@dctibbsesq #unsolicitedrelationshipadvice #relationshipadvice #travel #divorceattorney #divorcelawyer
In this video, Daryle gives relationship advice to an anonymous poster asking about breaking up during or immediately after a trip.
Tibbs Law Office
8845 Governors Hill Dr., Ste 450
Cincinnati, OH 45249
513-793-7544
@dctibbsesq #unsolicitedrelationshipadvice #relationshipadvice #divorceattorney #divorcelawyer #finances
In this video, Daryle gives relationship advice to an anonymous poster.
Tibbs Law Office
8845 Governors Hill Dr., Ste 450
Cincinnati, OH 45249
513-793-7544
@dctibbsesq #unsolicitedrelationshipadvice #divorcesttorney #cheating #cheatingwife #divorcelawyer
In this video, Daryle gives relationship advice to an anonymous poster.
Tibbs Law Office
8845 Governors Hill Dr., Ste 450
Cincinnati, OH 45249
513-793-7544
@dctibbsesq #unsolicitedrelationshipadvice #relationshipadvice #divorceattorney #divorcelawyer #tibbslawoffice
In this video, Daryle gives relationship advice to an anonymous poster
Tibbs Law Office
8845 Governors Hill Dr., Ste 450
Cincinnati, OH 45249
513-793-7544
When parents with minor children separate either before or after a divorce action has been initiated, one of the most pressing and important items to address is a parenting schedule. If parents are unable to agree, Courts will often issue a default “Standard” parenting schedule that may remain in place throughout the pendency of a divorce action, until a hearing has been held, or even indefinitely after your divorce has been finalized. Which “Standard” parenting schedule you may be ordered to follow depends entirely on the county you are divorcing in. (A link to each local court’s standard schedules can be found under “Resources” below.) However, your family is not “one size fits all.” It is highly likely that a Court’s “Standard” schedule is entirely impractical for your family. The only way to avoid the Court deciding a schedule for your family is to agree upon a schedule with your spouse – either on your own, or with the help of an experienced family law attorney, mediator, parenting coach, or co-parenting counselor.
Flexibility with any parenting schedule is always encouraged, ensuring that a parenting schedule does not negatively limit the children’s opportunities and experiences. For example, a child should not have to miss out on a cousin’s birthday party on Parent A’s side of the family, just because it is Parent B’s time. Parents are free to modify the parenting schedule as needed, so long as they both agree (which should be properly documented). However, if you find that schedule modifications are causing more harm than good because of parental conflict, parents should keep to the schedule as written, until co-parenting communication has improved to allow flexibility. Overall, the best parenting plan is the one that fosters a healthy relationship between the children and both parents and minimizes the conflict your children are exposed to. An experienced family law attorney can help you come up with a schedule that works best for your family.
Factors to consider while preparing a parenting schedule:
RESOURCES
Many people think of Rosa Parks as the strong-willed woman who refused to give up her seat, however, Parks was an advocate for change even before that. Parks was a secretary for the NAACP long before this and helped investigate acts stemming from racism and sexism.
In 1944, Parks was sent to investigate the gang rape of Recy Taylor, a black woman from Abbeville, Alabama. Parks ended up founding the “Alabama Committee for Equal Justice for Mrs. Recy Taylor,” based on Taylor’s story. The white perpetrators were never arrested nor indicted for any crimes stemming from this act despite one of the men coming forward and admitting that he was involved.
Parks and Taylor continued to speak out against these acts of hate and the Committee drew national attention to the violence towards black women. Both women continued to advocate for survivors of violence until their death.
Sources:
Rogers, Laura. “National African American History Month: Remembering Rosa Parks’ Work to Address Sexual Assault.” The United States Department of Justice, 20 Jan. 2021, www.justice.gov/archives/ovw/blog/national-african-american-history-month-remembering-rosa-parks-work-address-sexual-assault.
“Mrs. Recy Taylor (1919-2017).” National Parks Service, U.S. Department of the Interior, www.nps.gov/people/mrsrecytaylor1919-2017.htm.
Nesting is a transitional arrangement for parents to consider when starting the separation/divorce process. Nesting means that your children remain in the marital residence, and the parents take turns being in the home with the children and acting as the “on-duty” parent. The parents follow a specific parenting schedule outlining when each parent will be in the home with the children. Nesting requires that each parent has another place to stay when it is not their parenting time, such as a family or friend’s home, or a second residence. While parents may find the concept of moving back and forth cumbersome, it does allow parents to experience firsthand what the children are expected to start doing once the nesting arrangement ends.
The nesting process can be done for as long as it is feasible and makes sense for your family. Even if this arrangement only makes sense for a short period of time, it can still be valuable in helping your children with the initial shock and confusion of their parents separating. How long the nesting arrangement lasts may depend on whether one parent is keeping the home, and how long it will take the other parent to obtain a new residence.
