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Dublin Family Law Blog

Reasons that parental rights may be terminated

A person becomes responsible for their children by virtue of sharing their DNA with the kids and bringing them into the world. All across Ohio parents are working hard to make sure that their children receive the love and support they need to grow and thrive. Those are responsibilities that parents must meet in order to serve their children's best interests and their rights to keep their children in their homes are protected by their efforts to keep their kids safe.

However, from time to time a parent may lose their rights to their kids. When this happens it is said that their parental rights have been terminated. The remainder of this post will examine how a parent may see their rights to their kids terminated and some of the outcomes that can result when parental rights are cut off.

Don't navigate divorce alone

Divorce is one of the most-stressful situations a person can go through. Between the emotional, financial, and interpersonal tribulations, it's important to have experienced guidance. Whether yours is a standard, uncontested matter or a contested complex situation, Gillespie Law, LLC, is prepared to be of assistance.

One type of divorce that can be particularly difficult is military divorce. We fully understand the special problems that arise in divorces of our service men and women. We greatly appreciate their service, and it is our honor to represent and assist those with difficult matters. From determining what state and district a case should be filed in to creating a custodial plan for parents who live on separate coasts, we offer the assistance necessary.

Determining paternity and obtaining child support in Ohio

In the state of Ohio, a parent and child relationship is not defined by the marital status of the biological parents. It is instead defined as the existing legal relationship between the parent and child, regardless of marital status. This means that there is both a mother and child relationship as well as a father and child relationship.

A parent and child relationship with a mother is simply stated as her having given birth to the child. However, a parent and child relationship with a father is determined by the father's acknowledgment of paternity. Otherwise, paternity is assumed if the mother and father are married when the child is born or if the child is born within 300 days of after the marriage is terminated. It is also assumed if the man and woman have attempted to get married in this state or any other and the marriage was declared invalid. A paternity assumption can be disputed with genetic testing or other convincing evidence that the child was fathered by another man.

2 things you should consider about divorce and taxes

Many divorcing couples in the Dublin area focus so much on leaving their spouses that they fail to consider the impact their new relationship status can have on their taxes. All of the stress, anxiety and confusion you may feel can make it hard for you to keep sight of the overall picture and accept a settlement that has a major impact on your tax and financial situation once your divorce is final. 

Though you might not want to focus on anything tax related, not doing so can put you at a severe disadvantage. Here are some key considerations to keep in mind about taxes when negotiating a divorce settlement

Estate planning: Medicare, Social Security, and Retirement

When the topic of estate planning arises in conversation, most couples automatically think only about physical assets, and who will get which of those. Rarely do things like Medicare, Social Security, or retirement come to mind until one begins the estate planning process with an attorney. These things matter greatly and should be incorporated into a plan by someone who understands the possible repercussions of a wrong move.

The reason these issues should be discussed in an estate planning consult is because the benefit will pass on to a designated beneficiary if the recipient chooses. A widowed spouse may collect a social security benefit from a deceased spouse's account. He or she may also collect the deceased spouse's monthly retirement stipend if named as the beneficiary. Medicare recipients can rest assured that any medical bills a surviving spouse receives for the deceased will likely be covered, and one less thing to worry about.

Adopting a foster child

Though not necessary to become an adoptive family, housing a foster child prior to permanent adoption is a natural progression. Many families, in both Ohio and across the country, foster children for several years before making the decision to legally adopt. However, it is a misconception that if you foster a child you will eventually be offered the chance to adopt them.

Foster care is meant to be a temporary measure. A child welfare agency will do everything in their power to rectify a situation and reunite a child with his or her own family. Even if a child is not allowed to enter back into the biological parents' home, they are often taken into custody by other willing and able family members. It is always found to be within a child's best interests to stay within their own family if at all safe and possible. For that reason, Ohio views a foster family to be part of the child welfare team. It is their hope that a foster family will support and advocate for biological family relationships to be repaired and restored.

Annulment and prohibit marriage laws in Ohio

In America, each states determines its own rules and regulations regarding marriage. These include rules on when a marriage may be annulled and when it may be prohibited. In Ohio, there are five grounds for annulment.

First, if one or both parties to the marriage are underage, then it is not recognized legally. The legal age in the state of Ohio to obtain a marriage license is 18-years-old. Second, if either of the parties are still legally married to someone else, a new marriage will be considered null. Bigamy is prohibited in Ohio. Third, mental incompetence. If it is determined that one or both parties made the decision to marry while mentally incompetent, or in other words, not able to make such a decision while understanding its effects, the marriage can be annulled. Fourth, if gaining consent for the marriage was done through fraudulent methods or other force. For example, if two underage parties needed consent from an adult to be married, but they gained that consent by manipulation or even threat of harm, then the marriage could be annulled. Finally, fifth, if the marriage was never consummated.

Ohio child custody: Frequently Asked Questions

There are always a plethora of questions from parties embroiled in a child custody dispute. Let's take a look at some of the most common ones we receive.

First, what is the difference between joint and sole custody? Joint custody means that both parents will share in parenting their children. However, this does not mean that custodial periods will be entirely equal. Sole custody means that one parent be designated primary, and will have decision making abilities above the other, but there may also still be a visitation plan in place for the non-primary party.

Should you start to distribute inheritances early?

One thing that some senior citizens wonder, especially as they get even older, is whether they should start distributing their inheritances early. That is, suppose a woman intends to leave her extensive jewelry collection to her daughter. Should she give the collection now, or at least a few pieces, while she is still alive to see her daughter enjoy the jewelry?

The answer is not always clear-cut. There can be quite a few things to consider, so here is a look at some of them.

Protection from Domestic Abuse in Ohio

Domestic violence or domestic abuse can be considered both a civil and a criminal matter. On the civil side, these types of matters will fall under the scope of family court, and can be handled by an attorney who practices family law. Many times, people do not realize this. They often begin immediately searching for a criminal attorney to help them obtain a temporary restraining order, not realizing that it is a civil matter from the start.

Each of the 50 states have their own rules and penalties regarding these types of orders. In the state of Ohio there are two types of orders recognized; a civil protection order and a criminal protection order. A temporary restraining order, also called a civil protection order, is meant to direct a person regarding what they can and cannot do. Violation of it is punishable by fines and up to one year in jail.

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