HOW TO KEEP YOUR SEPARATE ASSETS AND PROPERTY FROM YOUR SPOUSE IN A DIVORCE – OHIO

Divorce

Parties in Ohio can make separate property claims during a divorce for certain property and assets to be excluded from the fair and equitable division of marital property. The Ohio revised code includes that “Separate property” is defined as all real and personal property and any interest in real or personal property that is found by the court to include the following:

      • inheritance by one spouse
      • acquired by one spouse prior to the date of the marriage
      • passive income and appreciation acquired from separate property by one spouse during the marriage
      • real or personal property that is excluded by a valid antenuptial agreement
      • compensation to a spouse for the spouse’s personal injury, except for loss of marital earnings
      • compensation for expenses paid from marital assets
      • any gift to one spouse

The commingling of separate property with other property of any type does not destroy the identity of the separate property as separate property, except when the separate property is not traceable.  In divorce proceedings in Ohio, the court may determine what constitutes marital property and what constitutes separate property. Commingling property means that the parties have combined their marital property and separate property into one lump mass where it is difficult to tell what property is marital property and what property is separate.

Failure to provide the correct documentation or witnesses concerning separate property to the court can result in a division of property that rightfully belongs to only one party, since the law for Divorce in Ohio is fair and equitable division of all marital property.  Property which for all intents and purposes looks to be marital property will be deemed marital without other evidence. A party who wishes to claim separate property assets in a Divorce should be prepared to provide documentation and evidence of all separate assets for the court. Separate assets and property can include all or a portion of real property, businesses, bank accounts, retirement accounts and passive income.

For example, evidence of an inheritance may require testimony from family members about the source of funds or property when there is an inheritence or family heirlooms. Sometimes finding proof of separate assets and property can require digging through bank records and credit card statements. Parties might need to send out subpoenas for records to gain access to information that is older or otherwise electronically inaccessible as another tool to gain information.

A division or disbursement of property or a distributive award made pursuant to a Divorce in Ohio is not subject to future modification by the court except upon the express written consent or agreement to the modification by both spouses. Ohio’s Divorce law that awards are not subject to future modification generally means that all sales are final.  Prior to any entry for Divorce in Ohio all separate assets must be properly identified so they are not wrongfully divided or credited to the other party in a final order. Parties who have separate assets and property or believe they have separate assets and property as part of their Divorce should contact a local family law attorney in order to fully understand their rights before the Divorce is final. R. A. Parish Law, LLC provides 30 minute, no cost, no obligation consultations at (614) 407-0443.

CAN STEPPARENTS ADOPT WITHOUT THE BIO PARENT’S PERMISSION?

Adoption, Child Abandonment, child custody, Family Law, Stepparent Adoption

Throughout the State of Ohio there are many cases where a stepparent is caring for a minor child in place of a biological parent with little to no help from the biological parent.  In some cases, the absent parent may owe extensive outstanding arrears for child support. In other cases, there may not be any prior court orders or parentage is unknown.  Most courts will require at least some notice of adoption to go out to the parent whose rights may be terminated but not all circumstances require a parent to give consent for the adoption.

In all cases of adoption in Ohio the mother of the minor child must be served with statutory notice of the adoption so that she is given an opportunity to appear if she wishes to contest the adoption. A father must be given notice of an adoption proceeding if prior to the date the petition was filed, it was determined by a court proceeding (such as a child custody case) or administrative proceeding (such as child support) that he has a parent and child relationship with the minor. Fathers in Ohio can protect their statutory right to receive notice of an adoption by filing into the putative father’s registry or by signing their minor child’s birth certificate and/or acknowledgment of paternity. Pursuant to Ohio Revised Code 3107.061 a man who has sexual intercourse with a woman is considered to already be on notice that if a child is born as a result and the man is the putative father, the child may be adopted without his consent if the putative father fails to register as the minor’s putative father with the Ohio putative father registry. In cases where a father is not registered and his whereabouts are unknown it is likely a putative father may not learn of an adoption at all.

Even when parents are required to receive the proper statutory notice of their minor child’s adoption, their consent to the adoption may not be necessary despite their best arguments against the adoption. If the court finds that a putative father has willfully abandoned or failed to care for and support the minor child, then the minor child may be adopted without the consent of the father. Consent to an adoption is also not required if it is alleged in the adoption petition and the court finds by clear and convincing evidence that either parent has failed without justifiable cause to provide more than “de minimis” contact with the minor or to provide for the maintenance and support of the minor for a period of at least one year immediately preceding the filing of the adoption petition or placement. This means that an Ohio parent who has not provided de minimis contact and support for at least one year in compliance with a court order, such as child support, is at risk of having their parental rights terminated against their wishes and without their consent.

