Cincinnati Family Law & Divorce Blog: Important Tax Law Changes for Claiming Children as Dependents

At the end of 2017, Congress enacted the Tax Cuts and Jobs Act and many of these sweeping changes have a direct impact on those going through a family law issue. This blog post will attempt to outline the changes on how children are claimed for tax purposes. However, there are many other changes to the tax code that may impact your case that are not discussed here. It is important for you to talk to a local family law attorney and/or tax professional to review the situation based on your individual circumstances. One question that often comes up for a divorcing or separating couple is: which parent is permitted to claim the child as a dependent for tax purposes.  Divorcing couples can reach an agreement, or the court will order which parent can claim the child for tax purposes. This is an important tool for negotiation and litigation because claiming...

Cincinnati Family Law & Divorce Blog: Do Non-Parents Have Any Custody Rights in Ohio Courts?

It is becoming increasingly common for grandparents and other non-parents to seek custody of children. A number of factors could contribute to this including the rise in substance use, domestic abuse, a parent passing away, etc. Some questions from a grandparent or non-parent might be: Can I obtain custody or any other rights? What are the legal standards involved? First, it is important to note that custody and visitation are two separate concepts. Legal custody means that the adult has physical care and control of the child as well as the right to make decisions regarding the child's health, education, welfare, and other major decisions. If someone has “visitation rights” or “companionship rights” with a child, this refers to certain days and times the adult has with the child. Parents are afforded a constitutionally protected due process right to the care and custody of their children. The U.S. Supreme Court has held...

Cincinnati Family Law & Divorce Blog: Is it Important to Establish Paternity in Ohio?

When a child is born to married parents or within 300 days of the termination of a marriage, there is a legal presumption that the husband is the father of the child. However, it is increasingly common that children are born to unmarried parents. In this case, there is no an automatic presumption, and fathers must take further steps to establish paternity. Establishing paternity is important because it is necessary for fathers to establish parenting rights, for the child to be able to inherit Social Security and Veteran’s benefits from the father, and it provides a sense of identity for the child.   There are a few different options on how an unmarried father may establish paternity. Both parents can sign a Paternity Affidavit, a document that acknowledges who the biological parents are without the need for genetic testing. This form is usually generated by the hospital but it can also be...