Ohio recognizes in the inherent right of parents to make decisions
regarding their children's upbringing. But grandparents also have rights that are statutorily defined.
If grandparents are prohibited from seeing their
grandchildren the courts can
become involved, in certain circumstances, to determine if the statutory
requirements are met for granting
grandparent time.
The most crucial requirement for the assertion of grandparent rights is there be a court action involving a "divorce, dissolution of marriage, legal separation, annulment, or child support proceeding" involving the child. Once a court has jurisdiction over a child, that court can also determine whether grandparents should be permitted visitation rights with their grandchild.
The Nicodemus Law Office has worked with
both parents and grandparents in these
matters. Whether you are a
grandparent yearning to see your grandchild or a
parent seeking to prohibit grandparent time,
contact the Nicodemus Law Office at 740-422-9280 or complete the CONTACT FORM to schedule a consultation.
Showing posts with label Family Law. Show all posts
Showing posts with label Family Law. Show all posts
Thursday, March 8, 2018
Tuesday, March 6, 2018
Divorce or Dissolution
The decision to end a marriage is never an easy one, even when
both parties agree that the marriage should end.
The decision, and the process is even more difficult when
you and your spouse are less than amicable. Children, business
interests, and long term marriages add additional stress and tension. Divorce and Dissolution are the two most common ways to terminate a marriage in Ohio. However, many people don't understand the difference between the two.
If you have been served with divorce papers or are contemplating ending your marriage, contact the Nicodemus Law Office at 740-422-9280 or by completing the CONTACT FORM to schedule a consultation to discuss your rights.
While it is true that most divorces are resolved prior to trial, that resolution only comes after the parties and their attorneys fully discuss and litigate all the issues. Litigating these matters may also include Guardians for the children or experts to place values on marital property and businesses. Divorces, even when they resolve without a trial, can take a year or more to complete.
Dissolutions are often resolved much quicker than divorces. By law, once a Petition for Dissolution is filed, the court must hear the matter within 90 days.
If you have been served with divorce papers or are contemplating ending your marriage, contact the Nicodemus Law Office at 740-422-9280 or by completing the CONTACT FORM to schedule a consultation to discuss your rights.
Divorce
Divorce is adversarial by nature - one spouse suing another. The State of Ohio has enumerated 11 specific reasons a person may file for and be granted a divorce (see RC 3105.01). Often the most contentious issues in a divorce are not the the reasons for the divorce but are instead the issues of custody of children and division of the marital property.While it is true that most divorces are resolved prior to trial, that resolution only comes after the parties and their attorneys fully discuss and litigate all the issues. Litigating these matters may also include Guardians for the children or experts to place values on marital property and businesses. Divorces, even when they resolve without a trial, can take a year or more to complete.
Dissolution
A Dissolution may be an appropriate way to terminate a marriage when both parties are aware and agree that a marriage needs to end and they believe they can resolve all marital matters between themselves amicably. Sometimes, even when spouses haven't fully agreed on all issues, they may agree a dissolution is preferable (often when children are involved) and will engage an attorneys to help resolve any issues.Dissolutions are often resolved much quicker than divorces. By law, once a Petition for Dissolution is filed, the court must hear the matter within 90 days.
Friday, March 2, 2018
Family Law Overview
Family Law, also known as Domestic Relations, is the broad area of law covering most legal topics that deal with families and
relationships. Some of the areas of law included are divorce (and dissolution), alimony/spousal support, paternity, child custody and
parental rights, child support, and grandparent or third-party custody and visitation.
Family law is often emotionally and physically trying on everyone, especially when dealing with children. And domestic relations courts often move in slow and measured steps to assure children are properly protected and cared for - this means a divorce involving children can take over a year to complete.
Working with our clients the Nicodemus Law Office strives to lessen your stress of being in domestic relations court while ensuring you fully understand the entire court process while protecting your rights and interests.