An attorney can help you prepare a detailed, thoughtful nesting agreement that will allow you and your spouse to start the separation process on your own terms. This can be especially helpful if the parents are not ready to legally initiate a divorce or dissolution action. Certain topics that should be discussed and agreed upon before implementing a nesting arrangement include:
Resources:
1. The Parent’s Guide to Birdnesting: A Child-Centered Solution to Co-Parenting During Separation and Divorce, by Ann Gold Buscho, PH.D. https://drannbuscho.com/
2. “Are You Getting a Divorce and Thinking About Nesting?” by Susan Pease Gadoua L.C.S.W.
https://www.psychologytoday.com/us/blog/contemplating-divorce/201902/are-you-getting-divorce-and-thinking-about-nesting
When couples get divorced, one party may feel that the other is hiding money, whether it be in an undisclosed bank account, a safe deposit box, or in an offshore account. When this occurs, attorneys have tools we use to identify undisclosed or hidden money.
During a divorce, the parties have the opportunity to engage in a process generally called “Discovery.” During this phase, we issue what is called “interrogatories and request for production of documents” to one another. Interrogatories are essentially questions that are propounded upon the opposing party. It is the opportunity for the parties to ask each other questions to get information that might lead to the discovery of hidden funds. The request for production of documents is exactly what it sounds like. It allows the attorney to ask for documents that may be used to help identify marital assets. Both forms of discovery are commonly used because it is an efficient way to get information. Both parties are under oath when responding to these requests, so lying can carry harsh penalties.
Once an attorney gets the names of the companies that hold financial accounts, an attorney may issue what is called a “subpoena.” A subpoena allows an attorney to request documents or testimony from a person/company for the case at hand. If there is thought to be missing monies, an attorney would subpoena the financial account statements then look at these statements to see where the money went. If the money is going to another bank account that the party has not disclosed, the attorney could subpoena the statements of THAT account.
Continually issuing subpoenas is not always the easiest way to find money. Often, attorneys hire a forensic accountant, who traces the money and can be used as an expert in court to testify about money that a party has hidden. This can be useful in contentious divorces between high earning parties.
Parents often believe that their child can decide where they would like to live but this is not true. Children have a voice but not a vote in custody and visitation matters.
How much weight does their opinion have?
The court looks at a series of factors to determine the custody or parenting time of a child. There are no bright-line rules as to which parent will get custody and what the parenting time will be, so the court uses these factors to determine what is in the best interest of the child. A child’s wishes and concerns are one of eight factors that the court considers when determining the best interest.
How do I get the court to consider their opinion?
Presenting a child’s wishes in court is more difficult than a parent testifying that their child wants X, Y, or Z. The parent asking for the child’s wishes to be taken into account can enter this into evidence using a few different methods. First, the parent can file a motion asking the court to conduct an in-camera interview with the child. These interviews are typically conducted in private between the judge and the child only. It prevents the child from being forced to testify in front of their parents and in front of their parents’ attorneys. Second, a parent could ask for a Guardian ad Litem (GAL) to be appointed. The GAL’s role is to do an investigation and to report to the Court what they believe to be in the child’s best interests. Sometimes children will express their wishes to the GAL who may be able to present those concerns in court. While the GAL must also consider the child’s wishes in determining the child’s best interests, the GAL does not have to advocate for that position, if the GAL does not believe that position is in the child’s best interests. Third, the child could be called as a witness at trial. While calling a child as a witness is not preferred, there may be circumstances under which a parent might choose this option.
My child is mature enough to decide, why can’t the court just listen to them?
Family dynamics can be complicated especially to a child who is more impressionable than a grown adult. Unfortunately, some parents do not have their child’s best interest at heart and would rather do anything to sabotage the child’s relationship with the other parent rather than encourage a healthy relationship. Alienation is commonly seen in these situations and can have a big influence on what the child wants. If the court were to solely honor the child’s wishes in these situations and ignore the other factors, then the alienating parent would be able to continue to sabotage the relationship with the other parent. If you would like to know more about parental alienation, click HERE. (https://tibbslawoffice.com/1837-2/)
Using all of the best interest factors, the court sees a broader picture of the family dynamic and is able to make a decision as to what is in the best interest of the child.
If you would like to read the factors considered in determining the best interest of the child, they are found in Ohio Revised Code 3109.04(F)(1).
Many parents file a motion for contempt or face a motion for contempt at some point during their child’s time as a minor. It is important to know what this motion does and the lasting implications that it can have on your custody case.
What is a motion for contempt and what does it do?
A motion for contempt is a motion asking the court to punish a person for not following an order of the court. Most commonly, motions for contempt are filed when one parent does not turn the child over for the other parent’s time with them. Once a motion for contempt is filed, the court will have a hearing to determine if the parent was actually in contempt of the order. If the parent is found to be in contempt, they can face fines, attorney’s fees, jail time (only in the most serious of cases), and the implications a contempt causes in a custody case.
How does contempt affect a custody case?
A parent found in contempt can be ordered to pay the other party’s attorney’s fees, but even more seriously, it shows the court that this person cannot or is unwilling to follow court orders. Showing the court that the parent refuses to follow court orders is a factor in deciding which parent should be the custodial parent. These factors are used for the court to consider what is in the child’s best interest. Being in contempt of orders shows the court that the parent will likely not honor future orders, which is not something that the court looks favorably upon.
If you need help filing a motion for contempt or if you are facing a motion for contempt that was filed against you, please consult with one of our attorneys. Findings of contempt can have negative implications on your custody case.