Other situations exist under Ohio law where consent for an adoption is not required by the biological parent.  A putative father’s consent for adoption is not necessary if he has not signed the registry or if it is later found he is not the father of the minor. Consent for adoption by a putative father who has signed the registry may not be necessary if the court finds that he has willfully abandoned the mother of the minor during her pregnancy and up to the time of her surrender of the minor or placement of the minor for adoption. Consent for adoption is also not necessary if a parent is declared incompetent or if a parent has failed to respond in writing to an adoption petition after being properly notified of the proceedings.  The court will not require consent for adoption from a guardian, custodian or other party who merely has temporary custody of a minor child.

When a stepparent adoption is granted the biological parent’s rights are permanently terminated. In the event of a Divorce, the adopting stepparent will hold the same rights of a biological parent in making claims for child custody and in payment of child support.

7 WAYS TO INCREASE YOUR CHANCES FOR SHARED CUSTODY AND TO KEEP SHARED CUSTODY

child custody, Family Law

Parents who find themselves in the middle of custody disputes can take steps to improve their chances for shared custody at no extra cost to their case. Where shared parenting is already in place, parents can take steps to keep their shared parenting plan by preventing obstacles that might cause a change in circumstances. The following tips can be utilized by parents in all settings and especially ones who wish to maintain shared parenting after a breakup or divorce.

    • Be On Time Always. Everyone’s time is precious. Parents plan their day based on school schedules, work schedules, activity schedules and medical appointments. When something happens to throw a wrench into the day a parent must quickly adjust their plans. These adjustments can easily affect the children and their other parent. Chronic lateness can lead to negative outcomes such as missed medical appointments or extracurricular activities and anxiety. A chronically late parent can be certain the other parent is keeping a log of the excuses to present to the court given the opportunity. Occasionally, events may occur which put that wrench into the day, events should not occur frequently where it is causing everyone to make ongoing adjustments and creating chaos.
    • Keep A Regular Schedule For Parenting Time. Repeated changes or requests for changes to the parenting schedule for no other reason than that parent’s own convenience or lack of planning is an issue for everyone, including the children. Changes to the parenting schedule means everyone must change plans to accommodate the new schedule. While occasional changes are necessary it is best to keep a regular routine and schedule that both parents and the children can easily follow. The bottom line is that courts like schedules. Schedules show stability and consistency, especially for young children. There are circumstances where some parents have work schedules which are erratic. For parents with erratic work schedules, there is no magic answer except to try to be as predictable as possible for the children. Where older children are involved, they can be included in family calendars and/or charts to help everyone stay organized.
    • Be Organized. There are several online calendar apps such as Google Calendar that can be shared with other users. Sharing a calendar app allows parents to record appointments for the children in a place that both parents can be made aware of upcoming appointments, activities and special events. For parents who have more complex needs, there online co-parenting apps such as Appclose and Our Family Wizard which not only allow parents to share calendars they are also hubs for communication and document sharing. Co-parenting apps are great at helping parties keep a record of communication in an organized date and timestamped manner in case there are questions or there is a discrepancy. Our Family Wizard is accepted by Ohio courts for use by parents to help resolve some of the organizational issues between parents. Some apps such as Our Family Wizard do have an annual fee.
    • Accept that Your Ex Isn’t You. The children’s clothes may not exactly match, their hair is not combed normally, and they had pizza for breakfast after playing video games on Saturday night. The children may have also even been up a little later than normal. While one parent may have more strict routines, another parent may not follow the same routines or is laxer in their daily/weekend routines. Many children are happy even when the stricter routines are not followed, albeit they may not be as perfectly manicured and fed as they would be otherwise. The parent with more strict routines may feel ready to nit pick and tear apart the children’s good time and fun due to the children not having their routines done exactly as before the breakup. The best advice is just don’t do it. Instead, keep a log of concerns. A log of concerns can be used in court to help describe when a parent is acting against the best interest of the children. It is easier to see from a log over time if the concerns are a pattern of behavior, indicative of other issues or maybe the concerns are not valid at all.
    • Be Positive to the Children About Their Other Parent.  Children love both of their parents. Demeaning the children’s other parent to them is demeaning a part of them. Building up the children’s other parent’s talents to them and highlighting the positive ways they resemble their other parent helps to build self-esteem.  Being positive also builds trust. Parents who have a history of negative communication can improve their chances of shared parenting by learning new skills.  Many courts now require parents to attend classes and there are several online shared parenting classes and communication courses available. Some parents prefer to take the classes together and other parents prefer to take them separately. It is always beneficial to learn more positive ways to communicate and any class certificates can be used by parents to show the proactive measures they have taken in their request for shared parenting.
    • Discuss All Relationship and Parental Issues in Private. Discussions can easily be taken out of context or erupt into arguments especially when emotions from a breakup and separation are still very high. The children should never be placed into the position by their parents of taking sides. Taking care to keep communications private can help parents keep an upbeat relationship with their children and help prevent the children from becoming involved in the arguments of the parents. Parents should keep in mind that such arguments may be used against them if the children hear arguments at exchanges or in the presence of their parents which cause them to be upset or anxious. Older children may be given an opportunity to talk to the judge in private if issues are raised concerning negative communications and actions of the parents. Communications about issues related to the relationship or children can be done by text, email, private phone call or in a parenting app. Communications are best done in writing for parents who anticipate litigation concerning custody.
    • Participate in the Children’s School Events, Activities and Appointments. Shared parenting means that both parents will take responsibility for their children to attend important events, activities and appointments which are significant to the children. Parents should have a copy of the children’s school calendars and event calendars handy and they should be knowledgeable about their children’s schedules. Some parents share uniforms or special equipment or they have agreements to supply them separately. Keeping the children’s needs first and foremost is imperative to understanding their best interests. Being knowledgeable about events, even if an event cannot be attended due to work or other obligations, not only helps to show the children how much their parent cares for them, it helps to show the court that the children’s best interests are a top priority. It is strong evidence for any court to consider when a parent is consistently proactive and responsible at maintaining their own involvement in the children’s lives.