Contact the Nicodemus Law Office at 740-422-9280 or complete the CONTACT FORM to schedule your consultation.
Family law is often emotionally and physically trying on everyone, especially when dealing with children. And domestic relations courts often move in slow and measured steps to assure children are properly protected and cared for - this means a divorce involving children can take over a year to complete.
Working with our clients the Nicodemus Law Office strives to lessen your stress of being in domestic relations court while ensuring you fully understand the entire court process while protecting your rights and interests.
Contact the Nicodemus Law Office at 740-422-9280 or complete the CONTACT FORM to schedule your consultation.
Friday, January 5, 2018
Updating Child Support
Ohio's child support laws severely need updated. Of the many issues with the current child support laws, it uses financial data from the 1980s to calculate current support obligations and there is no allocation, absent the judge's discretion, for the time children spend with each parent and how that should affect child support.
For instance, a parent could be ordered to pay the full child support amount despite the fact he/she has shared parenting and the child 50% of the time. The court is not required to give a deviation for the additional time. Think about it: a parent could have a monthly child support obligation of $1,000 - which is to help provide for the child while he/she is with the other parent - but that same parent has the child 2 weeks out of the month and is responsible for food, shelter, etc, during that time but still pays the other parent $250 per week while the child is not with that parent. This creates a financial incentive for one parent to agree to shared parenting and equal parenting time but not agree to a child support deviation - a judge would then have to determine a child support obligation and the judge is not required to deviation for the additional time with the paying parent.
Several years ago I had such a case - my client was ordered to pay the child support and there was no deviation granted for the additional parentign time my client had. We objected to the decision and the trial court then increased the child support obligation. We appealed the decision and ultimately lost. We lost not because the court agreed with the child support order or even thought it was appropriate, we lost because decades of precedent had established judicial discretion in determination whether or not to deviate child support and the judge did not abuse her discretion. Stare decisis was not my friend that day.
For the past couple of sessions, legislators have introduced bills to modernize the child support laws but they usually fail to gather any traction - sometime they don't even get a hearing. Admittedly, I have not read the complete bill being proposed but based on the summaries I have reviewed I am not convinced the current proposal will fix all of the problems with the current child support laws. But any modernization and update will surely be an improvement.
https://www.cincinnati.com/story/news/politics/2018/01/02/ohios-child-support-system-everyone-agrees-its-broken-but-fix-has-taken-25-years-and-counting/918782001/
For instance, a parent could be ordered to pay the full child support amount despite the fact he/she has shared parenting and the child 50% of the time. The court is not required to give a deviation for the additional time. Think about it: a parent could have a monthly child support obligation of $1,000 - which is to help provide for the child while he/she is with the other parent - but that same parent has the child 2 weeks out of the month and is responsible for food, shelter, etc, during that time but still pays the other parent $250 per week while the child is not with that parent. This creates a financial incentive for one parent to agree to shared parenting and equal parenting time but not agree to a child support deviation - a judge would then have to determine a child support obligation and the judge is not required to deviation for the additional time with the paying parent.
Several years ago I had such a case - my client was ordered to pay the child support and there was no deviation granted for the additional parentign time my client had. We objected to the decision and the trial court then increased the child support obligation. We appealed the decision and ultimately lost. We lost not because the court agreed with the child support order or even thought it was appropriate, we lost because decades of precedent had established judicial discretion in determination whether or not to deviate child support and the judge did not abuse her discretion. Stare decisis was not my friend that day.
For the past couple of sessions, legislators have introduced bills to modernize the child support laws but they usually fail to gather any traction - sometime they don't even get a hearing. Admittedly, I have not read the complete bill being proposed but based on the summaries I have reviewed I am not convinced the current proposal will fix all of the problems with the current child support laws. But any modernization and update will surely be an improvement.
https://www.cincinnati.com/story/news/politics/2018/01/02/ohios-child-support-system-everyone-agrees-its-broken-but-fix-has-taken-25-years-and-counting/918782001/
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