of the Convention is to preserve whatever status quo child custody arrangement existed immediately before an alleged wrongful removal or retention of a child or children.  … View Full Article → “Japan Announces its “Intention” to Join the Hague Convention”

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