Hartley Law Office, LLC

February 2017 Archives

Special considerations in a military divorce

During a divorce in Ohio, if one spouse is in the military, there may be special considerations that have to be made. Military members being called for active duty and the receipt of veterans’ benefits can play into divorce settlements. Federal laws set regulations for the use of military compensation for alimony and child support. The Ohio Revised Code specifically outlines some regulations for parenting time for parents who get an order for active military service.

Can a custody dispute interfere with my child's passport?

As a parent, you may have a wide variety of unanswered questions and concerns regarding your child. If you have gone through a divorce or are thinking about filing for one, child custody can be particularly contentious. As a result, you should be prepared for all of the potential problems that may arise during a dispute over child custody. In Dayton, Ohio, and across the country, these disputes can make life hard for parents and their children in many ways. Aside from emotional pain and courtroom stress, they may interfere with a child's passport application as well.

Biological father and adoptive parents fight over girl’s custody

For many in Dayton, the opportunity to become a parent may only be possible through adoption. However, adopting a child can be a complicated process. A biological parent’s right to maintain a relationship with his or her children is not easily terminated, and if the legal processes required to end it are not adhered to, he or she may feel justified in attempting to reestablish such a bond when the opportunity arises.

Is a 401(k) considered separate property in a divorce?

Once the decision has been made to end a marriage, the next step is deciding who gets what. If you have been married for decades, this can be incredibly difficult since you have both contributed so much to the family life and finances. Even couples in Ohio who have only been married for a short time may find it difficult to split up the marital assets.

Are you the legal father of your child?

In Ohio, when a child is born to a married couple consisting of a man and a woman, paternity is generally unquestioned. However, if you were not married to the mother of your child at the time of birth, you are not the legal father. You have no parental rights and cannot enjoy a positive relationship with your child.

What do I do if my visitation schedule needs modification?

You may think that all the negotiating and arrangements are complete once the judge declares you legally divorced, but visitation schedules may require you and your ex-spouse to periodically alter agreements as both of your circumstances change. This is a natural part of co-parenting, but one that is often aided with the help of a mediating attorney. The Ohio State Bar details everything you should know when you need to change your parenting plan.

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