Ohio family law

Tips for Navigating Ohio Back-to-School Custody Disputes

Ohio Back-To-School Custody Disputes: What You Need To Know

As summer winds down, families across Ohio begin preparing for the new school year. While purchasing supplies, adjusting sleep schedules and helping with homework is stressful for any parent, divorced parents may face an added layer of difficulty: disagreements over school decisions.

Whether you and your ex disagree about school enrollment, extracurricular participation, or transportation schedules, Ohio back-to-school custody disputes can quickly lead to conflict. Knowing how Ohio law addresses these decisions can help protect your child’s daily routine and minimize stress for everyone involved.

1. Look to Your Court Order and Parenting Plan First

Under Ohio law, your court-ordered custody arrangement or Shared Parenting Plan serves as the primary roadmap for major decisions about your children’s well being, including education.

Before the school year begins, review these documents for specific terms regarding:

Who has final decision-making authority over school enrollment or are you required to reach a mutual agreement?

… View Full Article →

Medicaid Divorce in Ohio: Risks, Pitfalls & Alternatives

Medicaid Divorce in Ohio: What You Need to Know

Publisher’s Note:

A potential client was referred to me by a local lawyer to help her initiate a “Medicaid Divorce” as her husband had lost his job, has significant medical issues and outrageous medical bills. She explained that he didn’t qualify for Medicaid because of her income and she is unable to maintain the house and support him. She wanted a divorce but remain together. The call raised all sorts of red flags!

I referred her to the law firm of Demarest + Demarest in Bellbrook to obtain the Medicaid planning advice she desperately needed. We have been partnering with Demarest & Demarest on estate planning, probate, elder law and Medicaid planning matters for almost 2 years. They do EXCELLENT work! I knew they could help her plan and consider other alternatives available.

This call also led me to suggest to Gwen and Cullen Demarest that we write this blog together to perhaps provide the public with some valuable information for those who are experiencing similar hardships.… View Full Article → “Medicaid Divorce in Ohio: Risks, Pitfalls & Alternatives”

Ohio Uncontested Divorces: Why Ohio Requires a Corroborating Witness

Uncontested Divorce in Ohio: What You Should Know

If you are considering an Ohio uncontested divorce, you may be surprised to learn that Ohio law retains a special requirement: the plaintiff must bring a corroborating witness to the final hearing. While this can feel unnecessary even when both spouses agree, understanding why this rule exists makes navigating an Ohio uncontested divorce easier.

Under Ohio Rule of Civil Procedure 75(M), a court cannot grant a divorce solely on the testimony of one spouse; grounds for divorce must be backed up by a third party (corroborating witness). Even if your spouse defaults (fails to respond) or agrees to all terms, the court needs independent confirmation before terminating the marriage unless BOTH parties attend the final divorce hearing.

The Primary Reason for This Rule in an Ohio Uncontested Divorce

The corroborating-witness requirement is one of the more unusual aspects of an Ohio uncontested divorce.… View Full Article → “Ohio Uncontested Divorces: Why Ohio Requires a Corroborating Witness”

The Greatest Gift for Your Kids: Why ‘Winning’ a Divorce is the Wrong Goal

A Better Path: Collaborative Divorce in Ohio

In my 40+ years of practicing divorce litigation, I’ve seen a common thread: parents walk into court wanting to “win,” only to realize later that the “battle” cost them far more than they gained. For many families considering collaborative divorce in Ohio, the goal isn’t to win a battle—it’s to reach a fair resolution while protecting the children involved.

When children are involved, the traditional notion of winning-getting more assets, paying less support, or “proving” the other spouse was wrong-often backfires. The real end goal should be arriving at a fair result while protecting the emotional health of your family. It’s important to note that Ohio’s legal landscape is catching up to this philosophy.

These changes are also relevant to parents considering collaborative divorce in Ohio. Recent changes, including Senate Bill 174, are moving our courts away from high-conflict terms like “custody” and “visitation.”… View Full Article → “The Greatest Gift for Your Kids: Why ‘Winning’ a Divorce is the Wrong Goal”

What ‘Over Your Dead Body’ Teaches About Divorce, Resentment, and Moving On

Why Ohio Divorce Advice Focuses on Solutions Instead of Revenge

The dark comedy Over Your Dead Body offers an exaggerated look at what can happen when resentment takes over a marriage. For anyone seeking Ohio divorce advice, the movie offers an important lesson: focus on solutions instead of revenge.

The dark comedy Over Your Dead Body follows a married couple who retreat to a secluded cabin in an attempt to repair their struggling marriage. Unfortunately, both spouses arrive with a secret plan to kill the other. While the movie’s premise is intentionally outrageous, it highlights a problem that family law attorneys see every day: what happens when resentment replaces communication.
Most divorcing spouses are not plotting murder, of course. However, many enter the divorce process carrying years of frustration, anger, and unresolved conflict. By the time the marriage ends, they may view their spouse as an enemy rather than someone with whom they once shared a life.… View Full Article → “What ‘Over Your Dead Body’ Teaches About Divorce, Resentment, and Moving On”

Summer Parenting Time in Ohio: Vacation, Travel & Custody Issues

Your Parenting Plan: The Roadmap for Ohio Summer Parenting Time

Summer is supposed to be a season for making memories, relaxing, and stepping away from the rigid routine of the school year. But for co-parents navigating an Ohio custody agreement, Ohio summer parenting time can quickly become one of the most stressful parts of the year.

Between planning out-of-state vacations, coordinating sports camps, and handling passport logistics, summer can turn your normal parenting schedule completely on its head. If you are starting to notice friction over summer travel plans, you aren’t alone.

Navigating summer parenting time can be difficult, but maintaining the peace with your co-parent is the best way to keep your child’s well-being at the center of every decision.

1. Your Parenting Plan Is the Roadmap for Ohio Summer Parenting Time

Before booking flights or telling the kids about a trip, your very first step should be reviewing your custody agreement or shared parenting Before booking flights or telling the kids about a trip, your very first step should be reviewing your custody agreement or shared parenting plan.… View Full Article → “Summer Parenting Time in Ohio: Vacation, Travel & Custody Issues”

Keeping Families Safe: Understanding Ohio’s Proposed Repeat Domestic Violence Registry

House Bill 846: What Is Ohio’s Proposed Domestic Violence Registry?

In Ohio’s proposed domestic violence registry is drawing statewide attention as lawmakers consider House Bill 846, legislation that would create a public registry for repeat domestic violence offenders. Designed to improve public safety and help protect survivors, the proposal would establish a statewide database similar in concept to Ohio’s existing sex offender registry. Aimed at protecting survivors and preventing future tragedies, House Bill 846 proposes the creation of a statewide registry for repeat domestic violence offenders—a system that would operate similarly to the existing sex offender registry.

The proposed Ohio domestic violence registry would operate similarly to the state’s existing sex offender registry. The bill, spearheaded by a bipartisan group of lawmakers including Representatives Phil Plummer (R-Dayton) and Crystal Lett (D-Columbus), seeks to provide the public and law enforcement with a vital tool to identify individuals with a history of domestic violence.… View Full Article → “Keeping Families Safe: Understanding Ohio’s Proposed Repeat Domestic Violence Registry”

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