What is mediation? Mediation is a process in which two or more parties negotiate a voluntary agreement with the help of a mediator. The mediator facilitates communication between the parties. Statements made during mediation are protected under Ohio’s Uniform Mediation Act
(UMA) as set forth in Ohio Revised Code 2710.01
(R.C. 2710.01-2710.10). This privilege gives one the ability to stop other people from revealing what was said at a mediation. Does this mean everything said in a mediation is protected by privilege? No. The following topics are not protected by privilege under the UMA: discussions disclosing abuse or neglect of children and abuse or neglect of the elderly; plans to commit crimes; threats of violence; whether a mediation occurred; and signed settlement agreements. Mediators are neutral third parties who assist the parties with issue identification and problem solving. The mediator will usually meet with each side separately, but some mediation sessions are held with all the parties present face-to-face. Mediation is a useful tool used in several areas of the law, including civil cases, child custody cases, divorces, foreclosures, and abuse, neglect and dependency cases. If the parties do not reach an agreement, the mediator may schedule a follow-up session or may report to the court that an agreement was not reached.
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.
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.
The amount of child support is determined under Ohio child support guidelines, based on the number of children and the parent’s income, along with a number of other factors. Child support is paid to the child support enforcement agency, usually by wage withholding.
Ohio uses the term spousal support, instead of alimony or maintenance. Spousal support is awarded to help sustain a spouse during the pending divorce action or as a part of the final decree. Some of these factors courts consider are the ages, earning ability and health of the parties, the length of the marriage, and the standard of living during the marriage.
Attorney Gigiano has successfully litigated child support & spousal support issues. Call now to find out how he can fight for your right to fair amount of support in court.
While a dissolution starts with an agreement, a divorce is filed due to differences between the parties on one or more of the major issues, which include property division, spousal support and matters regarding the children.
Once a divorce is filed, the court will usually issue temporary orders. Such temporary orders generally consist of restraining orders, allocation of parental rights and responsibilities, child support, and spousal support.
An experienced divorce attorney can help people decide whether to pursue a dissolution or a divorce.
A dissolution of marriage is an action where the parties enter into an agreement to terminate their marriage. Neither party has to prove grounds to end a marriage by dissolution. This action is only started after the husband and wife have signed a separation agreement regarding all property, spousal support and any child-related issues. After jointly filing a Petition for Dissolution, a hearing will be scheduled by the court no less than 30 days but no longer than 90 days after the date of filing. At the hearing, the court will review the separation agreement, ask about the assets and liabilities and any parenting issues, and determine whether the parties understand and are satisfied with the settlement. If the court is satisfied that the agreement is fair, the parties agree and desire to end their marriage, the court will grant a dissolution and make the separation agreement an order of the court. An experienced divorce attorney can assist with drafting these documents and getting them approved by the court.