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

By Anne Shale   |   September 3rd, 2011

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”

Extremely Obese Children…Should Their Parents Lose Custody?

By John C. Meehling   |   August 27th, 2011

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?”

The Mediation Process in Montgomery County Domestic Relations Court

By Robert "Chip" Mues   |   August 20th, 2011

Alternative dispute resolution can be a wonderful tool in divorce cases. Montgomery County’s Domestic Relations Court, along with many other divorce Courts, have adopted mediation conferences as a voluntary or, in some cases, mandatory prerequisite to trial. I am focusing this article on how that process works in Montgomery County.

So one might ask, “What is mediation?” In this context it is essentially a way of resolving disputes between the husband and wife and to hopefully eliminate issues in the divorce case.  In Montgomery County there are two neutral mediators (facilitators) involved in the session(s). One is a lawyer who has experience as a divorce court magistrate and the other has a family services social worker background.  They work to assist the parties to negotiate their own settlement. They can let the couple know what the laws are, but not give legal advice, and try to guide them through the complicated process in a way that helps them find solutions.… View Full Article → “The Mediation Process in Montgomery County Domestic Relations Court”

A Child’s College Education – Often a Hidden Cost in Divorce!

By Robert "Chip" Mues   |   August 13th, 2011

A divorce often leads to many changes within a family. Recognizing this fact is extremely important, especially when children are involved. Divorcing parents should ask themselves each step of the way what they can do to minimize the negative impact on their children. Parental funding of a child’s college education often becomes a casualty in the process.

A recent study published in the Journal of Family Issues which was led by Ruth N. Lopez Turley, an associate professor of sociology at Rice University, confirms a major disadvantage for children from divorced families: Kids whose birth parents divorce get less financial help with college costs, even if their parents remarry, the study finds.

Parents who stay married to each other meet 77% of the tuition costs and contribute about 8% of their income to their child’s college expenses, according to the study of 2400 undergraduate students. Not surprisingly, especially to most divorce lawyers, parents’ contributions to college costs fall after a divorce.… View Full Article → “A Child’s College Education – Often a Hidden Cost in Divorce!”

Whose Kids Are These?

By Guest Contributor Donna F. Ferber, LPC, LADC   |   August 6th, 2011

Even young children are aware that they are part of both parents. We tell them the story of our courtship, our wedding and of their birth. We show them baby pictures. “You have Daddy’s smile and you have Mommy’s eyes,” we tell them. This is one way children feel they are part of a family. It helps our children develop a sense of identity and belonging. As children grow older, we begin to identify more traits in them that remind us of ourselves. “You are artistic like your dad” or “you have your mom’s wit” are further ways we continue to build connection with our kids.

But when a marriage starts to deteriorate, parents sometimes focus only on the worst traits of their spouse and now flinch at any similarity they may see in their children. When anger and stress collide, parents find themselves comparing their children in a negative way to “you’re no good lazy cheating father” or “that crazy drunk of a mother.”… View Full Article → “Whose Kids Are These?”

Ohio’s Next of Kin Notification Program

By John C. Meehling   |   July 30th, 2011

In September of 2008, Ohio became one of the first states to make a Next of Kin registration program available to its residents.  The Ohio state legislature established the program in response to situations where police and emergency personnel had been unable to locate or contact family members of people who had been fatally injured.  Several accidents occurred where people had been severely injured but not killed instantly.  Tragically, their relatives were unable to spend time with their injured relatives during their last hours due to the difficulty police had in identifying exactly who to notify.

The law specifies that anyone who has a valid Ohio driver’s license, temporary instruction permit, or non-driver identification card may voluntarily participate in the program.  The program allows an individual to provide the name and contact information of a person who they wish to be notified in the event the individual is involved in a crash or emergency and is otherwise unable to communicate with the contact person. … View Full Article → “Ohio’s Next of Kin Notification Program”

Japan Announces its “Intention” to Join the Hague Convention

By Anne Shale   |   July 23rd, 2011

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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