It’s a misconception that when parents divorce it doesn’t affect adult children. It is important to remember that our children may be adults (and even may have experienced divorce themselves), but they are still children of both parents. In going through divorce, many parents “lean” on their children, making them into confidantes and, sometimes, surrogate spouses. Children, even adult children, are uncomfortable with details of their parents’ personal life. Confiding to a child about a parent’s indiscretions puts the child in a no-win situation. Many of the adult children I have spoken with say that they are shocked and angry by their parents’ behavior. But as the child, they continue to want the relationship. Giving adult children inappropriate information puts them in a quandary – how to have a relationship with a parent who may have behaved terribly in marriage without feeling disloyal to the other parent? Children are entitled to have a relationship with each parent that is not based on that parent’s performance as a spouse.… View Full Article → “Consider the Impact of Divorce on Your Adult Children”
Get Your Ex’s Consent To Travel Abroad With Your Minor Child, Avoid Feeling Like You Just Went Over Niagara Falls in a Barrel!
If you are planning a foreign vacation this summer, you had better plan ahead to determine all the necessary travel documents that you will need. This can be a much more complex issue than one might think. A good place to start is the U.S. Department of State International Travel website or you can call them at (877) 487-2778.
I do not intend to try to outline all the various documents required for each international destination, but rather to alert our readers of a requirement that is more obscure. In recent years, concerns about international child abductions have increased; and as a result, new travel restrictions have been imposed including border officials becoming much more cautious when they encounter a child traveling without both biological parents. Just having a child’s birth certificate is not enough. It is wise to bring a copy of the legal custody orders with you. But in addition, did you realize that a child departing the U.S.… View Full Article → “Get Your Ex’s Consent To Travel Abroad With Your Minor Child, Avoid Feeling Like You Just Went Over Niagara Falls in a Barrel!”
Who Gets the Disposable Paper Bed Sheets?
I vividly remember litigating a very contentious divorce case back in the early 1980’s. The Magistrate who heard the dispute still occasionally pokes fun at me about the case! Husband and Wife wanted to argue and fight over the division of a voluminous list of household goods acquired during the marriage, most having little or no value. Since then, when I was a young lawyer, I believe I have now been able to gain some valuable insight on litigation of this nature.
Typically, Judges and Magistrates do not want to litigate these type of disputes, partly due to the dollars in controversy, but more often because of the irrational positions and fervor of the contestants. Now, understand that I am referring to replaceable used household goods, furniture and other sundry items acquired during the marriage, not valuable jewelry, guns or coin collections, separate premarital property or items with sentimental value.
Going to Court and actually litigating virtually any family law issue these days is both a time consuming and an expensive process. … View Full Article → “Who Gets the Disposable Paper Bed Sheets?”
Child Abduction a Worry? Do You Have a Passport Block in Place?
For those of you that read our Ohio Family Law Blog regularly, you are familiar with problems that may arise when your children travel internationally. Specifically, one parent may abduct your child to his or her home country. Another issue may be that you send your child to visit his or her parent in another country and that parent refuses to allow the child to return. If the country that the child is in is a signatory to the Hague Convention, there are mechanisms that may assist the parent in obtaining the child’s return. This process, however, can be costly, time consuming, and produce uncertain results. So you ask, what steps can you take to protect your child from ever being placed in that position?
The United States Department of State has anticipated that very problem and has instituted a program that may alleviate some of those fears. The Children’s Passport Issuance Alert Program (“CPIAP”) was established to fight child abduction of any kind. … View Full Article → “Child Abduction a Worry? Do You Have a Passport Block in Place?”
Coping with Difficult Behavior
Throughout life, we sometimes encounter difficult people. We may argue with them, fall silent, comply or take distance. In a divorce, particularly an acrimonious one, difficult behaviors abound. No one is on their best behavior under this amount of stress. Figuring out how to cope with difficult behavior is a bit easier once you can identify why a person behaves in a certain way and what he/she hopes to accomplish. Here is a list of the most common behaviors that frustrate us all and suggestions for dealing with them:
The Bully – uses temper tantrums to overwhelm you; makes insulting and cutting remarks. Needs to feel superior and not lose control of the situation. Wants to get his/her own way.
*Stand up, listen, do not attack back, and take time-outs. Keep to the agenda.
The Complainer – gripes about everything incessantly. Needs to keep looking like a victim, does not take any responsibility, tries to bring others down to make her/himself look/feel better.… View Full Article → “Coping with Difficult Behavior”
Contempt Remedies for Non-Compliance with Court Orders
Factual Scenario: The Final Judgment and Decree of Divorce has finally been executed by the parties and has been filed with the Court. But, alas, Husband finds that Wife is not willing to pay what he is supposed to receive from her; and Wife is not forthcoming in dividing the U.S. Savings Bonds that were acquired during the parties’ marriage; and she is refusing to convey to Husband certain household goods and furnishings as directed in the Final Judgment and Decree of Divorce.
What remedies does Husband have?
The Court does not have a “police force” or “private investigators” to monitor compliance with Final Decrees or Agreed Entries. There simply is not enough money for the Court to examine whether or not former spouses are following the mandates of their Decrees. In order for the Court to learn about a party’s non-compliance, the former Husband must file a Motion asking the Court to find his Ex-wife in Contempt of Court for her willful failure to comply with certain terms of the Final Decree or Agreed Entry. … View Full Article → “Contempt Remedies for Non-Compliance with Court Orders”
How You Can Influence Your Own Happiness
Every Sunday I look forward to reading Dayton Psychologist, Gregory Ramey’s article in his Family Wise Column in the Dayton Daily News. A few weeks ago, he wrote a very interesting piece about “the pursuit of happiness” but not from the legal perspective as contemplated by our forefather’s in the Declaration of Independence, but from a psychological viewpoint.
“Happiness” can no doubt be elusive and its meaning can be very different to each of us. In some fashion or form, it is an issue that many clients either considering a divorce or having gone through a divorce must confront. Genetics and life events are no doubt factors, but according to Dr. Ramey, each of us can take steps which will have a major impact on our own “happiness”. I think that you might be a bit surprised by both his opinion and his candid common sense suggestions!
Happy People Enjoy an Upbeat Approach to Living
I really enjoyed watching Will Smith portray a determined dad in the “Pursuit of Happyness.”… View Full Article → “How You Can Influence Your Own Happiness”