> Dissolution | Daniel F. Gigiano Co., L.P.A. - Part 2
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Posts tagged "Dissolution"

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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Military Issues In Divorce And Child Custody

Military issues in divorce and child custody arise when one or both parents are currently or former members of the military.
The military distributes income in many ways.  While calculating income first appears be simple, not every situation is simple.  We all know that W-2 income earned through an employer is income for support purposes.  We also know that profits earned in a person’s business is income.  This covers direct military pay (base pay) and military contracts.  However, there are many other sources of income from the military.  Other sources of military income include: veterans administration disability payments, GI payments, housing allowance, and pay for training or other types of required drills. (more…)

Wooster Divorce Attorney

A Wooster divorce attorney provides representation for individuals who either reside in Wooster or who need to go back to the Wayne County Domestic Relations Court’s continuing jurisdiction because they finalized a divorce case in that court.
Where one or both parents are Wooster residents, a divorce would likely be filed in the Wayne County Domestic Relations Court.  Such cases start with a complaint, affidavits, and requests for temporary orders.  The attorneys attend a number of hearings to discuss the issues with the court, consisting of a number of pre-trials.  In Wayne County, these hearings are given specific names, including the Status One Hearing, Status Two Hearing, and Pre-Trial.  If the matter cannot be settled during or as a result of any of these pretrial hearings, the case proceeds to a final hearing before the magistrate. (more…)

Sterling Divorce Attorney

A Sterling divorce attorney provides representation for individuals who either reside in Sterling, Ohio or who are subject to the Wayne County Domestic Relations Court’s continuing jurisdiction because they finalized a divorce or paternity case in that court.
Where one or both parents are Sterling residents, a divorce would likely be filed in the Wayne County Domestic Relations Court.  Such cases start with a complaint, affidavits, and requests for temporary orders.  Several “pre-trial” hearings are set by the court, consisting of the Status One Hearing, Status Two Hearing, and Pre-Trial.  In each of these hearings, the attorneys discuss the issues in the case with the magistrate.  If the matter cannot be settled during or as a result of any of these pretrial hearings, the case proceeds to a final hearing before the magistrate. (more…)

Sharon Township Divorce Attorney

A Sharon Township Divorce Attorney files divorces in Medina County Domestic Relations Court.  When one or both spouses are residents of Sharon Township, this is where the divorce complaint should be filed.  Upon request, the magistrate issues temporary orders for issues such as child custody, parenting time, child support, spousal support, and exclusive use of real and personal property.  Temporary Restraining orders are automatically issued in divorce cases.  The final hearing in a divorce case is usually set approximately one year from the date of filing.  This gives the parties time to conduct discovery and negotiate the issues. (more…)

Orrville Divorce Attorney

Orrville Divorce AttorneyAn Orrville divorce attorney provides representation for divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motions to modify parental rights and responsibilities.

Orrville Divorce Attorney Fights For Clients In Divorce Court 

  Where one or both parents are Orrville residents, a divorce would likely be filed in the Wayne County Domestic Relations Court.  The initial filing consists of complaint for divorce, affidavits, and usually a motion for temporary orders.  The temporary orders motion can either be immediately granted or set for hearing.  Several “pre-trial” hearings are set by the court.  The first is a Status One Hearing, where the attorneys tell the magistrate the issues involved in the case.  The next two are the Status Two and Pre-Trial conferences, where the attorneys provide a more detailed analysis supported by detailed written breakdowns of the issues.  These hearings are followed by a final hearing before the magistrate. (more…)

Sharon Center Divorce Attorney

A divorce case when one or both spouses are Sharon Center residents should be filed in the Medina County Domestic Relations Court.  This court is located in the historic courthouse on Public Square.  The services of a Sharon Center divorce attorney can help ensure that the correct initial paperwork is complete.  Immediately upon filing of the divorce complaint, the domestic relations court issues restraining orders prohibiting the parties from withdrawing money from retirement accounts, selling marital assets, among other things.  Many people need the assistance of temporary orders, which require a written motion for temporary orders before the court will issue them.  The court will usually issue temporary orders upon request, temporarily resolving issues of child custody, parenting time, support and other issues. (more…)

Wayne County Divorce Attorney

A Wayne County divorce attorney represents individuals in Wayne County for divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motion to modify parental rights and responsibilities.
Where both parents are Wayne County residents, such cases would originate in the Wayne County Domestic Relations Court, 107 W. Liberty Street, Wooster, Ohio 44691.  A divorce in the Wayne County Domestic Relations Court starts with the filing of a complaint and often a request for temporary orders, both of which must be served by summons to the opposing party.  Temporary orders, if granted, temporarily resolve issues such as child custody, parenting time with the children, child support, spousal support, and exclusive use of the marital residence and vehicles. (more…)

Lodi Divorce Attorney

A divorce case when both spouses are Lodi residents is filed in the Medina County Domestic Relations Court, located in the courthouse on Public Square.  The services of a Lodi divorce attorney can help ensure that the matter is properly filed and pursued.  Filing the divorce results in immediate restraining orders prohibiting the parties from withdrawing money from retirement accounts, selling marital assets, among other things.  The filing often includes a request for temporary orders.  Unless there is a good reason not to do so, the court will issue temporary orders upon such a request, temporarily resolving issues of child custody, parenting time with the children, child support, spousal support, exclusive use of the marital residence, and exclusive use of the vehicles. (more…)

Child Support Obligation Definitions

Ohio Revised Code § 3119.01, commonly referred to as the Calculations of child support obligation definitions or just plain  Definitions, contains a wealth of information about child support.  Not only does this section include definitions of “child support order,” “obligee,” “obligor,” and  “gross income,” but it also sets forth the factors for imputed income.  Here is Ohio Revised Code Section 3119.01, which contains child support obligation definitions, in its entirety, without any editing:

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Everything You Wanted To Know About Child Support

Everything you wanted to know about child support but were afraid to ask is right here.  Just about.  Putting everything in would fill books.  Maybe, this should be called a quick look at what you need to know about child support. Anyway, here goes.
If a child’s parents are separated from each other, chances are that a child support order is either in place or can be put in place.  Child support may also be ordered when the parents are in divorce, dissolution of marriage, paternity and legal separation cases.  A child support award can originate or be modified through the county’s Child Support Enforcement Agency (CSEA), domestic relations court or juvenile court.  In Medina County, child support is usually awarded in the Medina County Domestic Relations Court.  Summit County is the same, as it also has moved all of its parentage and/or paternity cases to the Summit County Domestic Relations Court.   A Summit County attorney or Medina County attorney would file for child support in domestic relations court, regardless of whether the case was a dissolution, divorce or paternity action.  However, Wayne County has not moved its parentage and/or paternity cases to domestic relations court.  A Wayne County attorney would file for child support in Wayne County Juvenile Court in a paternity action.  That same Wayne County attorney would still file for child support in Wayne County Domestic Relations Court in a divorce or dissolution. (more…)

Creston Divorce Attorney

What is a Creston divorce attorney?  A Creston divorce lawyer provides representation for divorce, dissolution, post-decree motions, paternity complaint, child custody, child support, civil protection orders, and  motion to modify parental rights and responsibilities.  Getting an experienced Creston divorce attorney is valuable when involved in such proceedings, giving you your fair day in court.
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Brunswick Divorce Attorney

When one or more spouses or parents reside in Brunswick, Ohio, that person may need the services of a Brunswick divorce attorney for divorce, dissolution, post-decree motions, paternity suit, child custody, child support, and civil protection orders.  A skilled attorney can ensure that the evidence supporting your position is heard by the court, while exposing the weaknesses of the opposing side's case
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