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Posts tagged "Family Law"

What Is Mediation?

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 2710.01-2710.10 (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.   (more…)

When Can Grandparents Take Custody Of A Child?

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.   (more…)

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…)

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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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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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…)

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…)

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…)

Westfield Center Divorce Attorney

A Westfield Center divorce attorney practices family law in the Medina County Domestic Relations Court, Medina County Juvenile Court and Medina County Probate Court.  These courts are located at the courthouse located at 99 Public Square, Medina, Ohio 44256.
Where both parents are Westfield Center residents, a divorce case would be filed in the Medina County Domestic Relations Court.  A divorce in the Medina Domestic Relations Court starts with the filing of a complaint, accompanied by a number of affidavits, and usually a request for temporary orders.  Temporary orders can be determined by affidavit or at an evidentiary hearing.  Temporary orders determine issues such as support, child custody, and exclusive use of a residence until the court can make a final determination at the final hearing. (more…)

Wadsworth Divorce Attorney

When one or more spouses or parents reside in Wadsworth, Ohio, that person may need the services of a Wadsworth divorce attorney, who 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. A divorce case for Wadsworth residents would start in the Medina Domestic Relations Court, 99 Public Square, Medina, Ohio 44256.  The matter starts with the filing of a complaint, accompanied by a number of affidavits, often including a request for temporary orders.  The Medina County Domestic Relations Court usually initially decides temporary orders based upon a fourteen day notice and response period, but may also set the matter for hearing.  A case management hearing is usually held on its own or at the same time as the temporary orders hearing.  (more…)

Medina County Divorce Attorney

What is a Medina County divorce attorney? A Medina County divorce lawyer practices family law.  A divorce for Medina County residents begins in the Medina County Domestic Relations Court, 99 Public Square, Medina, Ohio 44256.

Medina County Divorce Process

  A divorce in the Medina Domestic Relations Court usually starts with the filing of a complaint, affidavits, and a request for temporary orders. This initial process is important as it determines support, child custody and other issues until the final hearing.  The court determines the discovery schedule and trial date in its case management order. (more…)

Norton Divorce Attorney

What is a Norton divorce attorney? A Norton 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. Where both parents are Norton residents, such cases would originate in the Summit County Domestic Relations Court, 205 S. High Street, Akron, Ohio 44308. This article will limit the scope to outlining the basic hearings for  divorces, but does not set out every possible motion or procedure in such cases. (more…)

Barberton Divorce Attorney

What is a Barberton divorce attorney? A Barberton 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. Where both parents are Barberton residents, such cases would originate in the Summit County Domestic Relations Court, 205 S. High Street, Akron, Ohio 44308. This article will limit the scope to outlining the basic hearings for  divorces, dissolutions, and paternity cases, but does not set out every possible motion or procedure in such cases. (more…)

Medina Divorce Attorney

What is a Medina divorce attorney? A Medina 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. Where both parents are Medina residents, such cases would originate in the Medina County Domestic Relations Court, 99 Public Square, Medina, Ohio 44256. This article will limit the scope to outlining the basic hearings for  divorces, dissolutions, and paternity cases, but does not set out every possible motion or procedure in such cases. (more…)

State Medical Insurance May Have To Be Reimbursed Through Child Support

The State of Ohio provides medical insurance for children of low-income families.  Any such state medical insurance may have to be reimbursed through child support.  This program is called cash medical support.  Unless the person paying child support is also low-income, that person will have to pay five percent of their income towards reimbursing the State of Ohio for providing medical insurance for the children.  Because that person gets a credit for this on support payments, this has the overall effect of reducing the amount of support received. (more…)

Custody And Parenting Time

Attorney Gigiano has successfully represented individuals seeking custody and parenting time.  Ohio courts generally favor shared parenting.  The court allocates the parental rights and responsibilities between the parties based on a number of the best interests of the children who are not yet age 18 or have not graduated from high school.  However, if no shared parenting plan is submitted or if shared parenting is not in the best interests of the children, the court will name one of the parents as the children’s residential parent and legal custodian.  Attorney Gigiano has the skills to draft a shared parenting plan that will be approved by the court.  In cases that are contested, Attorney Gigiano fights for his client's rights to his or her children.   

Child Support And Spousal Support

Child Support

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.  

Spousal Support

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.  

Divorce

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.  

Dissolution

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.