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Columbus Divorce Law Blog

Panel says age a problem in child custody case

There are many grandparents in Ohio who have petitioned the court to be considered as guardians over their grandchildren in child custody cases. Some may have found out there can be numerous obstacles in their quest to gain child custody. One woman in another state has been told by a citizen review panel she is too old to be given custody of her great-granddaughter.

The 73-year-old woman was asked by the Department of Family and Children Services to take 5-month-old girl when the girl's mother was fighting a legal battle over drug use at the time. It has been 11 months since then and decisions on permanent custody need to be made. A judge requested an evaluation by the panel, and now he has to decide whether or not to rule according to their recommendation.

Round 2 on ruling of child custody case

All manner of Ohio civil and criminal cases are taken to court and the opposing parties are to abide by the final decision of the trial court. However, should one or both parties disagree with the judge's decision, an appeal can be made to a higher court. In one particular child custody battle between two parents in another state, that has happened twice. The original judge in the case has twice ruled that the parents should share child custody, but the father and the appellate court disagree.

A county circuit judge heard the original argument by the former couple and ruled that they should share custody of their two children. That decision was appealed nearly a year ago, and after reviewing all the evidence, the appellate court reversed the initial ruling and ordered the circuit judge to choose which parent should have physical custody of the children and which parent should pay child support. The appellate court based its ruling on the evidentiary fact that the animosity between the two parents is so great and there is no chance of amiable collaboration needed to coordinate an acceptable schedule; as such, the trial court's plan would not serve the best interests of the children.

Mother's disability at the center of child custody case

When two Ohio parents separate, they have decisions to make as to the custody of their children. They may decide to share custody, or if they cannot come to a conclusion on their own, a judge may decide the child custody issues for them. A state appellate court upheld an earlier child custody determination based on the mother's medical condition.

Custody of a young girl was held by her mother until the mother had a stroke four years ago, leaving her unable to give proper care to the girl for the better part of a year. More than two years later, the father sought primary custody of the girl, as the mother was and is continuing to have problems relating her thoughts and mispronouncing words. Custody was granted to the father and the mother appealed the decision, relating her anxiety over the negative impact a new home and new school may have on the girl. The appellate court agreed with the earlier ruling, partially based on testimony concerning the child's poor hygiene and the mother's lack of ability to help her daughter with her homework. It was also noted the girl was familiar with her father's home, as a consistent visitation schedule was observed.

Dwight Howard's ex wants set child custody arrangement

Establishing child custody arrangements between Ohio exes does not often happen without at least a slight element of anxiety. Any number of variables for either side can come into play when trying to reach an acceptable plan of action. Melissa Rios, the ex-girlfriend of Dwight Howard, player for the Charlotte Hornets NBA team, has initiated her own child custody plan for their son.

Rios wants full legal and physical custody of the 4-year-old boy and claims Howard only spends a little over a month each year with the child because of the demands of being a basketball star. She says she has been his sole caregiver since the day he was born. She furthermore contends she is the parent who makes the necessary daily decisions about his education and general well-being.

Mediation of your divorce offers a lot of potential benefits

Despite what you've seen in the media and heard from friends, divorce doesn't have to be a drawn-out, chaotic battle between exes where the courts end up making all the major decisions. Even if you and your spouse don't currently agree on the terms of your divorce, it is very possible that you can avoid a contentious divorce in the courts by pursuing mediation to settle the terms of your divorce.

For couples without a valid prenuptial agreement, mediation is often the fastest and most affordable means of resolving issues in a divorce. When both spouses have individual legal representation to protect their best interests and a neutral mediator to help them set fair terms for a non-contested divorce, the process can be much quicker, easier and more affordable than a court-based divorce. There are a host of other benefits to mediation as well.

Wife fears husband will take all in divorce

Ohio exes may attribute any number of things as the cause of their divorce. Money, another love interest or simply growing apart can all be reasons a marriage does not work out. A woman who filed for divorce from her husband several months ago has filed a new lawsuit seeking certain assets before her husband can leave her with nothing.

The two were married 28 years and built an empire worth hundreds of millions of dollars in the banking and insurance industries. The wife claims her decision to file for divorce came when husband chose to no longer financially provide for two of their children and refused to pay for one of their houses. She is now requesting a judge grant her another of the homes the two shared at one time, a $15 million apartment.

One woman's literal insult to injury when filing for divorce

Divorce is usually a chaotic time, even under the simplest of separations. For Ohio couples who have decided to end their marriages, it can be easy to overlook certain legal requirements if they decide to go the do-it-yourself route. An unpleasant surprise awaited one woman in her pursuit to divorce her husband.

The husband is currently serving a 10-year prison sentence after the night in 2016 when he nearly killed her. He had been drinking and used her as a punching bag as well as choking her to the point of unconsciousness. In addition, he tried to shoot her but missed due to his inebriated state, she says.

Father fights child custody ruling from overseas

Members of the U.S. military have a tremendous responsibility in safekeeping the interests of the nation. Those stationed in Ohio know when they have personal problems, such as child custody issues, it can make their job even harder. While he is on deployment to Afghanistan, a soldier is attempting to have the recent child custody ruling by a judge overturned.

The soldier and his current wife have had custody of the 11-year-old boy since he was 2 years old, due to problems in the child's mother's past. Just before Christmas, however, a judge gave temporary custody of the boy to the biological mother until the father returns from deployment. The father is using social media as one tool in his fight to get his son back to the home he knows.

Blake Griffin and ex in fight for child custody

Some Ohio divorced couples know that two parents fighting for child custody can get ugly. Such seems to be the case between Blake Griffin and the mother of his two children, Brynn Cameron. The two were never married and broke up several months ago after Griffin began dating Kendall Jenner. Both Griffin and Ms. Cameron have made legal moves in the child custody chess game.

Griffin is an NBA player currently signed with the Los Angeles Clippers. His current contract is for five years with a payout of $173 million. He is requesting the court to determine child support and custody and has begun the process of legal paternity establishment to that end.

Child custody can be complex in an Ohio same-sex divorce

Same-sex couples have only had federal protections recognizing their unions in place for a few years. While some states, like California and Vermont, allowed for same-sex marriages prior to the Supreme Court decision in the 2015 Obergefell v. Hodges case, same-sex marriage is a relatively new social construct in much of the United States, including Ohio.

Unfortunately, that also means that same-sex divorces are relatively new territory for many courts. With a rise in same-sex marriage, it was only a matter of time before there was substantial demand for same-sex divorces. While certain considerations, like asset division, remain relatively straightforward in same-sex divorces, issues like child custody and support may prove to be much more complicated for the courts.

  • Super Lawyers | Craig P Treneff
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