Ohio Family Law Blog

6 Tips of How to Effectively Communicate with Your Spouse During a Divorce

By Robert "Chip" Mues | May 30th, 2020

Communications With Your Spouse During A Divorce Need Not Be Stressful Or Difficult

Divorces can be very difficult and stressful. Emotions can often run rampant. Those may include anger, blame, hurt feelings, confusion, sadness, and depression. Trying to maintain civil communications between you and your spouse is important. No black or white approach works in every case. You know the factual background which caused the marriage to breakdown. You know if your spouse has been abusive or can be a bully or meanspirited. Hopefully, these tips will be useful in establishing appropriate communications.

In many cases the parties elect to have their lawyers shoulder the majority of the communications. Nonetheless, some level of communications will likely need to occur, especially if you have children.

Be Civil and Respectful: Avoid arguments and be professional. As difficult as it may be, “bite your tongue” and don’t escalate issues. Truthfully, whether you are right or wrong on a point isn’t that important in the long run.

… View Full Article →

Blast From The Past: What Is Parental Alienation And Parental Alienation Syndrome?

By Robert "Chip" Mues | May 23rd, 2020

Publisher’s Note: Here is an article originally posted on the Ohio Family Blog on November 15, 2008. Parental alienation continues unfortunately to be all too common in custody litigation. Domestic Relations Courts hear testimony about it daily. I thought this primer on the topic would be worth reposting today!

Does Parental Alienation Syndrome (PAS) Factor Into Determination Of Custody In Ohio?

There are a number of different factors and circumstances that have an effect on the determination of custody in Ohio. According to O.R.C. §3109.04(F)(1), the court must consider all relevant factors when determining the best interest of the child. One of those relevant factors under Section 3109.04 (F)(1)(I) includes whether either parent has continuously and willfully denied the other parent’s right to parenting time or visitation as ordered by a court. While visitation denials may be relatively easy to prove in court, that alone doesn’t amount to parental alienation.… View Full Article → “Blast From The Past: What Is Parental Alienation And Parental Alienation Syndrome?”

Would My Ohio Living Will Block My Being Placed on a Ventilator if I Contracted Coronavirus (COVID-19)?

By Joseph E. Balmer | May 16th, 2020

What Does a DNR Order in Ohio mean?

A DNR Order (Do not resuscitate Order) Cannot Be Executed Unless Signed By A Physician

I received a telephone call a week or so ago from a client who was concerned that, based upon some things that he had recently heard, he may have executed some estate planning documents that would prevent him from being put on a ventilator if he contracted the coronavirus. I am sure that he is not the only one who has had that concern, so I believe that this is a good time to explain this issue in greater detail.

First, here in Ohio a DNR Order (Do not resuscitate order) form states that health care providers will not perform CPR (cardio pulmonary resuscitation), will not administer resuscitation medications with the intent of restarting the heart or breathing, will not insert an airway adjunct, will not de-fibrillate, cardiovert or initiate pacing and will not initiate continuous cardiac monitoring.… View Full Article → “Would My Ohio Living Will Block My Being Placed on a Ventilator if I Contracted Coronavirus (COVID-19)?”

Tips on Applying for Student Loans if Your Parents are Divorced

By Robert "Chip" Mues | May 9th, 2020

The FAFSA application (Free Application for Federal Student Aid)

Publishers Note: On June 8, 2013, we published “College Expenses: The Impact of Student Loan Debt On Your Child”. College loans are problematic. This seemed like an excellent time to update and address applying for school aid for kids whose parents are divorced. Click here to read the original blog article.

Applying for College? How to complete the FAFSA application (Free Application for Federal Student Aid) if your parents are divorced or unmarried

Selecting and applying to a college or university can be really tough and daunting. After doing that, unfortunately, you are likely not finished. Next ahead is completing the FAFSA (Free Application for Federal Student Aid) application. This can be complicated especially if your parents are divorced (or your parents are unmarried).