When arguments, miscommunication and events arise where parents are at odds and the children are upset it will be very difficult for the court to grant an order of shared parenting and shared custody.  In situations which are highly volatile it is more likely that one parent will be named the residential parent and legal custodian and the other will be granted visitation. Parents who practice good communication, courtesy and respect have better chances for a shared parenting and shared custody.

 

Please contact R. A. Parish Law, LLC (614) 407-0443, raparish@rplawohio.com to learn your legal options for shared parenting and shared custody.  No cost, no obligation 30-minute consultation.

 

Common Myths About Shared Parenting Plans and Joint Custody

child custody, Ohio Parent Laws

For parents who are in the process of going through a divorce or child custody case, the decision of whether or not the parents should share custody is one of the most important considerations to be resolved by the Court.  Like every other state, Ohio has its own unique laws pertaining to child custody and it’s important for parents to be accurately informed. In order to help prepare parents for matters pertaining to child custody, it is important to debunk some of the myths about shared parenting and joint custody.

MYTH #1 – WE DON’T NEED A PARENTING PLAN OR CUSTODY ORDER FOR OUR DIVORCE SINCE WE AGREE ON EVERYTHING

Here in Ohio, state law requires divorcing parents to submit a parenting plan to the court in any case where there are minor children. The purpose of a parenting plan is to outline the child’s needs, how the child’s time should be divided between the parents, and each parent’s access to the child. The Parenting Plan will set forth the details of legal and physical custody, the parenting time schedule, the Summer and holiday schedule, transportation arrangements, child support and any other details specific to your unique circumstances. The parties can agree to a Parenting Plan, or the Judge in your case will implement a parenting plan based on the testimony and evidence presented at trial.

MYTH #2: SHARED PARENTING OR JOINT CUSTODY MEANS THERE WILL BE NO CHILD SUPPORT PAYMENTS

In cases of shared parenting or joint custody arrangements, both parents will typically share equal decision-making rights and parenting time is allocated for the best interest of the child up to equal time. However, equal time does not necessarily negate the possibility of child support payments. In Ohio, courts will still look to the needs of the child and both parent’s respective financial earnings to determine if child support will be required. Generally, if one parent is earning a far greater income than the other, then the parent who is earning more will pay some form of child support. Many parents can work out arrangements where certain expenses are paid for the child and there is reduced child support or certain expenses are paid instead of child support. In Ohio, regardless of circumstances, a child support calculation must be submitted to the court and explanations must be provided by the parents for any deviations from the statutory calculation.

MYTH #3: A SHARED PARENTING OR JOINT CUSTODY ORDER IS A FINAL ORDER

Once the court has issued an order regarding custody or the parties have agreed to an order for custody, that order will remain in place until a child reaches the age of 18. However, under certain circumstances, custody, parenting time, and child support can be modified. It is common for changing circumstances to make it increasingly challenging or impossible to abide by the terms of the original parenting plan or custody order. In these cases, either parent can file a petition to modify the terms of the parenting plan or custody order as necessary to incorporate changes. The parent who requests the modification must successfully prove that there has been a material change in circumstances that impacts the child’s best interests before a judge will grant a change to the custody order. Alternatively, the parties can agree to modify the terms as they deem appropriate by filing any amendments in writing with the court.

