International Custody: A Hague Convention Case Dispute

By Anne Shale   |   March 16th, 2013

Supreme Court Renders Decision in International Custody Case, Chafin v. Chafin

The international custody case of Chafin v. Chafin was previously discussed in our Ohio Family Law Blog article of October 6, 2012. (“Child Custody Dispute to be Decided By the U.S. Supreme Court”)  The Father in this case is a citizen of the United States and an active duty member of the United States Army.  The Mother is a citizen of Scotland and she presently has custody of the parties’ minor daughter, Eris Chafin.  Mother and Daughter have been living in Scotland since October 2011.

The procedural/factual history of this international custody case is as follows:

  • The parties married in March 2006 while Sgt. Chafin was stationed in Germany.  Eris Chafin was born the following year in 2007.  While Sgt. Chafin was deployed to Afghanistan for 15 months in 2007-2008, Mother moved with the minor child to her native Scotland.
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Guardian Ad Litem: The Difference Between Winning And Losing

By Charles W. Morrison   |   March 2nd, 2013

What To Do When The Guardian Ad Litem Is Not Doing A Thorough Job

Those that have been involved in custody litigation are probably aware of the important role that a Guardian ad Litem (GAL) can play in the outcome.  In fact, when both parties otherwise appear suitable, the GAL’s report can sometimes be the tie-breaker for the Judge or Magistrate hearing the case.  The input from the Guardian ad Litem is usually taken very seriously by the Court due to the fact it is thought to come from someone that is in a neutral position, has only the best interests of the children in mind, and has almost unfettered access to relevant information, such as the home life of both parents, the children’s school teachers and counselors as well as other important persons.  In short, having a favorable Guardian ad Litem report can be the difference between winning and losing.… View Full Article → “Guardian Ad Litem: The Difference Between Winning And Losing”

Post-Traumatic Stress Disorder Treatments Effective?

By Robert "Chip" Mues   |   February 23rd, 2013

A New Study Suggests that Psychological Therapies Improve Life for Children with Post-Traumatic Stress Disorder

Post-traumatic stress disorder (PTSD) is highly prevalent in children and adolescents who have experienced traumatic events such as child abuse, violence, road accidents or natural disasters. In children, post-traumatic stress disorder can lead to delayed development and behavioral problems. More generally, it is associated with anxiety, depression and suicidal tendencies. The aim of this review was to examine the effectiveness of all psychological therapies for the treatment of post-traumatic stress disorder in children and adolescents.

In this first systematic review of post-traumatic stress disorder (PTSD) in young people age three to eighteen, researchers found that children diagnosed with post-traumatic stress disorder showed signs of improvement up to three months following treatment.  The psychological therapies used in the review were cognitive behavioral therapy (CBT), exposure-based, psychodynamic, narrative, supportive counseling, and eye movement desensitization and reprocessing (EMDR).

However, no systematic review analyzing the potential benefits of these therapies has been undertaken until now.… View Full Article → “Post-Traumatic Stress Disorder Treatments Effective?”

Tax: Effects of the “Fiscal Cliff” Legislation

By Joseph E. Balmer   |   February 16th, 2013

Compromise Reached, But How Does It Effect Tax Planning For 2013?

In December, 2012, we addressed the looming “fiscal cliff” tax ramifications and potential last-minute tax planning.  With legislation finally passed in late December, in order to prevent widespread tax increases and steep spending cuts, it is a good time to look at the highlights of the legislation and how it affects taxpayers.

  1. Income tax rates.  A compromise was reached on income tax rates.  Although neither side attained its goals, tax cuts were extended on incomes up to $400,000 for individuals and $450,000 for couples.  Earnings above that are taxed at 39.6%, up from 35%.  Many liberals and conservatives were unhappy with this compromise that extends the tax cuts for most taxpayers.  Unless new legislation is passed, this extension is permanent.
  2. Estate taxes.  The federal estate tax exemption remains at $5 million (adjusted for inflation) and up to $10 million for family estates.  
View Full Article → “Tax: Effects of the “Fiscal Cliff” Legislation”

Marriage: Don’t Ignore the Legal Requirements Before Getting Married, Plan Ahead!

By Anne Shale   |   February 9th, 2013

Requirements Can Be Different In Each State For Obtaining A Marriage License

As I have done in the past, I am utilizing the experience of a family member, my son, as the basis for this family law blog article. He and Renae have been engaged for less than a year and they decided that they would like to “tie the knot” on New Year’s Eve 2012. Unfortunately, they had not looked into the marriage laws of Illinois (where they live) or of Ohio (where both used to live and where their families live) to determine the requirements for obtaining a marriage license.

On December 31, 2012, my son went to the Probate Court of Boone County, Illinois to obtain a marriage license. The Court was not open due to their holiday schedule so obtaining a license that day was impossible. Even if the Court had been open, the State of Illinois has a one (1) day waiting period between obtaining a marriage license and the date the ceremony can be performed.… View Full Article → “Marriage: Don’t Ignore the Legal Requirements Before Getting Married, Plan Ahead!”

Twelve Step Programs – Debunking the Myths

By Guest Contributor Donna F. Ferber, LPC, LADC   |   February 2nd, 2013

Exposing The Eight Most Common Arguments For Not Attending Twelve Step Programs

As an alcohol and drug abuse counselor, I work with many people who are struggling with addiction or substance abuse. Whether you are the one struggling or you have a loved one who is battling the disease, I always recommend a Twelve Step Program. Unfortunately, I am almost always met with resistance. Much of that resistance comes from misconceptions about what Twelve Step Programs are all about, so I will address some of the biggest myths here. These are the eight most common arguments I hear for not attending Twelve Step meetings. (For brevity and clarity, I am using the terms alcoholic and addict interchangeably. When I use the terms “alcohol” or “drugs”, you can substitute any addiction- including gambling. pornography, prescription or illicit drugs.)

  1. Twelve Step Programs are a cult or religion. I know this because they all meet in churches and are very secretive.
View Full Article → “Twelve Step Programs – Debunking the Myths”

Texting While Driving Ban Now in Effect in Ohio

By Charles W. Morrison   |   January 26th, 2013

New Ohio Texting Law Focuses On Minors Under The Age Of 18

The new Ohio texting ban went into effect on January 1, 2013. No longer are police just issuing warning tickets as they had been doing since September 2012.  After reviewing H.B 99 it’s fairly evident that the law primarily focuses on minors under the age of 18.

Strict Enforcement for Minors:

The new law makes texting, emailing, talking on your phone through any method, using computer, laptop, tablet, playing video games, or using a non-hands free GPS while driving a primary offense.  A “primary offense” means that any of the above acts can trigger a traffic stop and ticket.  This gives great authority to police officers executing this portion of the law.  Merely witnessing a minor with an electronic device in a vehicle is almost immediate grounds for a traffic stop. If you are a minor, you had better put your phone away while diving!… View Full Article → “Texting While Driving Ban Now in Effect in Ohio”

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