Ohio Family Law Blog

In Ohio, A Child Can Pick Which Parent to Live With in a Divorce – True or False?

By Robert "Chip" Mues | November 11th, 2023

ANSWER: The answer is FALSE.

History of the Ohio Child Election Law

Prior to 1946, Ohio General Code §8033 made it mandatory that a child ten years of age or older “must” be allowed to choose which parent they preferred to live with, and the court would have to follow that choice unless the court deemed that parent “unfit.” Venable v. Venable, 445 N.E.2d 1125, 1130 (Ohio Ct. App. July 9, 1981). Even as recently as 1989, the Ohio Revised Code §3109 stated that children twelve years of age or older could choose which parent to live with. Bawidamann v. Bawdiamann, 580 N.E.2d 15, 17 (Ohio Ct. App. Aug. 4, 1989).

However, in 1996 the Ohio legislature amended §3109.04 and eliminated the ability for a child to choose the parent to live with. Butland v. Butland, No. 95APF09-1151, 1996 WL 362038, at *3 (Ohio Ct. App. June 27, 1996).… View Full Article → “In Ohio, A Child Can Pick Which Parent to Live With in a Divorce – True or False?”

Ever Wonder the Leading Causes for Divorce?

By Robert "Chip" Mues | November 4th, 2023

The Main Reason For Marrying Says Divorce Study? It’s Not Love!

According to a study by McKinley Irvin, approximately 42-45% of marriages in the United States end in divorce. The same study also found that 60% of second marriages and 73% of third marriages end in divorce. In 2021, there were 689,308 divorces across the 45 U.S. states that report this statistic. During that same year, 1,985,072 marriages occurred, making the U.S. marriage rate 6 per 1,000 people.

It can be beneficial for a couple to understand the causes for failed marriages. If you are already married it can help you to make your own marriage stronger. If you are about to walk down the aisle it can guide you in making choices about your intended wedding. It can even help you to support other couples in your life that you care about.

I recently read an article published in Forbes Magazine where they reported on their findings of a survey they had conducted.… View Full Article → “Ever Wonder the Leading Causes for Divorce?”

Blast From The Past: Non-Payment of Child Support May Result in Denial of a Passport

By Robert "Chip" Mues | October 28th, 2023

Child Support Arrearage Can Impact Travel Outside The Country

PUBLISHERS UPDATE: Here is one of my favorites posts about the U.S. Passport Denial Program from back on January 15, 2011! This U.S. government program is still going strong. Here is a link to their website to learn more. We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Renewal Or Issuance Of A U.S. Passport May Be Denied If More Than $2,500 Is Owed In Child Support

Most people don’t realize that if you have a child support arrearage of more than $2,500 that you are NOT eligible for either a renewal or the issuance of a U.S. passport. Also, be aware that there is no guarantee that even if your arrearage balance is below $2,500 that you will be allowed to obtain a passport because you are still in arrears.… View Full Article → “Blast From The Past: Non-Payment of Child Support May Result in Denial of a Passport”

A New Study Emphasizes the Important Role Fathers have on the Educational Outcomes of Their Children

By Robert "Chip" Mues | October 21st, 2023

Fathers Involvement With Their Children Has A Positive Effect on Educational Outcomes Says Recent UK Study

It goes without saying that parental involvement is crucial for a child’s development as well as their educational growth. A recent study conducted by the University of Leeds in the UK, finds that fathers have “a unique and important effect” on their children’s educational outcomes. The study collected data in a survey of about 5,000 families in the United Kingdom that included both a mother and father. The study was linked to the participants in the study from their early year profile at age 5 and then to the national pupil database at age 7. Click here to read the study.

The study found that when fathers engage in structured interactions such as singing, reading, playing, and drawing with their children before they attend school, it gives an educational advantage to them in their first year of elementary school.… View Full Article → “A New Study Emphasizes the Important Role Fathers have on the Educational Outcomes of Their Children”

Blast From The Past: An Overview of Adoptions, Guardianship and Custody Actions in Ohio

By Robert "Chip" Mues | October 14th, 2023

PUBLISHERS UPDATE: Here is one of my favorites posts about Adoptions, Guardianship and Custody Actions from back on June 5th, 2021! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Legal Advice is Essential, if contemplating Adoption, Custody or Guardianship Action

The Legal Caregiver Roles in Ohio: Adoption, Custody and Guardianship. Which Role is Right For Me?

It is fundamental to those contemplating a new role of a caregiver of a child to know the rights and restrictions of each of these proceedings in order to best be informed about the legal possibilities and implications.

It is critical to have a committed person/family step in and assume the role of care in the precarious situations children or others needing care are often left in. Being informed is priceless, but obtaining legal advice is essential.… View Full Article → “Blast From The Past: An Overview of Adoptions, Guardianship and Custody Actions in Ohio”

Did You Know that October is Domestic Violence Awareness Month?

By Robert "Chip" Mues | October 7th, 2023

Artemis Center in Dayton Provides Assistance to Victims of Domestic Violence

Recently Jane Keiffer, the executive Director of the Artemis Center in Dayton, shared an informative data sheet created by a past staff member about a “danger and lethality assessment” of cases from 2019-2022. Needless to say, Jane Keiffer and the Artemis Center do a phenomenal job assisting individuals who have been victimized by domestic violence. We are certainly lucky to have the Artemis Center in our community! Here is a link to the Artemis Center website.

What is a Danger and Lethality Assessment?

A “danger and lethality assessment” helps to evaluate the level of danger a victim of intimate partner violence is experiencing on a level-scale of 0 to 7. An Artemis advocate conducting the assessment goes through a 30-factor analysis to determine the level of danger and lethality a victim shows. A level of 0 is where there is no risk of future abuse either physical or sexual, while a level of 7 is where there is a high risk a homicide will occur.… View Full Article → “Did You Know that October is Domestic Violence Awareness Month?”

How Your Health Insurance is Affected by an Ohio Divorce

By Robert "Chip" Mues | September 30th, 2023

Will My Health Insurance Coverage End During A Pending Divorce Proceeding? COBRA Law And Other Options To Consider

I recently realized that I had not posted a blog about health insurance and divorce in 10 years. Click here to read that one titled Health Insurance: Divorce Often Ends Coverage for Women. It is still worth reading after all those years!

YOUR SPOUSE CAN NOT CANCEL YOUR HEALTH INSURANCE DURING THE PENDENCY OF YOUR DIVORCE OR DISSOLUTION CASE.

In Ohio, Ohio Revised Code Section 3105.71 prohibits cancellation of health insurance coverage prior to the divorce court deciding responsibility. So that law preserves the status quo as it relates to maintaining health insurance coverage during the divorce. This is also true even if the insurance “open enrollment” period occurs during the divorce proceeding. Click here to read that statute. But what happens when the divorce cases ends?

The good news is that upon the termination of your marriage, there are various options to consider.… View Full Article → “How Your Health Insurance is Affected by an Ohio Divorce”

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