Many county jails in Ohio have a pay to stay in jail policy. The ACLU issued a report on this practice, stating that this burdens a population that likely cannot afford such fees in the first place. Potential fees include booking fees and daily lodging fees. According to the report, the jails in Holmes County, Medina County, Cuyahoga County, Ashland County and Summit County do not charge any of these fees. The Wayne County jail was listed a charging a $10 booking fee but no daily fees. The counties that offer work release as an option usually charge daily work release fees. A work release pay to stay program may not have the same concerns cited by the ACLU because the inmates are being given the opportunity to earn amounts greater than the cost of their stay in jail.
How is child custody decided in Ohio? These issues are decided by domestic relations and juvenile courts in Ohio. For disputes between parents, the domestic relations courts in Medina County, Summit County and Cuyahoga County hear such cases. In Wayne County, Ohio, the domestic relations court hears child custody cases in divorce and post-divorce decree cases. The Wayne County juvenile court hears child custody cases between unmarried parents. For purposes of this article, we will refer to all these courts as the Ohio child custody court.
The Ohio child custody court must decide between sole custody to one parent and shared parenting with both parents. The parent who is awarded sole custody becomes the child’s legal custodian and will make decisions about non-emergency medical care, education, religion, discipline and extra-curricular activities. The sole legal custodian must let the non-custodial parent know about such matters but will make the final decisions.
When can grandparents take custody of a child? A nonparent can be awarded custody of a minor child if the court makes a finding of parental unsuitability. Parental unsuitability can be determined if the "parent abandoned the child; contractually relinquished custody of the child; that the parent has become totally incapable of supporting or caring for the child; or that an award of custody to the parent would be detrimental to the child.” Parents who are suitable persons have a paramount right to the custody of their minor children.
In other words, parents have a right to care for and raise their children. In order to infringe on that right, someone must first demonstrate that the parent is unsuitable, commonly known as unfit parents. A typical case of parental unsuitability is when the parents leave the children with the grandparents and disappear for a long period of time. In such an instance, the grandparent will likely be able to prove parental unsuitability and may be able to obtain custody of the children.
When people accused of a crime come into my office, they often ask “can something be done to keep me out of jail?” More specifically, many clients ask if I can promise to keep them out of jail. I guess I am a little too honest. I do not make that promise. Does that mean I cannot do the job? No, it means I do not lie to people. I can promise to defend you with the knowledge and ability that I have accumulated for over twenty-one years of practicing law.
If someone is charged with a fourth or fifth degree felony, Ohio law basically tells the judge to give the person probation (technically called community control) unless there are some specific reasons not to do so. Does that usually mean that the person stays out of jail? Possibly, but the judge may decide to give a short jail sentence. Many of these felonies may qualify for diversion or intervention in lieu of a conviction. However, there may be technical problems with getting into an intervention in lieu of a conviction program and the prosecutor could decide that he or she does not want to offer diversion for a particular case. What if you do not like the terms of the diversion? Perhaps, you feel like the victim is inflating the losses and making you pay much more than they ever lost. You could take it to trial, and try to get your case reduced to a misdemeanor by a jury of your peers. Because the judge cannot send you to prison on a misdemeanor, you got this thing beaten, huh? Not so fast. That judge can still send you to jail on a misdemeanor conviction, especially if he or she thinks the actions that they heard during trial demand a response. Some crimes have minimum sentences. For example, DUIs have minimum sentences starting at three days in jail. Firearm specifications have at least a one year minimum prison term, often triggering a separate and consecutive prison term for the main felony charge.
When does a court consider a child support deviation? Normally, child support follows a specific formula as set forth in Ohio Revised Code 3119.021 (R.C. 3119.021
). However, a court may deviate from the usual amount of child support if the court determines guideline child support would be unjust, or inappropriate, or not in the best interests of the child.
Ohio Revised Code 3119.23 (R.C. 3119.23
) sets forth a number of reasons for a court to deviate from the guideline child support amount:
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?
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
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…)