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Columbus Family Law Blog

After losing weight, Toledo boy returned home to Mom

Last fall a Cleveland, Ohio, juvenile judge removed a 9-year-old from his mother's care and put him in a foster home because he was grossly obese. Concerned about the boy's welfare and health risks of developing diabetes and high blood pressure, Cuyahoga County Children and Family Services began working with the boy's mother for more than a year before he was removed from her custody.

The county said the mother was not doing enough to control his weight and he was placed in foster care for several months, and then remitted to the care of his uncle. Since October the boy lost 50 pounds by swimming, playing basketball and going to a gym three nights a week. The boy now weighs 166 pounds, but growth charts say boys his age weigh an average of 60 pounds.

Because of all the publicity surrounding this custody battle, the local YMCA donated a membership for the boy and the National Association for the Advancement of Colored People gave the family a scale and some pieces of home exercise equipment.

Federal law could protect military mothers and fathers

It is not uncommon for family law judges to take one's military service into consideration when making child custody decisions. If a parent is deployed, or has a chance of being deployed, it is sometimes enough to sway a judge's opinion of what is in the best interest of a child. Ohio's third district U.S. Representative Mike Turner has again introduced legislation that would protect the child custody rights of military members.

The Servicemember Family Protection Act would amend the Servicemembers Civil Relief Act creating a national family law protecting child custody arrangements of deployed parents. If a child custody motion is filed while the military parent is deployed, the new law would not allow any modification to a previous custody judgment until that parent gets home. The bill would also prohibit family court judges from taking into account the past absence of a parent because of deployment or possible future deployment when deciding custody and placement disputes.

Change in law would allow former prisoners to work, pay support

Making re-entry into the workforce for ex-offenders easier and once again becoming productive citizens is the reason for a new Ohio house bill. Often, nonviolent ex-offenders find it difficult to find and hold a job because of their criminal convictions. In addition, the loss of their driver's license is a huge obstacle. This bill would make the re-employment process easier for those who have paid their debt to society and want to become productive citizens again, including paying their child support.

The bi-partisan legislation would provide a better way for released inmates to overcome job-related obstacles called collateral sanctions. Without it, lawmakers say the fallout from not providing a second chance to people will simply keep them on social programs, or even push them back into jail. The ultimate goal of the bill is to allow released prisoners to become tax-paying workers once again and live up to their responsibilities.

According to the proposed bill, ex-offenders could petition the state's Department of Rehabilitation and Correction to ask for help from the courts in getting a job. Assistance would come in the area of sealing and/or destroying their criminal records. Government leaders and advocacy groups agree, there is no benefit to banish ex-criminals from the work force.

Shared parenting not automatic in Ohio

When couples divorce in Ohio, deciding on a parenting plan is often one of the most contentious parts of their divorce decree. While one parent may have traditionally provided most of the care, like taking the children to and from school, doctors appointments and dance class, it doesn't always mean they will get the lion's share of custody or visitation. Judges usually start at an equal portion of parenting time, then take extenuating circumstances into consideration. Custody is determined on a case-by-case basis for the best interest of the child.

Many couples become angry and bitter toward the other parent during custody disputes because they use the children as pawn to point out the other parent's faults. If one parent has traditionally been too busy to spend much time with the children because of their career, that doesn't mean their priorities won't change during divorce proceedings or to fulfill the parenting plan. Not only does parenting time mean visitation, but courts also take into consideration the education, health and welfare of the children.

Equally shared parenting may not always be possible if a parent travels a lot or has medical issues. But the courts know that children love both of their parents and do best when they get to spend time with both of them.

Ohio researcher reveals 'the gray divorce revolution'

The divorce rate of people over 50 years old has doubled since 1990. Sociologists studying the phenomenon presented their research findings at the Ohio State University earlier this week. They also found that more often than not, the divorces are initiated by the wife.

Infidelity or abuse used to be the common reasons women would seek a divorce. But now, older women who have raised their children are seeking a new start and a more enjoyable second half of their life.

Remarkably, the divorce rate during the same time period has remained stable, which means the Generation X-ers are staying married and the children of Baby Boomers have more stable marriages than their parents did. Regardless of age, the research found that the meaning of marriage has also changed drastically. Nowadays, people get married believing that marriage will bring them personal fulfillment.

