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TIBBS LAW OFFICE Introduction “2019, 2020, & Beyond”

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In our first video of 2020, Daryle recaps 2019 and shares some of what the future looks like for TIBBS LAW OFFICE. Make sure to LIKE and SUBSCRIBE! And as always, we welcome your comments!

Transcript:

Daryle Tibbs of TIBBS LAW OFFICE here. I’m very excited to announce what we accomplished in 2018, what we have in store for 2020, and what we are working on this year for 2021. The first item I would like to share is that in November 2019, Sarah Michel and I sat for the Ohio Bar Association’s Family Law certification test. We are excited to announce that we both passed the test and can now hold ourselves out as Family Relations Certified Attorneys. If you’d like to learn more about what this means for our clients, please check out our series of videos on certification on our website and our YouTube channel.

Jordan, D’Aaddario and I are now approved mediators for the Hamilton County Domestic Relations Court after completing additional training requirements through the courts Dispute Resolution Department. Jordan will be participating in both the Cincinnati Bar Association and the Ohio Women’s Bar Associations mentoring programs. She will also be serving as a co-chair on Cincinnati Academy of Collaborative Professionals Training Committee, where she will help plan ongoing training for the group’s members.

In 2019. I accepted a one year contract with the city of Springdale to provide Public Defender Services in the Springdale Mayors Court. I’m happy to announce that this contract has been renewed for the 2020 year and I look forward to serving the city of Springdale once again.

In 2020, Sarah will be completing the Cincinnati Academy of Leadership for Lawyers offered by the Cincinnati Bar Association. We look forward to her completion of this program and we can’t wait to see how this program helps her serve our clients better.

As some of you may know, I’ve been a director consultant for a local networking organization called BNI as of December 31, 2019 I have stepped down from my position in BNI and I’m now only a member of the Phoenix chapter of BNI. I look forward to focusing on growing TIBBS LAW OFFICE to offer a wider range of services to our clients.

Lastly,TIBBS LAW OFFICE is continuing our dedication to serving the LGBTQ+ community. We plan on participating in the Cincinnati Pride events and we also look forward to continuing our training with Living With Change, a nonprofit that provides education, support, resources, and advocacy to the LGBQ+ and transgender communities in the Greater Cincinnati area and beyond.

Please connect with us on our sites –

Google My Business link – https://g.page/tibbslawoffice?gm
Facebook link – https://www.facebook.com/TibbsLawOffice/
LinkedIn link – https://www.linkedin.com/company/tibbs-law-office-llc
Twitter link – https://twitter.com/tibbslawoffice
Instagram link – https://www.instagram.com/tibbsladiesoflaw/
YouTube link – http://www.youtube.com/c/TibbsLawOffice
Pinterest link – https://www.pinterest.com/tibbsladiesoflaw/boards/
Yelp link – https://www.yelp.com/biz/tibbs-law-office-cincinnati


TIBBS LAW OFFICE
8845 Governors Hill Dr., Ste 450
Cincinnati, OH 45249
P: 513-793-7544
F: 513-297-7544

 

TIBBS LAW OFFICE, LLC is a general practice, Ohio law firm serving Greater Cincinnati and is now serving clients in Northern Kentucky. We have experience handling a wide range of legal issues and we place primary emphasis on finding practical and creative solutions to achieve our client’s personal and business objectives. We offer services in the areas of divorce, custody, child support, estate planning, estate administration, business formation, contract & lease negotiation, evictions, misdemeanor defense, felony defense, and many other areas.

Motions for Contempt in Custody Cases

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Motions for Contempt in Custody Cases

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.

Does my child’s opinion on custody and parenting time matter?

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Does my child’s opinion on custody and parenting time matter?

Parents often believe that their children 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 is 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 for 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).

Creativity within the Legal Profession

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Creativity within the Legal Profession:
A seasoned attorney once told me that there is no place for creativity within the legal profession.  This view may explain why many attorneys, even younger ones, embrace the traditional approach to the profession.  You can see traces of the traditional mindset in the attorney’s office furniture, marketing, and the way they approach legal representation of their clients.   Their office furniture looks like it is from the 19th century, they are still advertising in the yellow pages, and they talk to their clients in such legal-ease that their clients cannot possibly understand what the attorney is saying.
 
On the one hand, it is easy to understand the importance of tradition within the profession; our entire legal system is based on tradition and precedence.  On the other hand, attorneys are so concerned about preserving tradition that attorneys now believe that creativity has no place within the profession.  This is a scary thought, especially considering that some of the best representation starts with the most creative ideas.  
 
I for one, do not believe creativity is dead in the legal profession.  There is room for both tradition and creativity in the court room, in fact, this is how the legal profession has evolved with our changing attitude about morality and justice.  Creativity is why our clients hire us.  It is our job to come up with creative solutions to legal problems.  Sometimes these ideas are “rule-bending” and sometimes these solutions are complicated triangle deals that will solve our client’s business and personal problems.
 
I consider myself a progressive attorney.  I maintain a balance of tradition and modern that I consider to be ideal.  Although it is has become acceptable for female attorneys to wear non-traditional clothing to court, I tend to wear a traditional suit to court; however, my office furniture is minimal and modern (we have standing desks!), I do not advertise in the yellow pages, and I try to explain legal concepts in everyday English.  Our firm has integrated videos into our marketing plan and will continue to work with new media platforms that our clients also use in their business and personal lives.  I am also not willing to give up my creativity in my personal life.  If you find us on Facebook or Instagram (@ladiesoflaw), you learn something about our personal lives.  This may be off-putting to some, but I urge clients to accept and expect creativity in the legal profession.  Attorneys can only be as creative as our clients allow us to be.
 
For more examples of how Tibbs Law Office, LLC is leading the march to modern, check out http://www.TibbsLawOffice.com, in addition, you can subscribe to my youtube channel at www.youtube.com/TibbsLawOffice and www.youtube.com/tibbslawofficeKentucky.