> Family Law | Daniel F. Gigiano Co., L.P.A. - Part 2
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Family Law

Parental Rights

I often get asked what parental rights parents have when they are married, unmarried or have a child support order in place.  These are the common questions and the answers to those questions.   What is a putative father?   A putative father is a man who may be a child’s biological father but who is not married to the child’s mother at the time the child is born or who has not established paternity of the child in a court or administrative hearing.   Does a putative father have parental rights?   (more…)

What Is Separate Property In Divorce?

Daniel F. GIgiano, Attorney at Law, Wadsworth, OhioWhat is separate property in divorce?  It is property that the spouse gets to keep without it being subject to an equitable division by the divorce court.
First, we should look at what is marital property under Ohio law.  The Ohio law defining marital property is found in Ohio Revised Code 3105.171 (R.C. 3105.171).  Marital property is:
  1. All property currently owned by either or both parties or acquired by either or both of the parties during the marriage; and
  2. All property interest that either or both parties currently holds acquired by either or both of the spouses during the marriage;
  3. Active income, which is all income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either or both of the spouses that occurred during the marriage;
  4. Anything that is not separate property.
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When Does Spousal Support End?

Daniel F. Gigiano, Wadsworth OhioWhen does spousal support end?  Even when spousal support is determined as lifetime spousal support, it is not necessarily forever.
There are four ways in which an order for spousal support may terminate:
  1. Spousal support may terminate on a specified date;
  2. Spousal support may terminate upon the occurrence of a specified event;
  3. The domestic relations court may terminate spousal support pursuant to its continuing jurisdiction if a change of circumstances has occurred that supports termination of spousal support;
  4. Spousal support may terminate as a matter of law upon remarriage of the recipient spouse or the death of either party.
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What Does The IRS Consider To Be Spousal Support?

Daniel F. GIgiano, Attorney at Law, Wadsworth, OhioWhat does the IRS consider to be spousal support?  A divorce decree labels payments as spousal support, maintenance, or alimony.  Does that mean that the payments are considered to be alimony by the IRS?  Not necessarily.  Why does this matter?  It matters because qualifying spousal alimony payments are deductible by the payer and included in the recipient’s income.
In Ohio, alimony is called spousal support.  For purposes of this article, we will use the Ohio term.  In order for a payment to qualify as spousal support by the IRS, all of the following requirements must be met: (more…)

How Does A Court Decide Spousal Support?

How does a court decide spousal support?  The court considers a list of factors set forth in Ohio Revised Code 3105.18 (R.C. 3015.18):
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Dividing A Business In Divorce

This article will address dividing a business in divorce.  Usually, a qualified expert witness will be needed to provide evidence of the valuation of a business.  The expert looks at various factors, such as the history of the business, risk involved in the particular business, among other factors. Utilizing such factors, the expert determines the fair market value of the business.  The parties will have to decide if they want to agree on a single expert or if they wish to hire their own experts.  With the price of a business evaluation expert being $10,000 or more, this is no small decision.  Factors that may be considered in whether to share an expert include: whether the business-owning spouse is likely to disclose all assets and liabilities of the business, including receivables; whether the business-owning spouse had a history of keeping thorough and reliable records; and how well the non-business owning spouse knows the business. (more…)

Property Division In Divorce

This article will discuss property division in divorce.  What is property?  Property can be real property, otherwise known as real estate.  Property can also be personal property, which includes cash, financial and retirement accounts, vehicles, and household goods.
Under Ohio Revised Code 3105.171 (R.C. 3105.171), there are nine factors that govern only the division of property: (more…)

Dividing Retirement Benefits In Divorce

How do you go about dividing retirement benefits in divorce?  First, the domestic relations court must determine who is entitled to what portion of retirement benefits.  Retirement benefits accumulated during the marriage are marital assets, and must be divided as part of an equitable division of property.  Equitable division means a fair division of property. (more…)

Who Is Entitled To A Child’s School Records?

