Custody Case Change – The Requirements

By Robert "Chip" Mues   |   March 22nd, 2014

What Legal Requirements Must Be Established For A Custody Case Change In Ohio?

This is a follow-up article to guest contributor Judianne Cochran’s post of March 1, 2014 titled “Custody Issues: Post-Decree Modification in Ohio”.

In that article Judi focused primarily on the importance of hiring a seasoned family law lawyer that frequently litigates post-decree custody matters.  In this article I want to discuss the legal requirements that must be provided to be successful in a change of custody case.

If you are looking to modify your divorce decree, one of the first major obstacles you will face is determining whether or not you have met the standard for a “change of circumstances” which is required before any modification can occur.  There are a few resources we can look to that provide insight as to what this amounts to, including case law and statutes.

Statute:

Ohio Revised Code Section 3109.04 (E)(1)(a) gives us a quick glimpse and some stern words on what it takes to meet the “change of circumstances” required.… View Full Article → “Custody Case Change – The Requirements”

Breaking Bad Habits: If Your Resolutions Are Slipping Away

By Guest Contributor Donna F. Ferber, LPC, LADC   |   March 15th, 2014

Research shows that most people have given up on their New Year’s Resolutions by the third week of January. Here are a couple of tips that might help you beat the odds and reach your goal.

Refocus – When the urge/craving comes on for that chocolate éclair, glass of wine, or fabulous new boots, refocusing your thoughts can go a long way in helping you slow down those urges. How does this work? Think of it as procrastination for a good cause. Most of us can find a gazillion other things to focus on instead of, say, cleaning the bathroom or doing our taxes. Refocus is simply shifting your thoughts to something else – read a book, work out, or even clean the bathroom or do your taxes early. By the time you are through with this new chore you will find your craving has passed.

Revalue – Instead of thinking about how good that cigarette will feel, think about it blackening your lungs.… View Full Article → “Breaking Bad Habits: If Your Resolutions Are Slipping Away”

Divorce Rates on the Climb as the Economy Recovers

By Robert "Chip" Mues   |   March 8th, 2014

Recent Spike In Divorce Rates Tied To Economy Study Suggests

Interestingly, while the total number of new cases filed in Ohio in 2012 hit a 10-year low, the same cannot be said about divorce actions.  Ohio has seen a recent spike in divorce after a steady decline for the past decade.  To get a better grasp on why this is occurring, we must first look at the statistics of divorce in the Greater Dayton Area and Ohio in general.

In Montgomery County, according to the Ohio Department of Public Health, the 2010 divorce rate was 65.2 per 100 marriages. The 2009 rate was 60 per 100, and the 2008 was 53.5 per 100.

Comparing Montgomery County to the rest of Ohio in 2010, Montgomery County had a rate of nearly 10 marriages per 100 higher that ended in divorce. (Ohio’s 2010 rate was just over 50 per 100).

A recent divorce study found that nationwide, divorces often increase with the economy.  … View Full Article → “Divorce Rates on the Climb as the Economy Recovers”

Custody Issues: Post-Decree Modification in Ohio

By Guest Contributor, Judianne Cochran   |   March 1st, 2014

Several Things To Know If You File To Modify Your Post-Decree Custody Order

Hire A Qualified Family Law Attorney To Present And Argue Your Custody Case

Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio.

There are several issues that you need to address if you have decided that you need to modify your original custody order.  The first is whether your case meets the necessary criteria for modification – the primary of which is a “change of circumstance”.  One thing you must understand is that this does NOT include the myth that at a certain age the child can make a choice – this is not supported by law. A child’s wishes may be considered but are not valid grounds to modify a custody order.  … View Full Article → “Custody Issues: Post-Decree Modification in Ohio”

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”

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