Hopefully you found this information helpful and informative. If you have any questions pertaining to divorce, child custody or any other family law matter, please don’t hesitate to contact R. A. Parish Law, LLC at (614) 407-0443 for a free 30-minute consultation.

Ohio Unmarried Father’s Rights Must be Preserved by the Father

child custody, Ohio Parent Laws

According to the CDC in the year 2019 over 43% of births in the state of Ohio were to unwed mothers. Some parents choose not to marry and remain happily committed. Some parents find themselves in situations where their relationship did not last beyond the initial days or weeks of their child’s conception.  Other parents have relationships which are volatile being on again and off again where during the pregnancy and time of their child’s birth the father is not welcome to be present or permitted to sign the birth certificate and acknowledgment.  When expecting parents are not together as a couple it is not uncommon for a mother to cut off a purported father completely from any communication concerning the unborn child and/or the birth.  Additionally, a mother may move to a new address without providing any forwarding information despite requests from the purported father for the information and to be involved. The Ohio legislature has determined by statute that a mother is the residential parent and legal custodian of a child born to unmarried parents but what about the father’s rights?

A Father in Ohio must take steps to protect his parental rights, that is, unless a father is married to the mother, signed the birth certificate (with the consent of the mother), or has been deemed by an Ohio court to have a legal parent-child relationship. A Father who is not married to his potential or newborn child’s mother can take steps to protect his parental rights to ensure that the state of Ohio is on notice of his claim of fatherhood. The Ohio Putative Father Registry (OPFR) is a computerized database maintained by the Ohio Department of Job and Family Services. The OPFR allows a male to register if he believes he may have fathered a child and wants to be notified if the child is placed for adoption or if other custody issues arise specifically concerning Children’s Protective Services.

There is a strict timeline. Any male who believes he may be the father of an unborn child, or a child born within the last 14 days, should register with the OPFR. This includes an adult or a minor who is less than 18 years old. Failure to register can mean that a child is legally adopted without the putative father’s knowledge or consent. It is very important that the online or written registration be received by the OPFR no later than 14 days after the child’s birth. When a father does not register within the statutory 14-day timeline he cannot later claim any lack of notice and/or lack of consent to his child’s adoption or permanent placement should one be filed for the minor child.

An unmarried father, even one who is not exactly sure of his fatherhood, can register with OPFR to preserve his constitutional parental right to be given notice of possible adoption issues concerning his child. This is true even if the purported father is not permitted to be involved with the child and/or the mother has disappeared to an undisclosed location elsewhere in the state. Other circumstances may exist where an unmarried father is shutout but is aware that the mother of his child has drug dependency history, and his child will be born most likely testing positive for illegal drugs. In drug dependency cases, if an unmarried father has not registered with OPFR prior to his child’s birth or within 14 days of it then there may not be any requirement to notify him upon his child’s birth and ultimate adoption with other relatives or into the state foster care system. A father cannot delay as the 14-day deadline is mandatory. Signing onto the registry does not create a legal obligation on behalf of an unwed father but merely identifies him and provides that he receive notice of legal proceedings specifically concerning adoption.

In Ohio, when a child’s parents are not married to each other upon the child’s birth, that child does not have a legal father. Paternity must be established to create a legal relationship between a father and child and before the father’s name can appear on the birth certificate. What can an unmarried Father do to protect his parental legal rights when the Mother has excluded him from the pregnancy and birth?

    • Seek legal counsel as soon as possible. Find someone who makes you feel comfortable and who understands your wishes.
    • A potential putative father, or his representing attorney, may register online or in writing with the OPFR. Notice can be sent to OPFR by mail or email during the pregnancy up to 14 days after birth.
    • Even if the child is not born yet a putative father can provide the mother’s information to the registry. Give the mother’s full name with correct spelling along with any other identifying information including date of birth and social security number if available.
    • It is the responsibility of the putative father to keep his address updated with OPFR if he moves after registering his notice.
    • Do not delay in filing to establish paternity and to allocate parental rights and responsibilities in the county court where the minor child resides.

For questions concerning protecting your father’s rights and to establish paternity in the state of Ohio please contact R. A. Parish Law, LLC.   R. A. Parish Law, LLC is available to help guide you with compassion and skill. Free 30-minute consultations (614) 407-0443.

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