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Family Law: What Terms can I expect in a Parenting Coordination Agreement?

Daryle C. Tibbs, owner of Tibbs Law Office, begins a new series dedicated to the topic of Parenting Coordination.

For more online resources on this and similar topics, please visit our firm Youtube channel at:

www.youtube.com/tibbslawoffice

Tibbs Law Office, LLC

1329 E. Kemper Rd., #4230

Cincinnati, OH 45246

(513) 793-7544

Daryle@tibbslawoffice.com

www.tibbslawoffice.com

facebookcom/tibbslawoffice

instagram.com/tibbsladiesoflaw

Family Law: What information can a parenting coordinator use to make a decision?

Daryle C. Tibbs, owner of Tibbs Law Office, begins a new series dedicated to the topic of Parenting Coordination.

For more online resources on this and similar topics, please visit our firm Youtube channel at:
www.youtube.com/tibbslawoffice

Tibbs Law Office, LLC
1329 E. Kemper Rd., #4230
Cincinnati, OH 45246
(513) 793-7544
Daryle@tibbslawoffice.com
www.tibbslawoffice.com
facebookcom/tibbslawoffice
instagram.com/tibbsladiesoflaw

Family Law: What does a Parenting Coordinator do?

Daryle C. Tibbs, owner of Tibbs Law Office, begins a new series dedicated to the topic of Parenting Coordination.

For more online resources on this and similar topics, please visit our firm Youtube channel at:
www.youtube.com/tibbslawoffice

Tibbs Law Office, LLC
1329 E. Kemper Rd., #4230
Cincinnati, OH 45246
(513) 793-7544
Daryle@tibbslawoffice.com
www.tibbslawoffice.com
facebookcom/tibbslawoffice
instagram.com/tibbsladiesoflaw

Tibbs Law Office: Introduction to 2019

This video was created to provide viewers the opportunity to get to know our firm and to keep up to date on what we are working on in 2019. We hope you find these videos helpful.

For more online sources on this and similar topics, please visit our firm Youtube channel:
www.youtube.com/tibbslawoffice

Tibbs Law Office, LLC
1329 E. Kemper Rd., #4230
Cincinnati, OH 45246
(513) 793-7544
Daryle@tibbslawoffice.com
www.tibbslawoffice.com

Book Review – Crazy Time

I highly recommend this book to people in the early stages of learning about the divorce that is barreling down the highway towards them. Crazy time, as the title suggests, acknowledges the craziness that can be divorce. This book focuses on the different stages of the process and the different ways for dealing with those stages. All of this is written through the lens of the author that describes the final days of, what she now acknowledges as the end of her marriage. This book is especially important for someone that has had very little experience with divorce, which we may believe can be very few people anymore that have not experienced divorce; however, people have a tendency and an ability to refuse to believe that this could ever happen to them. This is for those people. If they have blinders on when speaking to friends about their divorce, they probably have blinders on in their own marriage. The best part about this book is that before wrapping up, it acknowledges the good that comes out of marriages ending. This is important to me because this is one of the things I enjoy about my job. I get to see the transition from scared and weak to strong and ready for the change. This book presents the greener pastures beautifully. I would give this book five stars.

Book Review – Parents are Forever

Parents are Forever presents a great concept for co-parenting.  It uses the analogy of owning a business together with your partner to show how people should co-parent.  Parents who work together to care for their children after divorce become co-parents.  No matter how ex-spouses feel about each other personally, co-parents who want to be successful ACT reasonably.  Parents should attend formal meetings where child-related issues are discussed.  This concept requires healthy negotiating, which requires proper distance and respect for one another.  The book provides an example for proper business meeting structure and a checklist of discussion points that need to be discussed.  I give this book five stars for parents that are serious about successful co-parenting.  Even after all of the advice, this book teaches techniques, like accepting an un-perfect result, which is important, because after all, divorce is an imperfect result to begin with.  I like the concepts in this book so much that I often formally recommend (in my GAL report) that parents read this book in cases where I am acting as a GAL.   I give this book five stars.