Who is entitled to a child’s school records?  Under Ohio law, both parents have the right to access their child’s school records.  The schools generally recognize the right of the legal custodian and residential parent’s access to school records.  However, some schools may not always recognize the non-residential parent’s right to access their child’s records.  If this problem arises, the legal custody papers usually contain language stating that both parents have the right to have access to their child’s school records. (more…)

Notice of Intent to Relocate

What is a notice of intent to relocate?  It is a provision that is most likely tucked away within an order allocating parental rights and responsibilities, including divorce decrees, dissolution decrees, and legal custody orders.  It is a provision that is often overlooked.  If a residential parent moves, that parent must notify the court when he or she moves.  If one parent does not know where the other parent lives, they may become anxious about where their children are during that other parent’s parenting time.  This could lead to one parent employing various methods to respond.  Such methods may include methods that may not be permissible, such as withholding visitation.  That parent may also decide to call the police or file a motion in court to have custody changed, all because that parent simply did not know where their children were at during the other parent’s parenting time. (more…)

Medina County Legal Custody Attorney

What does a Medina County legal custody attorney do?  In Ohio, it is usually a request from the court to “allocate parental rights and responsibilities” or when modifying an existing custody order, “reallocate parental rights and responsibilities.”  If a parent is granted custody in a divorce, dissolution, annulment, legal separation or parentage case, that parent is named the residential parent and legal custodian of the child.  If shared parenting is granted, both parents are the residential parents, but one will be the residential parent for school purposes, which means the child will go to school in the district in which that parent resides.  Shared parenting does not necessarily mean equal time or support, but simply means that both parents share equal responsibilities. (more…)

Grounds For Divorce in Ohio

What are the grounds for divorce in Ohio?  Wait, you may have heard that Ohio is a no-fault divorce state.  Ohio does have no fault-grounds, but you still have to prove grounds if you want a divorce and your spouse does not.  If your spouse does not want the divorce, they may be able to stop you.
Ohio Revised Code 3105.01 (R.C. 3105.01) and Ohio Revised Code 3105.17 (R.C. 3105.17) set forth the grounds for divorce.
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Dalton Divorce Attorney

A Dalton divorce attorney represents individuals for a variety of family law cases, including divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motion to modify parental rights and responsibilities. (more…)

Can A Child Choose Which Parent To Live With?

Can a child choose which parent to live with?  The wishes of the child is certainly a factor the court must consider in deciding which parent will have custody or will be the residential parent for school purposes under a shared parenting plan.  However, there are many factors that courts must consider in child custody cases.  These child custody factors are set forth by Ohio law.  This article will specifically focus on the child's power to make such a decision within this legal framework.
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Burbank Divorce Attorney

A Burbank divorce attorney provides aggressive representation for family law matters, such as divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motion to modify parental rights and responsibilities.  Hiring a Burbank divorce attorney to be on your side gives you better access to justice by making your voice heard in court.
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Custody Rights Of An Unmarried Mother

What are the custody rights of an unmarried mother?  Ohio law provides a number of direct answers to this question.  Ohio Revised Code 3109.042 (R.C. 3109.042) answers that question: “An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian.”  This means that, unless a court has ruled otherwise, an unmarried mother is the sole legal custodian of her child, giving her the right to make decisions for her child. (more…)

West Salem Divorce Attorney

A West Salem divorce attorney aggressively represents individual in family law cases, including divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motion to modify parental rights and responsibilities.  Having a West Salem divorce attorney on your side gives you greater access to the divorce court by giving you a better opportunity to have your voice heard by the court.
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What Is A Legal Custodian In Ohio?

What is a legal custodian in Ohio?  There are a number of sources that explain this term.  Essentially, this is the person with the rights and obligations to care for a child.  Ohio law provides further guidance:

Legal Custodian In Ohio Definitions  

  The Ohio Administrative Code defines “custodian” as “a person having legal custody of a child or a PCSA, PCPA, or Title IV-E agency that has permanent, temporary, or legal custody of a child.”  The code also defines “legal custody” to mean “a legal status vesting in the custodian the right to have physical care and control of the child and to determine where and with whom the child shall live, and the right and duty to protect, train, and discipline the child and to provide the child with food, shelter, education, and medical care, all subject to any residual parental rights, privileges, and responsibilities.”  Finally, the code also says that an “individual granted legal custody shall exercise the rights and responsibilities personally unless otherwise authorized by any section of the Revised Code or by the court.” (more…)

Marshallville Divorce Attorney

A Marshallville divorce attorney represents people who either live in Marshallville or who need to go back to the Wayne County Domestic Relations Court or Wayne County Juvenile Court because they need to revisit a child custody, child support or spousal support issue in that court.  Having a Marshallville divorce lawyer on your side gives you the opportunity to have your voice heard effectively in the divorce court.
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Smithville Divorce Attorney

A Smithville divorce attorney represents individuals who either reside in Smithville or who need to go back to the Wayne County Domestic Relations Court because they need to revisit an issue in a divorce case in that court.   Having a Smithville divorce lawyer on your side is important in ensuring that your voice is heard in divorce court.

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