On July 1, 2009, I received a decision on one of the more interesting cases I have worked on since embarking on my legal career. The case started out as a custody case in Juvenile Court, but quickly spiraled into a full-scale federal trial; and subsequently, an appeal in the United States Court of Appeals for the Sixth Circuit. It’s safe to say that this was not your typical custody case. What made this case different, among other things, was that the family had moved to Ohio from Israel and the mother had returned to Israel. While in Israel, she decided to pursue custody and filed a Petition for the return of the minor child under the Hague Convention on the Civil Aspects of International Child Abduction, claiming that our client, the child’s father, had kidnapped the child and wrongfully retained him here in the United States instead of allowing him to return to Israel.… View Full Article → “International Custody Cases In Federal Court Are Complex”
Job is Lost! Now What Do I Do?
It is newsworthy that the State of Ohio has taken major “hits” in the job loss category and that our unemployment rate approaches 10%. Recently, General Motors, aka Delphi, has closed most plants in Dayton causing a massive loss of jobs in the manufacturing sector. Then, National Cash Register (NCR) announced the company was moving its headquarters and nearly fifteen hundred (1500) jobs to a suburb of Atlanta, Georgia. The Dayton Daily News has reported that eleven (11) policemen are slated to “lose their jobs” due to budgetary constraints. Also, businesses associated with supplying the auto industry with parts and services are feeling a financial “crunch” as their major or primary customer was General Motors, aka Delphi.
So, what is a parent (Father or Mother) to do when facing or experiencing a loss of employment?
Scenario #1: Father is the Obligor (parent paying child support to the Mother/Obligee). He was employed by National Cash Register (NCR). … View Full Article → “Job is Lost! Now What Do I Do?”
The Name Game Revisited…
I haven’t posted on this topic since October 18, 2008. My fellow blogger, Attorney Dick Price, publisher of the Divorce and Family Law Blog in Tarrant County, Texas, wrote an interesting post about trying to “force” a soon to be ex-wife into taking back her former name. The analysis under Ohio law would be the same as his under Texas law. Here is what Dick wrote on April 11, 2009:
A question that comes up occasionally is whether a husband can make his ex-wife change her last name so that she no longer uses his last name. The short answer is NO.
While adults can change their own names either as part of a divorce or as a separate action, the Texas Family Code does not provide a means to force someone else to change her name.
So, if you can’t force her to change her name, can you talk her into it?… View Full Article → “The Name Game Revisited…”
Hitting The Airwaves With “Big George” On The BBC
England is trying to catch up with Ohio and the rest of the United States when it comes to Family Law. Until a landmark case last week, the courts in England and Wales put little, if any, weight on the terms of prenuptial agreements. Prenuptial agreements (also called antenuptial agreements) in one form or another have been around for a very long time. The Supreme Court of Ohio in 1984 held in Gross v. Gross that, under certain circumstances, they are valid and the terms should be enforced by Ohio courts.
On July 2, 2009, I received an interesting phone call from a journalist from the BBC in London, England. He wanted to know if I would be interested in commenting on the recent case holding and also sharing some insights about prenuptial agreements from the perspective of an American family law attorney. I read the decision in the case of Radmacher v.… View Full Article → “Hitting The Airwaves With “Big George” On The BBC”
The Red Ones Are the Best!!!
It seemed appropriate that I should write something for the blog geared towards the “Birthday of America”. In the past, I liked to reflect upon the holidays and tried to find some correlation between the specific holiday and my family-law practice. Not always an easy task without becoming repetitive in discussing how to celebrate the day in the aftermath of a traumatic divorce. So, as I pondered possible themes, I considered offering a bit of a twist on “Independence Day”. Or, perhaps, writing a patriotic post about America and the importance of family values. In the end, I decided to go in a different direction.
As I think about this holiday, it brings back many fabulous memories. As a child, it was in my top two or three yearly holidays. I loved that it was the official start of summer and school was over. Warm weather was here and a family vacation was near.… View Full Article → “The Red Ones Are the Best!!!”
Preventing a Parentectomy After Divorce
One of the most interesting and well written pieces that I have read in a long time is a keynote address presented by Dr. Frank S. Williams to the National Council for Children’s Rights in Washington D.C. on October 20, 1990. Dr. Williams is a noted child psychiatrist and the Director of Family and Child Psychiatry at Cedars-Sinai Medical Center in Los Angeles. While this presentation was almost 19 years ago, Dr. Williams’ sage advice is no less relevant now than it ever was!
During my 31-year law career, I have focused a large part of my efforts both professionally and as a member of various community organizations and non-profit Boards towards diverse child-welfare related causes. So with that stated background, I whole-heartedly encourage everyone to read Dr. Williams’ presentation in full, by clicking here.
I will attempt to capsulate some of the salient points as well as set forth the six (6) recommendations he made based on his extensive clinical experience to prevent parentectomies.… View Full Article → “Preventing a Parentectomy After Divorce”
Father’s Day Facts and Parenting Orders
The third Sunday of June has become known as Father’s Day just as the second Sunday of May has become known as Mother’s Day. On that “special” day in June, Fathers in the United States are feted with cards, gifts (often ties and wallets), meals especially prepared for them or “dinner out” at their favorite restaurants, as well other special treats such as the preparation of a favorite dish or dessert prepared at home.
From my readings at various websites, the origin of Father’s Day is not entirely clear. Some say it began with a church service to honor Fathers in Fairmont, West Virginia, on July 5, 1908. Others believe that Ms. Sonora Smart Dodd of Spokane, Washington, came up with the idea or plan to honor Fathers in 1909 while she listened to an earlier church service wherein Mothers were honored and praised. Ms. Dodd’s Father, a veteran of the Civil War and a “single parent”, had successfully raised six (6) children following the premature death of his Wife.… View Full Article → “Father’s Day Facts and Parenting Orders”