Military Parents Face Unique Homecoming Battles

By Guest Contributor, Judianne Cochran   |   August 31st, 2013

Upon Return, Military Parent Finds An Empty House and Their Child Abducted. What Happened To The Happy Reunion?

In the last few years we have all watched the televised homecomings of military personnel returning from tours of duty to see their loved ones, more often than not children overjoyed to be in the arms of fathers and mothers once again.  But what do we see of the not-too-happy homecomings where the returning parent’s outstretched arms are left empty and cold?  This is the picture which should be burned into our minds each time we see a happy reunion.  For each of those joyous televised feel-good sound bites there is a parent who will step into a battle more heartbreaking than the battlefield they have just left, more grievous than any physical injury they may have sustained along the way.

That battle will take place in a family courtroom somewhere “back home”, hopefully in their HOR, Home of Record as recorded in the military file, but increasingly in jurisdictions where the returning soldier or sailor has never been.  … View Full Article → “Military Parents Face Unique Homecoming Battles”

Domestic Violence Specialist in Greene County, Ohio – Role And Function

By Anne Shale   |   August 24th, 2013

Sheri Hall, A Domestic Violence Specialist, Reveals How The Position Functions In Greene County, Ohio, Domestic Relations Court

Our law firm represents clients in the greater Dayton, Ohio geographical area and we routinely accept cases in the counties of Montgomery, Greene, Warren, Clark, Preble and Miami.  On a recent afternoon in August 2013, I spent time at the Domestic Relations Court of Greene County, Ohio to interview their Domestic Violence Specialist, Sheri Hall.  This Family Law Blog article is intended to provide information to our readers relative to the roles and functions of this Court employee.

Sheri Hall was hired by the Greene County Domestic Relations Court in 2001 while Judge Judson Shattuck was the Judge of that Court.  He hired her away from the Family Violence Prevention Center where she served as an Advocate/Admissions Employee.  She emphasized to me that while she served as an “advocate” for her former employer, she is to serve an objective role in her present position of employment.… View Full Article → “Domestic Violence Specialist in Greene County, Ohio – Role And Function”

Summer Vacations and the Divorced Family

Divorced Family During Summer Vacations? How To Get through The Downtime

“As I watched my children wait at the window for their father to arrive, I couldn’t believe the flood of feelings I experienced,” Julie, thirty-eight, a divorced mother of two boys, seven and nine, explained. “Their father is taking them to New York with his girlfriend. Her parents own a large summer house in the Adirondacks. She has six brothers and sisters, all married with children. They are all coming this week for a family reunion.”

“As an only child raised in a large city, I never had this kind of experience. I am excited for my children that they can have all these new people in their lives. They will get the experience of a large family. I find myself wishing that I could give them such an experience. I wonder if they will love this new family more than they love me.… View Full Article → “Summer Vacations and the Divorced Family”

Rape Aftermath: Child Custody And Control

By Robert "Chip" Mues   |   August 3rd, 2013

Can a Rapist Obtain Custody and Visitation of a Child Conceived Through Rape?

Very few states have statutes limiting the ability of a man who fathered a child through rape from asserting his parental rights.  Rape and its aftermath is a serious and significant problem faced by our country.  Though many rapes go unreported, it is estimated that roughly 25,000 women become pregnant through rape each year. A significant amount of women who become pregnant through rape each year choose to raise their children.  Despite this, surprisingly little statutory protection exist for these women who chose to raise their children.

Statutory Protections Limited In Rape Parental Rights

Every state imposes criminal sanctions for rape. However, only sixteen states have promulgated statutes which aid women who became pregnant through rape and decided to raise their children. A man who fathers a child through rape has the same rights as any other father with respect to their children.… View Full Article → “Rape Aftermath: Child Custody And Control”

Same-Sex Marriage in Ohio: The Debate Begins!

By Charles W. Morrison   |   July 27th, 2013

Ohio Judge Recognizes Same-Sex Marriage Performed In Another State As Legal

On Monday, federal Magistrate Judge Timothy Black could have opened the door to more lawsuits regarding same-sex marriage in Ohio.  Judge Black issued a temporary restraining order against multiple public officials (including Governor Kasich and Attorney General Mike DeWine) which prohibits those persons from enforcing provisions of Ohio law which prohibit state officials and institutions from recognizing same-sex marriages lawfully performed in other states in the case of Obergefell, et al. v. Kasich, et al., W.D.Ohio No. 1:13-cv-501 (July 22, 2013).

Background:

Jim Obergefell and John Arthur have been together for over 20 years.  John Arthur is currently bedridden with ALS, a neurological disease which all parties agreed will take his life in the very near future.   With the United States Supreme Court’s recent ruling in United States v. Windsor, striking down the federal Defense of Marriage Act (DOMA), Jim and John decided it was time to take the plunge and get married.  … View Full Article → “Same-Sex Marriage in Ohio: The Debate Begins!”

Parent Questionnaire and Information Sheet

By Anne Shale   |   July 13th, 2013

Completing the Parent Questionnaire/Information Sheet in Your Divorce

If you are a resident of the State of Ohio and the County of Montgomery, Rule 4.28 of the Local Rules of the Domestic Relations Court, reflects that the “Court requires that all parties in divorce or legal separation cases involving minor children, complete and return to the Court a Parent Questionnaire and Information Sheet prior to the final hearing in the proceeding. What information is addressed by the Parent Questionnaire and Information Sheet?

The Court is making inquiry regarding certain basic information from each party:

A.  Personal Information. The Court is seeking information as to the party’s mailing address, telephone number(s), current position of employment, current work schedule, employment history, and name and phone number of the party’s attorney.

How could this information be useful to the Court? The Court would see “red flags” if a party is without current employment as issues would be raised as to child support and spousal support.… View Full Article → “Parent Questionnaire and Information Sheet”

Custody Issues: Finding a “Qualified” Therapist

By Guest Contributor, Judianne Cochran   |   July 6th, 2013

Tips On How To Select The Right Therapist In Serious Custody Cases

I have been asked repeatedly what is meant by “qualified” when selecting a therapist to deal with issues related to contentious custody situations.  Too often much valuable time is wasted on counselors who have no experience dealing with the ramifications of custodial interference, parental alienating behaviors and repeated false allegations.  Too many people just look at the words “family counseling” and don’t go the extra interview step to discover what experience the counselor has in custody issues and whether the person has even been qualified to testify in court.   Often the random selection of therapists does more harm than good and the client finds himself back at square one after the therapist finally admits the situation is outside his/her abilities and expertise.

Now that DSM-5 has finally included these behaviors, the effect on the parent-child relationship and the devastating psychological effects on the children, it is extremely important to select well skilled and qualified therapists.  … View Full Article → “Custody Issues: Finding a “Qualified” Therapist”

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