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Posts tagged "Holmes County"

Pay To Stay In Jail

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.   (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…)

What Do Those Words In My Child Support Order Mean?

There are a lot of technical terms in a child support order that can lead a parent to ask, “What do those words in my child support order mean?”   Ohio Revised Code 3119.01 (R.C. 3119.01) defines a substantial number of these terms.  Lets take a look at some of the terms.   Obligee means the person who is entitled to receive the support payments under a support order.   Obligor means the person who is required to pay support under a support order.   Extraordinary medical expenses means any uninsured medical expenses incurred for a child during a calendar year that exceed one hundred dollars.   (more…)

What Factors Does A Court Use To Decide Child Custody?

What factors does a court use to decide child custody and parenting time?  The following from Ohio Revised Code 3109.051 (R.C. 3109.051) sets forth the factors:  
  1. The prior interaction and interrelationships of the child with the child’s parents, siblings, and other persons related by consanguinity or affinity, and with the person who requested companionship or visitation if that person is not the parent, sibling, or relative of the child;
  2. The geographical location of the residence of each parent and the distance between those residences, and if the person is not a parent, the geographical location of that person’s residence and the distance between that person’s residence and the child’s residence;
  3. The child’s and parents’ available time, including, but not limited to, each parent’s employment schedule, the child’s school schedule, and the child’s and the parents’ holiday and vacation schedule;
  4. The age of the child;
  5. The child’s adjustment to home, school, and community;
  6. If the court has interviewed the child in chambers, pursuant to division (C) of this section, regarding the wishes and concerns of the child as to the parenting time by the parent who is not the residential parent or companionship or visitation by the grandparent, relative, or other person who requested companionship or visitation, as to a specific parenting time or visitation schedule, or as to other parenting time or visitation matters, the wishes and concerns of the child, as expressed to the court;
  7. The health and safety of the child;
  8. The amount of time that will be available for the child to spend with siblings;
  9. The mental and physical health of all parties;
  10. Each parent’s willingness to reschedule missed parenting time and to facilitate the other parent’s parenting time rights, and with respect to a person who requested companionship or visitation, the willingness of the person to reschedule missed visitation;
  11. In relation to parenting time, whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or neglected child; whether either parent, in a case in which a child has been adjudicated an abused child or neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of the adjudication; and whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or a neglected child;
  12. In relation to requested companionship or visitation by a person other than a parent, whether the person previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or neglected child; whether the person, in a case in which a child has been adjudicated an abused child or neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of the adjudication; whether either parent previously convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding; whether either parent previously has been convicted of an offense involving a victim who at the time of the commission was a member of the family or household that is the subject of the current proceeding and caused physical harm to the victim in the commission of the offense; and whether there is reason to believe that the person has acted in a manner resulting in a child being an abused child or a neglected child;
  13. Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s rights to parenting time in accordance with an order of the court;
  14. Whether either parent has established a residence or is planning to establish a residence outside this state;
  15. In relation to requested companionship or visitation by a person other than a parent, the wishes and concerns of the child’s parents, as expressed by them to the court;
  16. Any other factor in the best interest of the child.
  (more…)

Can I Record My Child’s Wishes?

One may ask, “Can I record my child’s wishes?”  The answer is no.  Ohio Revised Code 3109.04 (R.C. 3109.04) specifically prohibits the court from considering such evidence:   “No person shall obtain or attempt to obtain from a child a written or recorded statement or affidavit setting forth the child’s wishes and concerns regarding the allocation of parental rights and responsibilities concerning the child.  No court, in determining the child’s best interest for purposes of making its allocation of the parental rights and responsibilities for the care of the child or for purposes of resolving any issues related to the making of that allocation, shall accept or consider a written or recorded statement or affidavit that purports to set forth the child’s wishes and concerns regarding those matters.”   (more…)

Child Support Deviation

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:   (more…)

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…)

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…)

