Adoption in Ohio: Sweeping Changes May be on the Horizon

By Anne Shale   |   February 22nd, 2014

Proposed Changes To Ohio Adoption Laws Will Erode Putative Fathers’ Rights

Reduction In Contest Time To Favor Adoption Parents In The State Of Ohio

On January 29, 2014, the Ohio House of Representatives passed Substitute HB 307, the “Adoption Reform Bill” or, as dubbed by some, the “Make Adoption Cheap and Fast Bill.”  Ohio Right to Life groups advocated and lobbied for the Bill’s passage.  The Bill was proposed and passed in the general assembly with seventy seven (77) affirmative votes and only fourteen (14) negative votes.

Why is HB 307 important?

HB 307 is very important due to the significant time changes it imposes on putative fathers, the tax benefits it provides for adoptive families, and the clarifications it makes to previous legislation.  Many family-law practitioners are expressing concerns that the steep reduction in putative fathers’ rights further erodes the already declining rights of putative fathers in Ohio.  To be clear, a “putative father” is one believed to be the father of a child born out of wedlock (without benefit of marriage), unless proved otherwise.… View Full Article → “Adoption in Ohio: Sweeping Changes May be on the Horizon”

Divorce Matters in Ohio: Limited Representation

By Robert "Chip" Mues   |   February 15th, 2014

Hire A Divorce Attorney Or Save Money With Limited Representation?

When married couples decide on a divorce, a number of things can happen.  When one party decides to file for the divorce, they can either attempt the divorce pro se (without a lawyer) or hire an attorney. There is another option.

The middle ground occurs when firms and divorce attorneys offer “unbundled legal services.”  This is also called “limited scope representation” and occurs when a divorce attorney or firm reviews or creates the documents, and informs the pro se filer when and where to file, but does not offer any other legal advice.   Essentially sending you on your way with a “complete” divorce packet.

After the documents are prepared, the divorce can continue without attorney representation.

Limited representation arrangements are relatively new in Ohio.  While designed to help consumers with “low cost” representation options in simple divorces cases, they can also create a quagmire between the Ohio Rules of Professional Conduct and a lawyer’s duty to represent their client to their fullest ability. … View Full Article → “Divorce Matters in Ohio: Limited Representation”

Divorce: Not a Do-It-Yourself Project

By Guest Contributor Donna F. Ferber, LPC, LADC   |   February 1st, 2014

Tips On How To Move Ahead In Divorce

Help And Support From Professionals Key To Moving Forward In Divorce

Frequently, people who are unhappy in their marriages wait until after the holiday season to move ahead with the dissolution of their marriage.  If you are one of those folks who have made this decision, you know it is not easy to make that first move.  Sometimes people struggle for years in unhappy relationships before they decide it is time to end the marriage.

How to move ahead?  Find a good lawyer and therapist.  They will be part of your team as you begin the arduous process of untangling your marriage.  These professionals will help and support you through the process – making sure that when your divorce is final, you are as secure as you can be – both emotionally and legally.

No doubt about it – divorce is a major life changing decision.  … View Full Article → “Divorce: Not a Do-It-Yourself Project”

Paternity Establishment in Ohio – Parenthood Outside Of Marriage

By Robert "Chip" Mues   |   January 25th, 2014

Acknowledgment Of Paternity Is A Legal Commitment To Parenthood

Birth of a child.

When a child is born, a few things happen that determine parenthood.  Obviously, the mother is known instantly.  After the birth, the natural mother and alleged father sign an “acknowledgment of paternity affidavit” at the hospital or a local child support enforcement agency.  The execution of it is notarized.

After the acknowledgment of paternity affidavit is signed and notarized, it is sent to the office of child support.  Once the office receives this paternity document, it must send it out after no later than ten (10) days to be corrected by the parents.  After all these paternity documents have been completed correctly, the department will enter the information into the birth registry, officially cementing the natural mother and alleged father as the parents of the child.

Oh No! You’re not the father, what now?

What if, following the filing and registering of the birth information listing you as the father, you discover that you’re not the father?… View Full Article → “Paternity Establishment in Ohio – Parenthood Outside Of Marriage”

Family Visitation Center In Greene County, Ohio

By Anne Shale   |   January 18th, 2014

Attorney Anne Shale Takes A Tour Of The Family Visitation Center In Greene County, Ohio

Family Visitation Center Provides Services For Families Needing Assistance With Visitation Exchanges

On December 10, 2010, I visited Erma’s House in Dayton, Ohio in order to gain information to write an article about the Visitation Center for Montgomery County, Ohio.  On December 23, 2013, I had the opportunity to visit and tour the Greene County Family Visitation Center located at 143 East Market Street, Xenia, Ohio 45385 to learn about the services provided by the Family Visitation Center.  I had the privilege to meet and spend time with Libby Powers, Program Coordinator and Mediator for the Family Visitation Center.  The Family Visitation Center is located in a former two (2) story residence which provides the facility with a “homey” atmosphere and a warm/friendly environment.

Family Visitation Center Mission Statement:

The Greene County Family Visitation Center’s mission is to provide supportive supervised visitation and exchange services in a neutral, safe, comfortable and structured environment.… View Full Article → “Family Visitation Center In Greene County, Ohio”

Name Change For Child – Disputes Between Unmarried Parents

By Robert "Chip" Mues   |   January 11th, 2014

General Factors Ohio Courts Consider When Unmarried Parents Clash Over A Child’s Name Change

The process of changing your child’s last name (name change) can be quite involved. If there is a dispute between unmarried parents as to their child’s surname, there are some general name change factors that Courts in Ohio consider.

Changing the Name of a Juvenile Child

Bobo v. Jewell, the court described their review process for determining the surname of a child born to unmarried parents.  The elements to be considered in a name change were:

  1. Length of time that the child has used a surname;
  2. The effect of a name change on the father-child relationship and on the mother-child relationship;
  3. The identification of the child as part of a family unit;
  4. The embarrassment, discomfort or inconvenience that may result when a child bears a surname different from the custodial parents;
  5. The preference of the child if the child is of an age and maturity to express a meaningful preference; and,
  6. Any other factor relevant to the child’s best interest.
… View Full Article → “Name Change For Child – Disputes Between Unmarried Parents”

Child Protective Services and Coercion

By Guest Contributor, Daniel Pollack   |   January 4th, 2014

Analyzing The Use Of Coercion In The Child Protective Services Investigative Setting

The key role of the child protective services (CPS) investigator is to determine if a child is at risk of harm. When a child is in immediate danger, CPS and/or law enforcement work to ensure the child’s safety. Often a safety plan is developed which will keep a child safe at home. When that is not possible the child may be taken into protective supervision.

If the unequivocal assessment indicates a high risk of danger everyone agrees that the child may be removed on an emergency basis. When that determination is not so certain, and the evidence is not incontrovertible, the investigator may nonetheless believe it would prudent for the child, temporarily, to go elsewhere or for certain changes in the household to take place. Toward that end, the investigator may try to influence, encourage, or persuade the caregiver to take certain actions for the child’s betterment.… View Full Article → “Child Protective Services and Coercion”

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