Number of children born to unmarried couples continues to grow

The number of children being born to unmarried couples, single mothers and same sex couples continues to grow at a rapid rate according to a new National Survey of Family Growth conducted by the National Center for Health Statistics. The percentage of children born to unmarried parents who live together jumped 83 percent since 2002. The percentage of births to cohabitating women jumped from 9 percent in 1985 to 27 percent. The study was conducted with face-to-face interviews with 23,000 men and women between the ages of 15 to 44 between 2006 and 2010.

A sociologist at Bowling Green State University in Ohio believes the remarkable increase may be due to the recession and called marriage an "achievement" that many people today don't think they are economically ready for. Living together and having children out of wedlock seems to be more widely accepted with less of a stigma attached to it. The study also showed that more educated, middle-class women are cohabitating with the father of their children, but delaying marriage. In 2002, the percentage of first births for unmarried women was 38 percent. In 2010, the percentage of children born to unmarried couples was 46 percent.

Ohio court sentences deadbeat dad to jail

A 30-year old Dayton man was sentenced to 11 months in jail for non-support. Sentenced in Clinton County Common Pleas Court last Friday, he owes more than $33,000 in back child support payments. He did not make any child support payments from August 2007 through July 2011. He pleaded guilty to three counts of non-support charges and was ordered to pay $23,674 in restitution.

His prison sentence is more than the recommended minimum required. The judge said the man's 10-year criminal record had an influence on the sentence handed down. One of the criminal complaints against the man includes an assault charge upon the mother of the child he is not supporting. A hearing to modify his child support payments was also scheduled at the local support agency.

When non-custodial parents neglect child support payments, the state utilizes several escalating tactics to collect. They start with credit reporting, revocation of professional licenses and eventually increase the total amount of payment due. Once the matter is elevated to the court system, the offender is held in contempt and must pay court fines and face jail time.

How Ohio divides retirement benefits after divorce

Dividing assets during a divorce not only includes real property, homes, cars, bank accounts and the book collection; it also includes your retirement accounts. The Ohio Supreme Court has ruled that retirement benefits including private and public plans such as 401(k) accounts, IRAs, Social Security, pension plans and deferred compensation plans accumulated during the marriage are considered marital assets and must be divided fairly.

The current value of plans based on publicly traded stocks and bonds must be determined and divided equitably in a divorce settlement. Financial experts often disagree on how to make those calculations. Even death benefits before retirement and cost of living adjustments must be considered. However, any pre-marriage contributions and their appreciation are not included in the value.

The fair division of these assets can be executed in several ways. Each spouse can take half of each account, they can assume one or more plans equaling an equitable split, or you can award your spouse full ownership of another marital asset of equal value, such as your house.

New trends in single living for divorced Ohio dads

When Ohio couples get divorced, the stereotypical scenario is that the mother stays in the family home with the children and the part-time weekend warrior dad moves to some schlep apartment. A new bachelor pad of sorts that often looks like a throwback to their college days. But it doesn't have to be that way. Innovative custody arrangements that work for the parents and provide stability for the children are being approved in courtrooms every day.

A new niche in the Columbus home designing world includes decorating for divorced dads. Increasingly, fathers are seeking joint custody of their children and they don't want their kids to come visit them in a drab, empty apartment that makes them uncomfortable. They want to establish a new fun, cheery and welcoming home. And they want to do it quickly to make the transition for their children as easy as possible.

Economic alternatives to divorce in a weak economy

We all know that money is one of the main reasons couples argue and split up. In a weak economy, money problems add more pressure and stress on relationships, partnerships and marriages. Therefore, you may be surprised to learn that the number of family law cases filed in some of our neighboring Ohio counties has actually dropped about 7 percent in the past five years.

Many attribute the decline not to marital bliss, but couples simply cannot afford to separate or divorce and have two households to maintain. In addition, when couples have less income, they can't afford the cost of a traditional divorce. Complicating matters is the dismal housing market which makes dividing assets and property nearly impossible. After having a home on the market for months and months after their divorce is final, some couples are forced to foreclose or conduct short sales

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