Sexual Abuse: May a Foster Child Sue Their Biological Parent for Abuse?

By Guest Contributor, Daniel Pollack   |   April 1st, 2017

Foster Child Sexual Abuse And Abolishing the Parental Immunity Doctrine

Removed from their biological parents, the children were placed in foster care. The court and all the professionals held out hope that the children would one day be reunified. Toward that end, under court order, unsupervised visits were gradually introduced. Unfortunately, those unsupervised visits were occasions for the biological father to molest his own children in plain sight of the mother.

Eventually, the children sought to sue their mother. May they? Aside from the practical aspect of the mother having insignificant assets, what is the legal answer? The mother was present when the children were being abused. She saw their plight in time to act so the children could avoid being harmed and she knew, or should have known, that a legal duty existed to protect them. In such a circumstance, when a child suffers an injury resulting from a parent’s failure to adequately protect, should there be an actionable tort against the biological parent?… View Full Article → “Sexual Abuse: May a Foster Child Sue Their Biological Parent for Abuse?”

Equal Overnight Time With Dad Benefits Children of Divorced Parents

By Robert "Chip" Mues   |   March 25th, 2017

Father-Child Relationship is Strengthened by Equal Overnight Time.

Parents Have Better Relationships With Their Children Under Equal Overnight Time

Couples with children who end up divorcing know that parenting time is often a source of contention. Historically, mothers were often awarded more time with the children, especially when it came to overnights.

However, new research may make these types of arrangements a thing of the past.

A recent study published in the American Psychological Association Journal Psychology, Public Policy and Law, Vol 23(1), Feb 2017, 68-84.that young children who spend equal overnight time with both divorced parents have better relationships with them in the future. Click here to read the study.

William V. Fabricius and Go Woon Suh surveyed students whose parents divorced or separated before they were 2 years old.

The results showed that the more equal overnight time the child spent with the parent at a young age, the better their relationship was as they got older.… View Full Article → “Equal Overnight Time With Dad Benefits Children of Divorced Parents”

Divorce: Tips to Consider About Technology & Social Media

By Robert "Chip" Mues   |   March 18th, 2017

Divorce, Social Media and Technology. A whole new world.

Siri Is Listening! Technology And Social Media Can Impact Your Divorce!

In the modern technological era where we are constantly surrounded by social media and 24/7 communication, it should come as no surprise that the technology at your fingertips could have a very real impact on your divorce case.  Our firm has some tips for you to consider if you are contemplating going through a divorce proceedings in this techy society.

Divorce And Technology. Some Important Social Media Tips To Consider
  • First, remember to change passwords to all financial accounts, email accounts, and any other personal accounts that your former spouse should no longer be able to access freely without your permission. Even in the most amicable of divorces one miscommunication can lead to a very ugly court battle. A divorce means a physical and emotional split, so be sure that the separation extends to your technology as well.
… View Full Article → “Divorce: Tips to Consider About Technology & Social Media”

FRAUD ALERT: Avoid Tax Return Scams!

By Joseph E. Balmer   |   March 4th, 2017

Fraudulent tax return preparers are back!

Tips On How To Avoid Fraudulent Tax Preparers

With this being tax season, the Federal Justice Department urges the public to look out for and avoid fraudulent tax preparers who illegally swindle both their clients and the federal treasury.  Below are some tips that may seem obvious and others that may not seem so obvious.

  1. Look for a PTIN.  The IRS requires that all paid tax preparers register with the IRS and obtain a preparer tax identification number (PTIN).
  2. Never allow your refund to be deposited directly into a tax preparer’s bank account.  Courts have barred such a practice.
  3. Never sign a blank return or a return without fully reading it from beginning to end first.
  4. Never allow your tax preparer to mischaracterize expenses.  By this, I mean that you should never allow personal purchases to be wrongly characterized as deductible expenses.
  5. Never allow your tax preparer to fabricate expenses or deductions.  
… View Full Article → “FRAUD ALERT: Avoid Tax Return Scams!”

Reflections About My Impending Retirement From The Practice of Law…

By Anne Shale   |   February 25th, 2017

FROM EVERYONE AT HOLZFASTER, CECIL, McKNIGHT & MUES: Anne, throughout your legal practice you have always exemplified the highest standard of competence, professional and civility in in your dealings with clients, staff, Courts and other lawyers. We will ALL miss you as will the entire domestic relations bar! Please stay in touch as you transition into retirement!

To become organized and prepared to write this Ohio Family Blog Article, I spent some time reflecting upon my entire life and determined it would be more clear to the reader if I described the four (4) stages of my life. They are as follows:

Stage 1 – Growing Up and Being a Student:  The first stage of my life encompassed the ages of birth through graduation from college in 1967. I was a student during most years of Stage 1. I was very fortunate to be raised by an intact family. My parents loved and adored one another and they loved and cherished the four (4) of us.… View Full Article → “Reflections About My Impending Retirement From The Practice of Law…”

Dissolution In Ohio: Can Parties Request Conciliation and Mediation Services?

By Robert "Chip" Mues   |   February 18th, 2017

Dissolution In Ohio: The Conciliation Process in Warren and Montgomery County Explained. How A Dissolution Can End Up In Mediation

This was a novel question that was recently asked me by a client a week or so before their scheduled final dissolution hearing. Conciliation proceedings are not all that common even in divorce actions.  I asked my paralegal, Robin Lovins, to investigate the answer for me.  That answer was interesting I thought. Always looking for a new blog article topic, I asked Robin to help incorporate that information into a blog article about dissolution. Here it is:

Section 3117.05 of the Ohio Revised Code states that “Prior to or during pendency of any action for divorce, annulment, or legal separation, one or both spouses may file in the court of common pleas a petition for conciliation…”. The question becomes: Does conciliation apply in dissolution cases? Although it is unusual for parties participating in a dissolution proceeding to request a conciliation through the courts, if a petition is filed, the courts will accept it.… View Full Article → “Dissolution In Ohio: Can Parties Request Conciliation and Mediation Services?”

Grandparents Active with Their Grandkids May Live Longer According to This New Study!

By Robert "Chip" Mues   |   February 11th, 2017

Can Grandparents Live Longer Simply By Caring For Their Grandchildren? Study Says…

Grandparents who help out with childcare or provide support to others in their community tend to live longer than seniors who do not care for other people, according to a study from Berlin, Germany. While having full-time custody of grandchildren can have a negative effect on health, occasional helping can be beneficial for seniors.

An international research team has found that grandparents who care for their grandchildren on average live longer than grandparents who do not. The researchers conducted survival analyses of over 500 people aged between 70 and 103 years, drawing on data from the Berlin Aging Study collected between 1990 and 2009.

In contrast to most previous studies on the topic, these researchers deliberately did not include grandparents who were primary or custodial caregivers. Instead, they compared grandparents who provided occasional childcare with grandparents who did not, as well as with older adults who did not have children or grandchildren but who provided care for others in their social network.… View Full Article → “Grandparents Active with Their Grandkids May Live Longer According to This New Study!”

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