Now that We Broke Up, Who gets the Engagement Ring?

Divorce


When you met the love of your life, you presented her with the most stunning diamond engagement ring that your money could buy. It is the most significant jewel, even if it isn’t the first piece of jewelry you’ve given her. But now, your relationship has been shattered and maybe you followed through on the marriage or maybe you didn’t.  But what happens to the engagement ring?

In Ohio, property is divided in a Divorce through the process known as the equitable division of assets. Most property that is acquired during the course of a marriage is considered a marital asset. However, property that is considered to be separately owned by one spouse under Ohio law includes the property owned by one spouse before the marriage as well as gifts and inheritances which are not subjected to the marital distribution.

You purchased the ring before the marriage. Is it a gift? A symbol? This is where the discrepancies come in. While there isn’t a set rule which says what must happen to the ring, there tends to be a trend the courts will follow depending on set circumstances.

The ring is the separate property of the spouse who received the ring so long as the couple did get married after the ring was given. The timing of the gift is important because as noted above property that is acquired during the course of the marriage is subject to equitable division. But, if the couple separates before “I Do,†most states will say the gift was conditional and should return to the person who purchased it.

In Ohio, the conditional gift rule is most often in place for engagement rings. This was solidified by the court’s ruling in the Smith v. Shafer case in 1993 when the Court stated: “Generally, a completed inter vivos gift is absolute and irrevocable.â€Â  However, a donor may impose conditions on a gift so that if the conditions fail, the gift also fails.  The loophole for this is if the engagement ring was given on a holiday or the receiver’s birthday. In those cases, it may be argued that the engagement ring was not given in anticipation of marriage but given for some other purpose.  We can go further into argument if the ring was a family heirloom, or was destroyed/lost  before it could be divided or recouped, given any arguments there are most likely further issues to follow.

That’s why if you are in the process of a major breakup or divorce in Ohio, you need the guidance of a trusted family law attorney. “Breaking up is hard to do†but getting the engagement ring back doesn’t have to be. Whether you never made it to the altar or you are going through a divorce, R. A. Parish Law, LLC will work tirelessly to ensure your assets are distributed fairly and equally.  Contact R. A. Parish Law, LLC today for a free consultation at (614) 407-0443.

 

 

Parental Alienation: What Can A Parent Do About Parental Alienation and a Malicious Parent?

Parental Alienation


Just about everyone has some idea of the impact that divorce or breakup has on the children.  Some people elect to stay in less than perfect relationships to avoid being away from their children or to avoid issues they know will exist given an end to the relationship. That said, parental alienation and malicious parents represents one of the most harmful aspects of any divorce or breakup.

Parental alienation and malicious parents come as a result of parents who just don’t like one another and an excessive amount of resentment. In many cases, alienating parents or malicious parents ask the children to take sides either overtly or in actions and words.

Experienced family law attorneys advise their clients against speaking poorly about their child’s other parent, especially in the presence of the children. Meanwhile, some mothers or fathers threaten to cut financial benefits, discontinue cell phone service and/or take away access to other personal items if the children do not side with them and agree with their opinions.  Some mothers or fathers place the child in fear of abandonment or fear that basic needs will not be met. Worse, alienating mothers and fathers can behave in ways to sabotage their child’s other parent.

The Impact of Parental Alienation

Children are a part of both parents. When a mother or father bad mouths the other, the suggestion is that part of the children is also unworthy. The negative view can cause damage to the children’s self-esteem.

It’s a typical story in a divorce case where an aggrieved spouse can’t contain their anger and they share the grievances about the other parent with the children. As one can imagine, an already tense situation can quickly escalate as slang words, accusations and threats are thrown around in the household. No child wants or needs to hear their mother portrayed by vulgar names or their father referred to as nothing but a loser, which unfortunately can be a common occurrence for many children caught in the middle of their parents divorce or breakup.

When determining child custody an Ohio court will consider the willingness and ability of each of the parents to encourage a close and continuing parent-child relationship with the other. Some courts consider parental alienation a form of child abuse. Parenal alienation and malicious parent issues absolutely impact the way the court looks at custody cases.  The Ohio General Assembly has found that the parent and child relationship is of fundamental importance to the welfare of a child, and that the relationship between a child and each parent should be fostered unless inconsistent with the child’s best interest.

Parent alienation Syndrome and Malicious Parent Syndrome are not recognized by the American Psychiatric Association as actual syndromes.  A Divorce or Custody case in Ohio based solely on the issues of parental alienation and a malicious parent fails to take into the consideration the other factors involved with the best interest of the children. The best interest of the children is the court’s sole focus. Any parental alienation or malicioius parent issues are only part of the case. Parties are best to focus on the best interest of the children which can include evidence of alienation or malicious parent.

It is well settled that a custodial parent’s interference with visitation by a noncustodial parent may be considered a ‘change of circumstances’ which would allow for a modification of custody. See Holm v. Smilowitz (1992), 83 Ohio App.3d 757 [615 N.E.2d 1047].

Parents can steps to help their children grow to maturity free of worry about their parents issues.

Parental Alienation Ohio Law: R. A. Parish Law, LLC

R. A. Parish Law, LLC can help you untangle the truth if you believe you are experiencing parental alienation and a malicious other parent.  Contact R. A. Parish Law, LLC today for a free consultation at (614) 407-0443.

Child abandonment and unattended children: At what age does being left home alone turn into an issue of child abandonment?

Child Abandonment


What is child abandonment?

When we hear child abandonment, we often think of a mother dropping an infant off on a stranger’s porch or leaving without a young child to go out for the evening. However, while these are possible examples of child physical abandonment in Ohio, parents should be aware there are also other forms of abandonment aside from the physical.

Parents can be found financially abandoning their child, in ways such as not making child support payments. It is not enough to miss one payment and is generally a period of at least 90 days.

Too young to be home alone?

The question of physical child abandonment becomes not only a legal question but a psychological one, too. According to the American Academy of Pediatrics, the majority of social workers found that a child should be at least 12 years old before being left alone for four or more hours. This is often the age at which most kids gain enough maturity, but this is also based on environmental factors and other things.

If called upon in cases of child neglect, most social workers will use this age and time measure to determine if the child has been neglected, especially if the child is injured or faced danger while left alone.

My ex left our child home alone–do I have a custody case?

The Ohio Domestic/Family courts have rights to terminate residential parent status and to terminate shared parenting plans when abandonment does occur.

In order to petition for the termination of parental rights, the petitioning party must prove that termination of parental rights is in the best interest of the child. To prove this, the other parent, grandparent, family member, or guardian must show:

-          Evidence of child abuse or neglect;

-          Sexual abuse;

-          Abandonment by the parent;

-          Failure to provide support or maintain contact with the child for at least ninety days;

-          A long history of substance abuse; or

-          Incarceration

Simply finding out your ex left your child home alone for a short period of time is probably not enough to terminate the parental relationship.

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