Mediation and Arbitration

Mediation and Arbitration
We get a lot of questions about arbitration and mediation.  There are many differences between arbitration and mediation.  One difference is that arbitration is binding while mediation is an agreement between the parties and is not binding or enforceable unless and until the agreement is made an order of the court. 
In arbitration, a third party or panel made up of several individuals, hears both parties’ arguments and makes a binding decision.  Usually, arbirtration is used because there is a clause in a contract requiring it.  It is most often used in a business setting where “thoughts” and “feelings” are not a factor. 
Mediation is usually used in family law matters or matters involving relationships, relatives, and parties that will have to work together after the court case is over.  Mediation is often chosen over a trial in in family law cases because there is a general aversion to having decisions mandated by a court.
When parties go into mediation, they are not required to have an attorney; however, attorneys are allowed to be present.  When deciding whether to retain counsel, you should keep in mind a few things:
1) The mediator is not interested in finding a fair solution- the mediator is interested in finding a solution the parties can agree upon.  You may be thinking: “Well, if the parties agree, then the agreement must be fair.”  Not necessarily.  If the power between the parties is not balanced, if one party is more educated, if one party has greater knowledge of their rights, or even if one party is just not able to stand strong when faced with pressure from the other party, then the agreement may not be fair.  You must keep in mind that you are in mediation with someone you have an existing relationship with, those patterns of behavior have already been established and will continue through the mediation. 
2) The only way to reduce the risk of having the standards of the relationship dictate the outcome of mediation is to show up to mediation with counsel.  Having an attorney present can be helpful because the attorney can provide information on what the court might do if it were making the decision.  The only way you are going to know what the court would do, is if you have counsel. 
3) Having counsel present is not only going to help you but it will also help the other side.  Once you have the knowledge regarding what a court might do, you are able to make better decisions regarding where to compromise and where to stand your ground.
4) Do not simply ask the other party what he/she wants, you must ask “Why do you want that.”  Often times you can satisfy their “why” without giving them what they originally asked for (this is really important if they are asking for something that you want as well).  You should also use this line of thinking when you are negotiating and asking for certain compromises.  If you can satisfy your “why” without taking something they are going to fight for, both parties will be satisfied.
The attorneys at our firm are in the process of becoming trained mediators and look forward to offering this service to clients in 2018.

Top 10 Videos of 2017, #6: Are Retirement Benefits Considered Marital Property In Kentucky?

Top 10 Videos of 2017, #6: Are Retirement Benefits Considered Marital Property In Kentucky?

Daryle C. Tibbs, owner of Tibbs Law Office, continues a new series reviewing the top ten videos of 2017.

For more online sources on this and similar topics, please visit our firm youtube channel at:

www.youtube.com/tibbslawoffice

www.youtube.com/tibbslawofficeKentucky

Tibbs Law Office, LLC
1329 East Kemper Rd. #4230
Cincinnati, OH 45246
(513) 793-7544
www.tibbslawoffice.com

Getting a second divorce, from the same person

Getting divorced for the second time…from the same person

As you might imagine this isn’t a very common problem.  Not many people get married to the same person twice.  Pamela Anderson married and divorced Rick Salomon twice.  Elizabeth Taylor married and divorced Richard Burton twice.  Richard Pryor married two of his wives two times.   For those facing this situation, there is very little information on this topic.  So I decided to provide some information.

Someone in this situation is going to have several questions, here are the (Ohio) answers to some of the questions we are asked:
1) Are the children, which were born during the first marriage, considered children of the second marriage?  Generally, yes.  Another example of this is where a couple is unmarried, has a child, then gets married, then gets divorced.  Even though the child was born before the marriage, the child is still considered “issue of the marriage.”

2) Will child support and custody be re-litigated?  Generally, yes.  At the conclusion of the first divorce, the court issued an order regarding custody and support.  When the parties remarried, that support (and custody) entry ceased being effective either because the court terminated the original order (the obligor does not have to continue to pay child support if the parties remarry) or because the court issued a new order after the remarriage.  In the second divorce, the court will issue a new child support order that will be based on the current status of the parties’ employment.  The court will also issue a new custody order that is likely to be the same as the order issued in the first divorce but may be different.

3) Will the parties re-litigate the division of property?  Generally, no; however, one of the factors that will impact this is how much time occurred between the first and second divorce.  Generally, the division of property that took place in the original divorce will still stand.  For example, if the court granted the martial residence to one of the parties, that party still gets to keep the home and that decision will not be revisited by the court.  The court will, however, divide any newly acquired property, if the parties have any.

Hopefully, this answers many of the questions you have about this topic.  

Top 10 Videos of 2017, #8: What Is A Divorce From Bed And Board?

Top 10 Videos of 2017, #8: What Is A Divorce From Bed And Board?

Daryle C. Tibbs, owner of Tibbs Law Office, continues a new series reviewing the top ten videos of 2017.

For more online sources on this and similar topics, please visit our firm youtube channel at:

www.youtube.com/tibbslawoffice

www.youtube.com/tibbslawofficeKentucky

Tibbs Law Office, LLC
1329 East Kemper Rd. #4230
Cincinnati, OH 45246
(513) 793-7544
www.tibbslawoffice.com