Father’s Day Reflections, Including Freud and Tongue Biting

By Robert "Chip" Mues   |   June 14th, 2008

Father’s Day can be an extremely difficult one for many children. Unfortunately, thousands of children will not be with their father this Father’s Day due to many factors including divorce, death or service in the armed forces. As a result, many children don’t have the opportunity for a traditional Father’s Day.

I’d like to offer some thoughts about the importance of this day from the perspective of both a father and a practicing divorce lawyer for 30 years:

  1. Take the High Road. If it’s within your power to help a child spend some time or even talk with his or her father on Father’s Day, take the high road and make a special effort to make it happen. Across the country, thousands of children and fathers don’t have the opportunity to share their feelings with each other.
  2. Are You Too Busy to See Your Children? If you happen to be a father who lives with, or has access, to your children, realize how blessed you are to have children and don’t waste the opportunity to tell them how much you love them and how important they are to you!
… View Full Article → “Father’s Day Reflections, Including Freud and Tongue Biting”

The Role and Functions of a Guardian ad Litem in the State of Ohio, Pt. 1

By Anne Shale   |   June 9th, 2008
What is a Guardian ad Litem?

A Guardian ad Litem (“GAL”) is usually a lawyer appointed by the Court to appear in a lawsuit on behalf of an incompetent or minor party. In Juvenile Court cases and Domestic Relations cases, the Guardian ad Litem is appointed on behalf of a minor child or minor children in custody, visitation, and/or other disputed child-related issues.

What does the Guardian ad Litem do?

The Guardian ad Litem is appointed by the Court to undertake an investigation of custody issues, visitation issues, and other parenting issues before the Court. The Guardian ad Litem is expected to meet with each parent individually and to meet with each parent and the child or children to be able to observe the interaction between each parent and the child or children. The Guardian ad Litem is also expected to meet with the child or children individually to determine the wishes of the child or children.… View Full Article → “The Role and Functions of a Guardian ad Litem in the State of Ohio, Pt. 1”

If You Owe Back Support, Don’t Expect Your Stimulus Check

By Robert "Chip" Mues   |   June 2nd, 2008

The IRS is treating the stimulus checks as if they were tax refunds. On their website, the IRS indicates that the amount of the stimulus check will be reduced or seized if :

  • You are single and your net income tax liability is less than $600. If you file Form 1040 net income tax liability is the amount shown on Line 57, plus the amount on Line 52.
  • You are married and your net income tax liability is less than $1,200.
  • You are single and your adjusted gross income (AGI) is more than $75,000. On Form 1040, AGI is the amount on Line 37.
  • You are married filing a joint return and your AGI is more than $150,000.
  • You owe back taxes that reduced your payment.
  • You have non-tax federal debts such as unpaid student loans or child-support obligations that reduced your payment.

If the IRS is reducing or seizing your stimulus check, they are supposed to mail you a letter of explanation.… View Full Article → “If You Owe Back Support, Don’t Expect Your Stimulus Check”

Pet Ownership In Divorce Proceedings

By Robert "Chip" Mues   |   May 28th, 2008

For lawyers and others interested in an excellent journal article on this subject.

Puppy Love: Providing for the Legal Protection of Animals When Their Owners Get Divorced by Heidi Stroh, 2 J. Animal L. & Ethics 231 (2007). The article examines pet ownership in divorce proceedings. Ms. Stroh concludes that the various states should adopt statutes providing clear guidance for pet custody decisions.  It is available through Lexis and Westlaw.… View Full Article → “Pet Ownership In Divorce Proceedings”

Who Gets Custody of Rover?

By Robert "Chip" Mues   |   May 21st, 2008

In many divorce cases, custody or ownership of the beloved family pet is very important and the dispute can even become contentious. Sean Palmer, author of the Texas Family Law Blog, recently wrote an interesting article on the subject. It is very well written and I can’t quibble with any of it. My analysis of the subject, under a Ohio law, doesn’t appear to vary from his under Texas law. As barbaric as it sounds, pets are categorized under Ohio law as “personal property”. The court cannot treat Rover as a child, and award custody or shared parenting of him to the parties. But, I have seen Judges on rare occasions designate one party as the pet’s owner and permit the other to have access to the pet. Most domestic relations judges that I have come across are sensitive to the importance pet ownership may have and will patiently consider the facts.… View Full Article → “Who Gets Custody of Rover?”

New Study Concludes that Divorce is Neither Good nor Bad: May Not Cause Kids’ Bad Behavior

By Robert "Chip" Mues   |   May 16th, 2008

Here’s a news flash. The “experts” disagree! Many well-respected studies over the years have concluded that kids are often negatively impacted as a result of their parent’s divorce. However according to Allen Li, of the prestigious RAND Corporation’s Population Research Center in Santa Monica, California, most kids are not seriously affected by the divorce in the long term, but a divorce raises the risk that a child will have future problems. Li presented his findings in Chicago April 26, 2008, at a meeting of the non-profit Council on Contemporary Families.

The study by Li was based upon a large sample-6,332 children. His methodology differed from that which was used by others in the past. He didn’t measure children of divorced parents with children of married parents. Instead, he measured behavior problems such as crying, cheating or arguing frequently, in children ages four to fifteen before and after their parents’ split. He describes it as a “longitudinal approach”.… View Full Article → “New Study Concludes that Divorce is Neither Good nor Bad: May Not Cause Kids’ Bad Behavior”

Mother’s Day – A Very Special Day!

By Robert "Chip" Mues   |   May 10th, 2008

Naturally Mother’s Day is a special day for families and especially for mothers. In this day and age however, there are often multiple females who may play a key role in a child’s life. Stepmothers and grandmothers raising their grandchildren as their own are now quite the norm. These women need to be recognized on Mother’s Day.

Stepmothers are often portrayed in a negative light. It is important to look at all sides, as a step mom often has to walk the tight rope. She has to carefully navigate the road so that she is an integral part of her new child or children’s lives, while still respecting the child’s need to honor and love their own mother. Grandmothers raising grandchildren as their own child has been an increasing occurrence in our society. Across the United States, more than 6 million children are being raised in households headed by grandparents and other relatives.… View Full Article → “Mother’s Day – A Very Special Day!”

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