Massillon Bankruptcy Attorney

A Massillon bankruptcy attorney represents individuals in need of a fresh start in the Northern District of Ohio Bankruptcy Court, Canton Division.  This bankruptcy court is a federal court that serves a large number of Ohio counties, including but not limited to:  Wayne County, Stark County, Holmes County, and Ashland County.  Chapter 7 bankruptcy hearings and Chapter 13 bankruptcy hearings take place in the room located on the first door to your left in the Ralph Regula Federal Building and United States Courthouse in Canton, Ohio.  The Chapter 13 trustee holds a mandatory informational class just prior to the hearing.  This is not the mandatory financial management class, but is simply a class to educate Debtors on the Chapter 13 process. (more…)

Canal Fulton Bankruptcy Attorney

A Canal Fulton bankruptcy attorney represents individuals in need of a fresh start in the Northern District of Ohio Bankruptcy Court, Canton Division.  This bankruptcy court is a federal court that serves a large number of Ohio counties, consisting of:  Wayne County, Stark County, Holmes County, Tuscarawas County, Ashland County, Carroll County, Richland County and Crawford County.  The hearings for Chapter 7 bankruptcy cases are held at the trustee hearing room, which is located on the first door to your left in the Ralph Regula Federal Building and United States Courthouse, 401 McKinley Avenue S.W., Canton, Ohio 44702.  The hearings for Chapter 13 bankruptcy petitions are held in the same location as the Chapter 7 hearings.  Canton Chapter 13 hearings begin with a mandatory informational class with the bankruptcy filers only, followed by the actual hearing with the Chapter 13 trustee and the debtor’s attorney present.  This class does not take the place of the mandatory financial management class.  These hearings will not go forward without the proper documentation. (more…)

West Salem Bankruptcy Attorney

A West Salem bankruptcy attorney represents individuals in the Canton Bankruptcy Court, otherwise known as the Northern District of Ohio Bankruptcy Court, Canton Division.  This bankruptcy court is a federal court that covers quite a few Ohio counties:  Wayne County, Stark County, Holmes County, Tuscarawas County, Ashland County, Carroll County, Richland County and Crawford County. (more…)

Dalton Bankruptcy Attorney

A Dalton resident needs a bankruptcy attorney that services their area, a Dalton bankruptcy attorney.  A bankruptcy petition filed for a Dalton resident would be filed in the Canton Division of the Northern District of Ohio Bankruptcy Court.  This federal court is not merely limited to a single county like state courts.  The Canton Bankruptcy Court serves a number of counties, including:  Wayne County, Stark County, Holmes County, Tuscarawas County, Ashland County, Carroll County, Richland County and Crawford County. (more…)

Sterling Bankruptcy Attorney

A Sterling bankruptcy attorney represents Sterling residents in need of bankruptcy services.  The Sterling bankruptcy lawyer prepares the client’s petition and other documents for filing in the Canton Division of the Northern District of Ohio Bankruptcy Court.  The Canton bankruptcy court handles cases from residents of the following counties:  Wayne County, Stark County, Holmes County, Tuscarawas County, Ashland County, Carroll County, Richland County and Crawford County.  The hearings for Chapter 7 bankruptcy cases are held at the trustee hearing room in the Ralph Regula Federal Building and United States Courthouse, 401 McKinley Avenue S.W., Canton, Ohio 44702.  The hearings for Chapter 13 bankruptcy petitions are held in the same location as the Chapter 7 hearings.  Canton Chapter 13 hearings begin with a mandatory informational class with the bankruptcy filers only, followed by the actual hearing with the Chapter 13 trustee and the debtor’s attorney present.  This class does not take the place of the mandatory financial management class.  These hearings will not go forward unless the trustee has received all the required information and documentation in a timely fashion, as well as presenting photographic identification and a social security card. (more…)

