This answer to this question depends on whether the parents are married or unmarried. If the parents are married, both parents have equal custodial rights of the children born during marriage. ...
Many people ask the question of whether one attorney can represent both spouses, particularly when parties are seeking an amicable dissolution. However, the answer to this questions is no....
This answer to this question depends on whether the parents are married or unmarried. If the parents are married, both parents have equal custodial rights of the children born during marriage. ...
Not all divorcing parents can agree on when the children should spend time with each parent. In some higher conflict instances, this disagreement may result in one parent attempting to withhold the children from the other. What are your options if this happens to you?...
On July 14, 2018, Kentucky amended its custody laws enacting a legal presumption that joint custody and equal parenting time is in the best interest of the child under KRS 403.270. While many Kentucky Judges have informally applied such a presumption in divorce and custody matters in the past, this statute now makes it clear that the Courts must start with this presumption in all cases. It is important to note that this presumption is rebuttable by a preponderance of evidence. Therefore, parties still have the opportunity to present evidence to the Court demonstrating that joint custody and equal parenting time are not in the best interest of their child or children. In making any determination, the Court will consider the best interest factors as identified in KRS 403.270, some of which include the wishes of the parents, the wishes of the child with due consideration given to the influence...
Upon filing for divorce in Ohio, the filing party or the responding party can request temporary orders from the Court regarding the custody of minor child(ren), parenting time, child support, spousal support and the payment of marital expenses. In order for the Court to issue any temporary orders regarding custody, parenting time, child support and/or spousal support, the parties must be living separate and apart at the time of the request. If the parties are still residing together, the Court can issue temporary orders regarding the payment of household expenses and debts. The process for requesting temporary orders and deadlines for responses differ between the counties. For this reason it is imperative to know the Court’s local rules and procedures in your county. Furthermore, if you and your spouse reside in different counties, the local rules of each county may impact your decision regarding where to file. In Hamilton and Clermont...
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...
Many of our clients find themselves confused about the path their case might take through court if they are unable to decide upon the custody arrangements for their children via a negotiated agreement. This blog post will explain the process for a contested custody case in Hamilton County Domestic Relations Court....
When parents decide to end their marriage or relationship, the children become a central focus of the negotiation. The parents must decide how the children will be cared for and supported while living in two different households. These decisions include recognizing that each of them cannot spend as much time with the children as they had become accustomed to and face significant impacts to their cash flow. If the parents cannot agree on the custody arrangements for the children, then a court will ultimately decide which parent should make decisions for the children and how the parents will share time. Depending on the county where your case is pending, you may have various options to provide information to the Court about your wishes and the needs of the children. The two most common are the appointment of a Guardian ad Litem and Custody Investigation. While neither are necessary in a custody case,...
When discussing issues of custody and parenting time, a very common question is “at what age does my child get to decide where he or she lives” or alternatively, “when can my child decide when he or she wants to see the other parent.” There is a common misconception that at a certain age, whether it is 12 or 16, that a child will have the right to determine which parent has custody or what his or her parenting time with each parent will be. However, that is not the case in Ohio. Rather, under Ohio law, both custody and parenting time, is determined by the Court after considering a wide range of relevant factors which help the Court to ascertain what is in the child’s best interest. (O.R.C. 3109.04 and 3109.051) Some of these factors include the wishes of the child’s parents, the child’s interactions and interrelationship with his or...