Visitation: Stepparents are Parents Too!

Stepparents are Parents too! Stepparent Visitation!

I always like to talk about the connotations associated with the words we use every day. Whether they are positive or negative, the words we use can have a grave impact upon a person’s feelings. One such word that comes to mind is stepmom or stepdad. Generally, feelings associated with the word step anything can result in feelings of negativity. I am sure everyone remembers Cinderella’s EVIL stepmother! Being a stepchild, I understand why those feelings can sometimes arise. Blended families come with many obstacles. However, I also know why they can also be associated with very positive connotations and because of that I thank God every day for blessing me with my stepfather, my dad. In the spirit of Father’s Day, I would like to talk about laws in Ohio that have resulted in stepparent visitation and sometimes even custody!

Visitation and Ohio Law

Ohio has codified within its laws three (3) ways to seek visitation with a minor child.… View Full Article → “Visitation: Stepparents are Parents Too!”

Parenting Time Calculator

A Helpful Parenting Time Calculator Tool for Family Law Attorneys

Any family law attorney, judge, or child custody expert will tell us that, except in unusual circumstances, during and following a divorce it is desirable for a child to have a strong relationship with both parents. It follows that the less contentious the divorce the better off are the children, the parents, and the department in charge of child support issues. Indeed, custody and support issues can unravel what might otherwise be an amicable divorce. One of the major problems that may arise after divorce is custodial interference with visitation. Many jurisdictions, including Ohio, have held that unreasonable interference with the noncustodial parent’s parental rights can even be grounds for a change of custody.

According to Susan D. Stewart, in her study published in the Journal of Marriage and Family in October, 2010, one third of all children in the United States have a nonresident parent.… View Full Article → “Parenting Time Calculator”

Parenting Time Suspension for Bad Behavior

Parenting Time Suspension can occur when a parent’s bad behavior gets in the way of the child’s best interest.

“Children must be considered in a divorce, considered valuable pawns in the nasty legal and financial contest that is about to ensue.” – P.J. O’Rourke

The truthfulness of O’Rourke’s statement cannot be more evident. Children going through a divorce are often caught in the middle of two parents at war. They can be fighting about money, parenting time, adultery committed, or even about why the toilet seat was once again left up. Although this fighting in and of itself can be a traumatic time for a child caught in the middle, the worst of the fighting results when a parent uses his or her children to hurt the other parent.

In a case in Montgomery County, Ohio, recently affirmed by the Second District Court of Appeals, the Court decided that it was time to show parents that bad behavior can result in a suspension of parenting time.… View Full Article → “Parenting Time Suspension for Bad Behavior”

The “New” and “Improved” Montgomery County Standard Order of Parenting Time

On July 1, 2011, the Domestic Relations Court of Montgomery County, Ohio adopted a “new” and “revised” Standard Order of Parenting Time, previously known as the Standard Order of Visitation.  Over the years, our elected officials in Columbus, Ohio have chosen to “rename” terms frequently used in the Domestic Relations Court.  The phrase “parenting time” replaces the older word of “visitation”, and, the term “parental rights and responsibilities” replaces the older word of “custody”.  It should be noted that with each change in legislation, the older or former terms have been replaced with longer names or phrases!

I have practiced Family Law for over twenty years.  Until recently, the Standard Order of Parenting Time, fka Standard Order of Visitation, provided for the non-custodial or non-residential parent to have five (5) weeks (35 days) of visitation or parenting time each summer.  Additionally, if the non-residential parent submitted to the custodial parent his/her request for summer parenting time between the dates of March 1 and April 1 of each year, the non-custodial parent was to have preference as to the summer parenting time schedule.… View Full Article → “The “New” and “Improved” Montgomery County Standard Order of Parenting Time”

Registering an Out-of-State Decree when a Parent and Minor Children have Relocated to Ohio

In the days of my parents who were born in the 1920’s, persons typically lived in the small towns or cities in which they were born and remained there carrying on the family farms or businesses or following the trades or professions of their parents.  In today’s society, people are much more mobile.  Persons move to find employment, attend college, or due to military assignments.  Many individuals who have had their marriage terminated in another State may find themselves now living in the Miami Valley area.  Some of those persons are parents of minor children.  So, if Post-Decree problems occur, to which Court do they go for help or assistance?

I should explain that “Post-Decree” refers to situations which occur after the parties’ Final Judgment and Decree of Divorce or after the parties’ Decree of Dissolution of Marriage have been filed.  So, the parties’ marriage has ended but issues may continue regarding spousal support, child support, parenting time schedules, transportation, etc.   … View Full Article → “Registering an Out-of-State Decree when a Parent and Minor Children have Relocated to Ohio”

Don’t Create Halloween Horrors for your Child!

For many kids, Halloween is one of the most important holidays of the year. The child of divorce is faced with choices and concerns. Who will take me treat-or-treating? Who will get my costume and dress me? Where will I trick-or-treat?

Then, of course, there logistical problems for the divorced parents. By addressing these issues in advance, parents can reduce stress and not distract from the child’s positive experience. These include:

  • In two-parent homes, often one parent gives out candy while the other parent takes the child trick-or-treating. Now there is only one parent in the home. Do you stay and give out candy or do you go with your child?
  • Parents often do not specify in their divorce decree who “gets” the child on October 31. If it falls on a visitation day, some children feel disappointed that they don’t get to trick-or-treat in their own neighborhood with their friends.
… View Full Article → “Don’t Create Halloween Horrors for your Child!”

Back To School So Soon?

The lazy, hazy days of summer will soon be gone, only to be replaced with the frenetic days of a new school year.  Despite the grumblings from your children about returning to school, most children are actually ready to resume the routine that school brings. The beginning of the school year is exciting. Your child will be happy to see friends and to meet their teachers, but it can also be a time of uncertainty and worry. They might be concerned about how they will do this year in school, if their friends are in their classes, or if they will like their teachers.  It can be especially difficult for those students attending a brand new school, or those who are transitioning from elementary to middle school, or middle to high school.

As parents, we want to be sure to help our children get off to a smooth start to the new school year.… View Full Article → “Back To School So Soon?”

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