Child Custody Archives | Page 3 of 4 | Beth Silverman & Associates

July 5, 2017 In Child Custody, Divorce By Beth Silverman

Cincinnati Family Law & Divorce Blog: The Role Of The Family Relations Specialist In Collaborative Divorce

When a couple decides on a collaborative divorce, each party must engage his or her own attorney; preferably an attorney who has been trained in the collaborative model. There are other professionals that can be engaged and it is up to the parties and their attorneys to decide if other professionals are appropriate. There are two types of professionals that are part of the Cincinnati Collaborative Group Practice. These are family relations specialists (“FRS”) and financial neutrals. This post addresses the role of the family relations specialist. Our family relations specialists are all psychologists or trained therapists. Generally speaking, the FRS uses their specialized skills and training to coach people through the major transition of ending their marriage. In addition to the purely legal considerations in a marital termination, social, emotional and parenting concerns are among the many issues competing for the couple’s attention. The goal is to navigate through these...

May 15, 2017 In Child Custody By Laura Thudium

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...

March 15, 2017 In Child Custody By Trista Portales Goldberg

Cincinnati Family Law & Divorce Blog: Where is Custody Determined if My Child Lives In Another State?

In custody determinations, there is often a question of which state has the power to make decisions for a child, or in legal terms, “has jurisdiction”. The issue presents itself when parents live in two different states, or both parents leave the state where an original custody decision was made. In an initial custody determination between parents the court that has jurisdiction over the child is the court in the child's home state. Home state is defined in the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) as “the state in which the child has lived with a parent for at least six consecutive months immediately before the commencement of the child-custody proceeding.” It can also mean the state where the child lived in the 6 months prior to commencement of the action even if the child is no longer living in the state. For example, if a mother lived with her...

February 16, 2017 In Child Custody By Beth Silverman

Cincinnati Family Law & Divorce Blog: Can I Legally Change My Child’s Name?

Parents can petition the Court to legally change their child’s name. Such petitions are filed through the Probate Court. If both parents agree that the change is in the child’s best interest, it is a simple process involving basic paperwork and a filing fee. However, there are often cases where one parent requests the name change and the other parent does not believe the change is in the child’s best interest. For example, if the parents are unmarried, the mother may have chosen the child’s name without any input from the father and the father, after obtaining other legal rights such as parenting time and/or custodial rights, may request that the child have his last name instead of mother’s last name. In other cases, the child may have the father’s last name, but due to specific circumstances, mother may no longer believe it is in the child’s best interest to...

November 19, 2016 In Child Custody, Division of Assets and Debts, Support By Beth Silverman

Cincinnati Family Law & Divorce Blog: Is Legal Separation Right for Me?

There are many reasons why a client might consider a legal separation. Here, we will explain exactly what a legal separation is, and a few of the common reasons people seek to enter into a legal separation. First, it should be noted that a legal separation is not the same as a physical or “trial” separation. Many couples physically separate prior to terminating their marriage. These physical separations may be very informal, with one spouse moving out and the parties making informal agreements as to how they will divide time with their children and manage the monthly expenses. A physical separation could also be accomplished with the assistance of attorneys, who would help parties to negotiate these terms. This situation is different than a legal separation, which is a specific type of legal proceeding. In a legal separation, the parties go through essentially all of the same steps as they would in...

October 19, 2016 In Child Custody, Divorce, Support By Trista Portales Goldberg

Cincinnati Family Law & Divorce Blog: Do Parents Have Legal Obligations to Emancipated Children?

While it is true that Ohio Courts are prohibited from issuing orders regarding the care and support of children after they turn 18 or graduate from high school, whichever occurs later, the Court can enforce agreements that parents make with one another. Many parents recognize that their children will need continued support beyond 18 and want to ensure that these expectations are clearly outlined and discussed in a divorce settlement. It is especially important to consider the following obligations during your negotiation: child support for children with disabilities, maintenance of health insurance, dependency deductions, and the payment of college education. If parents agree on these items and include the agreements as part of the divorce or dissolution decree, the agreements will be enforced by the court. Child Support for Children With Disabilities Monthly child support terminates when a child is 18 or graduates from high school except in the circumstance of a child...

September 5, 2016 In Child Custody By Beth Silverman

Cincinnati Family Law & Divorce Blog: You Need Not Worry That Custody Decisions Are Permanent

At the termination of a marriage, parents are encouraged to reach agreements about the care of their children, to avoid the court making those decisions. One of the biggest worries parents have, whether reaching their own agreement, or allowing the court to do so, is that they will be stuck with a parenting allocation or a fixed amount of child support for the duration of their child's minority. This is one worry that is unfounded. The court retains the authority ("maintains jurisdiction") to modify all orders concerning children. This means that parents may ask the court to change the parenting schedule, modify child support, terminate shared parenting and order sole custody and any other matter involving children. The law recognizes that the needs of children change over time, and recognizes it is the obligation of the court to determine what is in the best interest of a child at any given time. There are...

August 8, 2016 In Child Custody By Beth Silverman

Cincinnati Family Law & Divorce Blog: Can I Relocate During or After My Divorce?

March 23, 2015 In Child Custody By Beth Silverman

Cincinnati Family Law & Divorce Blog: Tech Tools for Co-Parenting

When couples with children divorce, they are faced with the reality of an entirely new parenting dynamic. While married, each parent most likely had certain “domains” that he or she took care of for the children, often with little or no input from the other parent. This is the nature of married parenting, but it isn’t the same for divorced couples. Most divorced parents want to have access and input into all areas of their children’s upbringing, even when they didn’t in the past. This can be challenging, considering many couples end their marriage due to poor communication. Thankfully, there are a few extremely helpful apps that can streamline the co-parenting process and help families transition into a new dynamic. Programs such as these ensure that all of the children’s activities, expenses, appointments and important information can be kept in one place, and can be documented for the court if necessary....

October 22, 2014 In Child Custody By Beth Silverman

Cincinnati Family Law & Divorce Blog: How is Child Support Calculated in Ohio?

In Ohio, child support is calculated according to a formula written into state law. That formula combines the Father’s and Mother’s gross income. Each parent is allowed certain deductions from gross income. For example, local income tax paid, child support for other children, or spousal support paid or received. The adjusted gross income is then applied to a chart which identifies the amount of support required to raise children in their parent’s income category. The paying parent will pay his or her prorated share of the charted amount. The child support calculation will also make adjustments if there is private health insurance being paid for the children and/or work related childcare. This final figure is the calculation of guideline child support and is presumed to be the correct amount of child support. The guideline child support calculation can be reduced if the Court determines that it is not in the child’s...