Viability: The Beginning of Human Life

By John C. Meehling   |   November 26th, 2011

The legal concept of viability, or exactly when it is that life begins, is a hot topic both in and out of the courtroom.  In August of 2008, the presidential candidates were attending a forum at the Saddleback Church in Lake Forest, California, when the moderator and church pastor, Rev. Rick Warren, asked the candidates, “At what point does a baby get human rights?”  You may remember that then Senator Barack Obama replied to Warren by saying that determining when life begins, is “above his pay grade.”  Such an “artful dodge” is no longer acceptable in more and more forums, especially in the courtroom, because determining when to grant an unborn fetus human rights can have profound impact on both criminal and civil litigation.

On one end of the scale is thinking similar to that stated by the American Civil Liberties Union (ACLU) and pro-choice advocates in an article titled, “What’s Wrong with Fetal Rights”. … View Full Article → “Viability: The Beginning of Human Life”

Jurisdiction: A Case Study on Minimum Contacts

By Jessica M. Shively   |   November 19th, 2011
Jurisdiction – Divorce Wars Between Courts

Jurisdiction is a common question in many cases. In Dayton, Ohio, the question arises in divorce or dissolution cases when married parties spend their entire married life as residents of one state; and when the marriage is in decline, one of the parties moves to another state and then seeks to have his/her divorce or dissolution in the state in which the party moved.

This is not often problematic because the question of whether or not the new state has jurisdiction (the right, power, or authority to administer justice by hearing and determining controversies) is never raised. Often times, the spouse who stayed in the state where the marital relationship existed does not object to jurisdiction. The spouse in the marital state, generally the defendant, will file his or her Answer, and the case will proceed as any divorce or dissolution case. However, there are certain times where this is just not the case.… View Full Article → “Jurisdiction: A Case Study on Minimum Contacts”

The Reasons for Utilizing Restraining Orders in Ohio Divorce Actions

By Anne Shale   |   November 12th, 2011
The Case for Ohio Restraining Orders

In Ohio, restraining orders are not available in dissolution proceedings but only in divorce, legal separation and annulment actions. Restraining orders have become somewhat “boilerplate” in as much as they are commonplace and routinely granted on an “ex parte” basis at the time the divorce action is filed.   A “restraining order” is also executed by a Judge and issued by a Court restraining a party involved in a divorce proceeding from certain actions or activities during the divorce process. The general principle for restraining orders is to maintain the status quo of affairs at the time a divorce action is filed and to avoid “retaliatory” actions by a spouse.

Restraining orders can be obtained by either party without the necessity of an in-Court hearing or proceeding.  This means that the restraining orders are “ex parte” in nature and are ordered without the other party being heard on the issue. … View Full Article → “The Reasons for Utilizing Restraining Orders in Ohio Divorce Actions”

Thinking About Staying In Your Marriage For The Benefit Of The Kids?

By Robert "Chip" Mues   |   November 5th, 2011

Over the years Gregory Ramey, Ph.D., who is a local child psychologist and vice president for outpatient services at the Children’s Medical Center of Dayton, has allowed us to republish many of his “Family Wise” articles from the Dayton Daily News.  He included an interesting question and answer in his column published in the Dayton Daily News on Sunday, August 28, 2011, that caught my attention.  Here is the question and Dr. Ramey’s answer:

Q:

My parents fight all the time.  I know they are only staying together two more years until I leave for college.  I hate being at home.  Should I tell them to get a divorce?

A:

Whether your parents stay married is their decision, not yours.  It’s inappropriate for you tell them to get a divorce, but you should discuss the impact that the family turmoil is having on you.  Don’t pick sides, offer advice or threaten them in any way.  … View Full Article → “Thinking About Staying In Your Marriage For The Benefit Of The Kids?”

Cohabitation: The Greatest Threat to Your Children’s Future

By John C. Meehling   |   October 29th, 2011

Think about this statement: “The rise of cohabitating households with children (where parents aren’t married, just living together) is the largest unrecognized threat to the quality and stability of children’s lives in today’s families.”  That’s pretty strong stuff, but it’s exactly what a new research study concludes.  While divorce has been the leading cause of the breakdown of the family and marriage for the last 40 years, the study shows that divorce is no longer the leading cause.  The study shows that cohabitation is now the greatest threat to the welfare of children in the United States!

The August 2011 study was sponsored by the Center on Children and Families at Brookings and is entitled “The Marginalization of Marriage in Middle America”. It was written jointly by two family scholars, one a conservative (W. Bradford Wilcox, director of the National Marriage Project) and one a liberal (Andrew J. Cherlin, professor at John Hopkins University).… View Full Article → “Cohabitation: The Greatest Threat to Your Children’s Future”

Who Gets to Keep the Engagement Ring?

By Anne Shale   |   October 15th, 2011

The topic of this Family Blog Article focuses upon what happens to the engagement ring in the event of a “broken engagement”.  Most of the cases which are cited below provide the following information to the reader:  An engagement ring is a conditional gift given in contemplation of marriage; and, therefore, an engagement ring is not an absolute gift.

I will provide to the reader a synopsis of several cases in Ohio.  In all scenarios below, the Donor is the male person gifting the engagement ring and the Donee is the female person receiving the engagement ring.

Scenario #1:

Facts:  In August 1980, while still in college, Donor gave a diamond engagement ring to Donee.  Both parties then returned to their respective colleges.  The Donor was attending college in Canada and the Donee was attending college in Athens, Ohio.  In May 1981, the Donor returned to Ohio and demanded the return of the engagement ring.  … View Full Article → “Who Gets to Keep the Engagement Ring?”

Can My Child Choose Which Parent to Live With?

By Robert "Chip" Mues   |   October 8th, 2011

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?”

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