Lots of recent posts to check out at http://www.cornwell-law.com:
Ohio Custody Agreements are Not Legal if They Do Not Go Through the Courts
Excerpt:
- A written agreement between the parents does not make it legal, that agreement is only as good as long as the parties agree, and disappears into nothing once they stop agreeing.
- Notarizing a written agreement does not make it legally binding, it just guarantees the identity of the people who signed the document.
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Help! My ex will not give me a copy of my child’s insurance card!
Excerpt:
If there are no court orders regarding parental rights of the child then the parent withholding the card is not doing anything legally wrong, but possibly not acting in their child’s best interest (depending on the circumstances).
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Unmarried Fathers Beware: Seek Out Your Rights or the Mother May LEGALLY Move Without Telling You
Excerpt:
These are all valid concerns. However, the risk that the Father who waits takes is that they mother will move. Until an unmarried father has established his parental rights of parenting time, the mother has no duty to tell him when she is going to move and where she is going. Even when he does have parenting time, unless the court orders it (father needs to ask for it), mother might simply have a duty to let the COURT know where she is going, not the father.
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When should you file for contempt?
Excerpt:
How long should you try to work out a problem with your ex? When should you “file for contempt”? How long should you let this go on before you do something about it? What should you do?
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Generally, people coming in to see a dissolution attorney are in one of these four categories. It will help the dissolution lawyer to give the client the consultation that best fits their needs if the person can determine which category they are in and let the lawyer know at the beginning of the consultation.
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10 Things You Need to Know About Dissolution in Ohio
The Law Offices of Virginia C. Cornwell helps people with dissolutions in numerous ways. Some people have a complete agreement and want a flat fee dissolution. Prices for flat fee dissolutions can be found on our FAQ page. Some people have not reached dissolution, but after meeting for a consultation, the attorney believes that an agreement could be reached through negotiation, and so they retain us to negotiate on their behalf to work toward a dissolution. Some people cannot afford a lawyer, and need to represent themselves, they just have no idea where to start. Those people have a consultation with us where the attorney gives them blank forms that they will need and talks to them about some of the more complicated issues in the forms. Dissolutions are not one size fits all!
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Ohio Supreme Court: Unvested Military Retirement Benefits Are Marital Property
Excerpt:
The court acknowledged that it may be difficult to determine the value of benefits that have not vested and may never vest, but stated that it does not follow that those future benefits have no value. Favoring the deferred distribution method of dividing the asset, the Ohio Supreme Court noted that the trial court was provided with all of the information necessary to calculate the “coveture fraction” (ratio of number of years of employment during the marriage to number of years over the total years of employment).
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Excerpt:
Effective September 2, 2014, until further order of the court, Franklin County Ohio will be using the following schedule as their local visitation Rule 27.1 (Domestic Court) and Rule 22.1 (Juvenile Court). Any reader of this rule must consult their own court orders regarding his or her parenting rights and shall not construe the publication of this rule to mean that he or she has any legal rights:
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Federal Judge Rules that Ohio Must Recognize Out of State Same Sex Marriage
Excerpt:
- It does not mean that gays can get married in Ohio
- It DOES mean that if a gay couple was married in a state that legally recognized their union, then Ohio must recognize their marriage as well
- It DOES mean that if a gay couple was legally married outside Ohio, then they can get a divorce, dissolution, legal separation or annulment in Ohio. The impact of this one is HUGE.
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Can My Ex Claim Our Child on Taxes?
Excerpt:
FIRST: Were the parents of the child ever married? For Ohio never married parents, unless a father has gone to COURT to get his parental rights the mother has the right to claim the child as a dependent. Period. End of Story. It is important to note that COURT means COURT. These things are NOT ENOUGH to allow a never married father to claim the child as a tax dependent:
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Virginia Cornwell is an Ohio State Bar Association Certified Family Relations Specialist.
DISCLAIMER – Read it, it’s important!
