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Posts tagged "Parenting Time"

Ohio Paternity Parentage Cases

Ohio child custody rights of unmarried parents are decided in Ohio paternity parentage cases, which includes requests for legal custody, parenting time and/or shared parenting. In Ohio, an unmarried mother has sole legal custody of a child born outside of marriage.  The father has no legal rights to the child until he requests the court to issue orders establishing a father-child relationship and an order for parenting time.

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Divorce And Dissolution

How do divorce and dissolution differ from one another? A dissolution is an agreement to terminate the marriage, with an agreement on how to divide their assets and debts, as well as agreement on child custody, child support, parenting time and spousal support. In order to have a dissolution, the parties must agree on all of the issues. Paperwork is filed and the matter is resolved in a single hearing. The dissolution process is usually completed within two to three months after filing.   When the parties cannot agree on all of the issues, but wish to terminate the marriage, they must do so with a divorce. One of the eleven grounds for divorce must be alleged. Incompatibility cannot be proven, but must be agreed upon by both parties in order to be used as a ground for divorce. Divorce usually consists of temporary orders hearings, case management hearings, pre-trial hearings, and final hearings (trials). The final hearing does not usually occur until at least nine months after filing and sometimes well over one year after filing.   (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.
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Notice of Intent to Relocate

What is a notice of intent to relocate?  It is a provision that is most likely tucked away within an order allocating parental rights and responsibilities, including divorce decrees, dissolution decrees, and legal custody orders.  It is a provision that is often overlooked.  If a residential parent moves, that parent must notify the court when he or she moves.  If one parent does not know where the other parent lives, they may become anxious about where their children are during that other parent’s parenting time.  This could lead to one parent employing various methods to respond.  Such methods may include methods that may not be permissible, such as withholding visitation.  That parent may also decide to call the police or file a motion in court to have custody changed, all because that parent simply did not know where their children were at during the other parent’s parenting time. (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…)

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…)

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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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.