> July, 2014 | Daniel F. Gigiano Co., L.P.A.
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Archive for July, 2014

Can A Parent With Sole Legal Custody Move Out Of State With The Child?

Can a parent with sole legal custody move out of state with the child? Often, a parent will be presented with an opportunity to move elsewhere. Common reasons include a better job opportunity for themselves or their spouse, or moving closer to family. Ohio Revised Code 3109.051(G) requires the residential parent to file a notice of intent to relocate with the court. The other parent must get a copy of the notice in order to give him or her a chance to be heard on whether the child should move out of state. The right to move the child out of state will depend on a number of factors, including: the child’s relationship with his or her parents and extended family; the child’s adjustment to home, school and community; the age of the child; and the child’s wishes. Courts will look at these factors in making their decision. (more…)

Another Court Confirms That Homes Get Greater Protection In Bankruptcy

Another court confirms that homes get greater protection in bankruptcy.  I had previously commented that the Ohio Legislature granted greater protection to homes in bankruptcy.  See my previous blog, “HOMES GET GREATER PROTECTION IN BANKRUPTCY.”  Starting April 1, 2013, each person can keep up to $132,900 of equity in their home, which adds up to $265,800 for a married couple filing a joint bankruptcy. For some time, there was litigation over whether this new law applied to every situation.  The Bankruptcy Court in Canton, Ohio, recently ruled that it does. (more…)

Can a 14-year old child choose which parent they want to live with?

Can a 14 year old child choose which parent he or she wants to live with? This is a common question. While domestic relations courts will often place a great deal of weight on the age of the child, it is actually only one of sixteen factors set forth in Ohio Revised Code 3109.051(D). Other factors include the child’s relationship with extended family, the location of the parents’ homes, the amount of time that will be available for the child to spend with his or her brothers or sisters, the mental and physical health of the parties, whether either of the parents have a criminal history, and whether either of the parents’ actions resulted in a child being an abused or neglected child. (more…)