Custodial Parent Determination:

The “custodial parent” designated in your parents divorce paperwork does not control for FAFSA consideration purposes.… View Full Article → “Tips on Applying for Student Loans if Your Parents are Divorced”

LEGAL ALERT: Ohio Domestic Relations Courts will Reopen Monday, May 4, 2020, in Southwestern Ohio but with Restrictions?

By Robert "Chip" Mues | May 2nd, 2020

Waiting To Proceed With Divorce? Domestic Relations Court Reopens Across Miami Valley On May 4, 2020

Despite the extension of the shelter-in-place Order now until May 29th issued by Governor DeWine on Thursday, most of the local Miami Valley Domestic Relations Court have decided to reopen on Monday morning, May 4, 2020. Most have been closed (or with limited staffing) hearing only emergency matters such as domestic violence cases.

Other “routine” scheduled matters, including pretrials, hearings and trials have been postponed (much to the frustration of the litigants and their lawyers). Many of these Courts have essentially “been dark” for over a month! Of course, this Court action was necessitated by the spread of the Coronavirus (COVID-19) pandemic.

All Courts going forward seem to be incorporating the CDC guidelines to protect the health of the public and Court staff.

To Face Mask Or Not Face Mask – A List of Local Miami Valley Domestic Relations Court Facial Covering Rules

– Montgomery County Domestic Relations Court is not specifically requiring folks to wear a facial covering to enter the building.… View Full Article → “LEGAL ALERT: Ohio Domestic Relations Courts will Reopen Monday, May 4, 2020, in Southwestern Ohio but with Restrictions?”

Wondering About Domestic Violence in the Coronavirus (COVID-19) Shelter-in-Place Era?

By Robert "Chip" Mues | April 25th, 2020

Dayton’s Artimis Center Ready to Provide Help for Domestic Abuse Survivors Affected by the Coronavirus Stay-At-Home Order

Recently I have read several articles online regarding the effect the various coronavirus shelter-in-place orders are having on domestic violence cases. Some places have seen a spike in those filings/incidents and others have not.

Logically, one might think that the quarantine orders along with the stress and financial hardship of COVID-19 would naturally result in a much higher number of domestic violence incidents. To get a better handle on this situation locally, I reached out to Jane Keiffer, MSW, LISW, and the executive director of the Artemis Center in Dayton.

Interestingly, Ms. Keiffer shared with me that there has not been a spike in calls at Dayton’s Artemis Center since the stay at hone order went into effect on March 15, 2020. She said, “We believe that this is due to the abuser being at home, monitoring the victim, close quarters so calls are not private, phones are being taken away or broken.… View Full Article → “Wondering About Domestic Violence in the Coronavirus (COVID-19) Shelter-in-Place Era?”

REPOST: Estate Planning For Seniors In The CORONAVIRUS Era [Exclusive 20% discount during April!]

By Joseph E. Balmer | April 22nd, 2020

NEW CLIENT EXCLUSIVE: 20% Off ESTATE PLANNING DOCUMENTS AND SERVICES

As we near the time that some of the shelter-in-place restrictions are being lifted, many of us will feel a bit more comfortable doing some of the important things we have not yet done. As you evaluate those items, please don’t ignore creating or updating your estate planning documents!

The Dayton, Ohio law firm of Holzfaster, Cecil, McKnight & Mues is offering a 20% discount for new clients on all estate planning documents and services during the month of April. We are reprinting below Attorney Joseph Balmer’s blog from April 1,2020, addressing the urgency for everyone (but especially for seniors) to review and update their healthcare documents, financial power of attorney and wills and trusts.

Holzfaster, Cecil, McKnight & Mues has been providing exemplary legal services to the Dayton area community since 1941. Please call us at 937 293-2141. Quality estate planning doesn’t need to be confusing or expensive!… View Full Article → “REPOST: Estate Planning For Seniors In The CORONAVIRUS Era [Exclusive 20% discount during April!]”

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