Who Needs Cupid?

By Robert "Chip" Mues   |   February 14th, 2009

Valentine’s Day is the start of the busy season for Dayton divorce lawyers.  Many couples wait until after the holidays and it gives them time to file their taxes “jointly” and receive a larger refund.  It also can be a reckoning day when people decide that they deserve better.

While romance abounds with cupid’s magic for some, it also can be a difficult time for many divorced individuals who don’t have a valentine to share it with.

Here are some tips from Jennifer McCarron and Eugene Kayser, licensed family therapists from Abington, Pennsylvania:

Ignore the holiday

Think about Valentine’s Day like a holiday for a religion you do not celebrate.  Simply decide you are not participating in the activities typically associated with the day.

  • Do something special for yourself.
    Go to a spa, take a walk or try any other activity that nourishes you. Kayser said, “showing love and regard for yourself can make you feel stronger”.
… View Full Article → “Who Needs Cupid?”

Mom Loses Custody For Alienating Children From Their Father For Over A Decade

By Robert "Chip" Mues   |   February 7th, 2009

An Ontario, Canada, Superior Court Judge issued a thorough well-reasoned but very unusual decision on January 16, 2009, changing custody of three (3) girls, ages 15, 11 and 9, from their primary caregiving mother to the father based upon evidence of a long pattern of parental alienation.  In fact, Mother had denied Father, a vascular surgeon, any contact with the girls for about two (2) years before these proceedings.

Judge Faye McWatt not only changed custody to the father, but denied Mother any contact with the girls for at least 90 days.  The Court concluded that Mother had conducted a “consistent and overwhelming campaign for more than a decade to alienate the children from their father”.

The Court was impressed with the testimony from Dr. Barbara Fidler, an expert in the field of parental alienation.  The Court, in its decision, stated:

Dr. Fidler testified that children are more susceptible to alienation in certain age ranges.… View Full Article → “Mom Loses Custody For Alienating Children From Their Father For Over A Decade”

Virtual Visitation: Part 2 – Legal Aspects

By Robert "Chip" Mues   |   January 24th, 2009

In the second part of a two part series, Attorney Robert Mues looks at the legal aspects of Virtual Visitation.

Ohio Revised Code Section 3109.051(A) provides, in part, that, “Whenever possible, the order or decree permitting the parenting time shall ensure the opportunity for both parents to have frequent and continuing contact with the child, unless frequent and continuing contact by either parent with the child would not be in the best interest of the child.” In 2006, a bill was introduced in the Ohio Senate to allow Juvenile or Domestic Relations Courts to grant a reasonable amount of “electronic communication” between a parent and a child so long as the electronic communication was in the child’s best interest and the equipment was readily available. In Senate Bill 341, electronic communications was defined as “communication facilitated by the use of methods of communication such as the telephone, electronic mail, instant messaging, video conferencing, or other wired or wireless technologies via the internet, or another medium of communication that allows a party who has been granted parenting time, companionship, or visitation rights to communicate with a child during times in which the child is not physically present with the party.”… View Full Article → “Virtual Visitation: Part 2 – Legal Aspects”

Virtual Visitation: Part 1 – Utilizing Technology to Supplement Parenting Time

By Robert "Chip" Mues   |   January 17th, 2009

In the first of a two part series, Attorney Robert Mues examines Virtual Visitation and the different options a divorced parent can use to communicate with their children. Part 1 – Utilizing Technology to Supplement Parenting Time.

Not too long ago, divorced parents had limited communication options to stay in touch with their children.  The old rushed and often dry “phone call approach” was better than nothing but had drawbacks.  There were long distance phone charges and issues with time zones.  New communication options have improved considerably! It is much easier for you to keep in touch with your children after a divorce.  Most of these approaches require both parents to have a computer with broadband connections.  Here are some options to supplement traditional face to face parenting time:

Cell Phones: Many companies are selling cell phones designed specifically for kids which feature built in parental controls to restrict incoming and outgoing calls or text messages.  … View Full Article → “Virtual Visitation: Part 1 – Utilizing Technology to Supplement Parenting Time”

Feeling Guilty About Your Divorce?

By Robert "Chip" Mues   |   January 10th, 2009

No doubt, guilt is a big issue for many people going through a divorce.  I came across an interesting article on the subject at Divorce Transitions.  The author has opined that there are two separate stages:

Shock

We tend to think of “shock” as being sudden.  But the dictionary tells us it can be “a disturbance in the equilibrium or permanence of something” or “a sudden or violent mental or emotional disturbance.”  Therapists confirm that shock need not have the suddenness of a lightning bolt.  You may have known for some time that your marriage was in trouble, but the final realization of the loss may still create a sense of shock.

Among the most common symptoms are extreme disorientation, numbness, difficulty with short-term memory, physical distress, and/or confusion.  As part of denial, the divorce-bound person may seek refuge in fantasy.  “He’s going to come in the front door this evening, and everything will be just like its always been.”  … View Full Article → “Feeling Guilty About Your Divorce?”

The Conciliation Process In Montgomery County, Ohio

By Anne Shale   |   January 3rd, 2009

Ohio Revised Code (“ORC”) Sections 3117.01 through 3117.08 are the specific statutes governing the conciliation process in the State of Ohio. Black’s Law Dictionary reflects that the word “conciliation” is derived from French law wherein it was/is the formality to which intending litigants are subjected in cases brought before a Judge. The Judge convenes the parties and endeavors to reconcile them. Should the Judge not succeed, the case proceeds to trial.

In the Domestic Relations Court of Montgomery County, Galen Curry is the person who is “in charge” of the conciliation process. On Thursday, November 6, 2008, I had the opportunity to meet with Galen Curry to learn about his role in a conciliation proceeding. Ohio Revised Code Section 3117.03 provides for the appointment of one or more conciliation counselors in counties having a population over one hundred thousand according to the latest federal census.

As the conciliation counselor, Galen Curry does the following:

A.… View Full Article → “The Conciliation Process In Montgomery County, Ohio”

Divorce And Insurance Policies: What Divorce Attorneys Need To Know To Protect Their Clients

By Guest Contributor, Attorney Brian R. Wilson, a partner in the Canton, Ohio, law firm of Nicodemo & Wilson, LLC.   |   December 27th, 2008

You may not be aware that, years after you have prepared a separation agreement, it may have a direct bearing on whether your clients are covered under their auto or homeowners’ insurance policies in a variety of accident scenarios.

Here’s a typical scenario. Months or years after Mom and Dad are divorced, one of them hands the car keys to “Junior,” who negligently wrecks the car and injures another motorist. One or both parents, thinking that Junior is covered under their auto policy, turn the claim into their insurer, only to be shocked that the insurance company denies the claim.

There are two principal reasons why the claim might be denied: Junior is not a “named insured” or a “resident relative” under the policy. If the denial holds water, Junior and perhaps his parents may be exposed to personal liability, and the distinct prospect of bankruptcy. The question is: Is there anything the divorce attorney can do to ensure or increase the likelihood that minor children will be covered in a future accident under one or both parents’ insurance policies?… View Full Article → “Divorce And Insurance Policies: What Divorce Attorneys Need To Know To Protect Their Clients”

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