Burbank Bankruptcy Attorney

A Burbank bankruptcy attorney prepares the client’s bankruptcy petition for filing in the Northern District of Ohio Bankruptcy Court, Canton Division.  This bankruptcy court handles cases for individuals in numerous counties, including Wayne County, Stark County, Holmes County, and Ashland County.  The hearings for Chapter 7 bankruptcy cases are held at the trustee hearing room in the Ralph Regula Federal Building and United States Courthouse, 401 McKinley Avenue S.W., Canton, Ohio 44702.  The hearings for Chapter 13 bankruptcy petitions are held in the same location as the Chapter 7 hearings.  Canton Chapter 13 hearings begin with a mandatory informational class with the bankruptcy filers only, followed by the actual hearing with the Chapter 13 trustee and the debtor’s attorney present. (more…)

Smithville Bankruptcy Attorney

What is a Smithville bankruptcy attorney?  A Smithville bankruptcy lawyer prepares the client’s petition for filing in the Northern District of Ohio Bankruptcy Court, Canton Division.  This bankruptcy court handles cases for petitioners who reside in one of the following counties: Wayne County, Stark County, Holmes County, Tuscarawas County, Ashland County, Carroll County, Richland County and Crawford County. (more…)

Wooster Bankruptcy Attorney

What is a Wooster bankruptcy attorney?  A Wooster bankruptcy lawyer prepares the client’s petition for filing in the Northern District of Ohio Bankruptcy Court, Canton Division.  This includes calculating the client’s eligibility for Chapter 7 or 13 under the means test.  The more diligent Wayne County bankruptcy attorney ensures that his clients take only approved credit counseling and debtor education classes.  This bankruptcy court’s jurisdiction consists of Wayne County, Stark County, Holmes County, Tuscarawas County, Ashland County, Carroll County, Richland County and Crawford County.  A link to the Canton Bankruptcy Court can be found here.  The hearings for Chapter 7 bankruptcy cases are held at the trustee hearing room in the Ralph Regula Federal Building and United States Courthouse, 401 McKinley Avenue S.W., Canton, Ohio 44702.  The hearings for Chapter 13 bankruptcy petitions are held in the same location as the Chapter 7 hearings.  Canton Chapter 13 hearings begin with a mandatory informational class with the bankruptcy filers only, followed by the actual hearing with the Chapter 13 trustee and the debtor’s attorney present.  This class does not take the place of the mandatory financial management class. (more…)

Wayne County Bankruptcy Attorney

A Wayne County bankruptcy attorney prepares the client’s bankruptcy petition for filing in the Canton Division of the Northern District of Ohio Bankruptcy Court.  This bankruptcy court handles cases from Wayne County, Stark County, Holmes County, and a number of other counties.  One judge presides over the court and a number of trustees handle the individual hearings, otherwise known as the first meeting of creditors.

Chapter 7 Bankruptcy Representation By Wayne County Bankruptcy Attorney

In a Chapter 7 bankruptcy, one receives a quick discharge of their personal debts in exchange for the liquidation of all non-exempt assets.  Usually, the person filing Chapter 7 bankruptcy has few or no non-exempt assets.  The hearings for Chapter 7 bankruptcy cases are held at the trustee hearing room in the Ralph Regula Federal Building and United States Courthouse, 401 McKinley Avenue S.W., Canton, Ohio 44702. (more…)

Can You Force Your Spouse into a Divorce?

I am often asked: can you force your spouse into a divorce?  Many parties get divorced by agreement, otherwise known as a dissolution.  While getting divorced by agreement can be less expensive, save time, and be less emotionally draining, sometimes the parties cannot reach an agreement or one spouse refuses to get divorced.  While most divorcing couples would simply agree that they are incompatible, otherwise known as stipulating to incompatibility, Ohio provides for a number of grounds for divorce. (more…)

Marshallville Bankruptcy Attorney

A Marshallville resident seeking a bankruptcy attorney needs an attorney that services their area, a Marshallville bankruptcy attorney.  A bankruptcy petition filed for a Marshallville resident would be filed in the Northern District of Ohio Bankruptcy Court, Canton Division.  Because this is a federal court, it is not merely limited to a single county like state courts.  In fact, this particular federal court covers numerous counties:  Wayne County, Stark County, Holmes County, Tuscarawas County, Ashland County, Carroll County, Richland County and Crawford County. (more…)