Archive for the ‘Family Law’ Category
February 21, 2011
Who has custody of a child born to unmarried parents?
Under Ohio law, when an unmarried woman gives birth to a child, she is the sole residential parent and legal custodian of the child unless and until a Court issues an order designated another person as the residential parent and legal custodian.
How can a father become the legal custodian of a child or obtain visitation rights?
First, the father must establish paternity. Paternity can be established in a number of ways.
- Acknowledgment of Paternity Affidavit- Typically this is signed at the hospital at the time of the child’s birth, but can also be completed at a local health department or a Child Support Enforcement Agency (CSEA). This can only be done if the mother consents.
- DNA Testing through Child Support Enforcement Agency (CSEA)- This will be ordered if the mother applies for child support or if the father requests the establishment of paternity. If the DNA results indicate paternity then a child support order will likely be put in place.
- File a Complaint in Court- In order to establish paternity in Juvenile Court, the Father must also file for allocation of parental rights and responsibilities.
Once paternity is established, or in the same action in the case of filing a complaint in juvenile court to establish paternity, the father can then file a petition with Juvenile Court requesting the Allocation of Parental Rights and Responsibilities.
Does the Court favor mothers over fathers when making a custody determination?
Under Ohio law, in cases of unmarried parents, once a father has establish paternity and files a complaint to allocate parental rights and responsibilities, a mother and father stand on equal footing. This means that the Court cannot give preference to the mother when determining who will be the residential parent and legal custodian of the child.
Doesn’t paying child support give me a right to see my child?
Under Ohio law, a father is obligated to support his child and supporting a child does not give a father the right to visit with his child. If a father wishes to have custody or visitation rights, he must file a petition with the Court.
Elizabeth L. Perla, Esq.
Law Offices of Randall M. Perla
Cleveland Child Custody Attorneys
19443 Lorain Road
Fairview Park, Ohio 44126
Phone (440) 333-2503
Fax (440) 333-9650
perlalaw@wowway.com
www.randallperla.com
February 18, 2010
First, make sure your spouse is on the same page. In order to obtain a dissolution of marriage, both you and your spouse must not only agree to terminate your marriage, but also must agree to all the terms. If you and your spouse cannot agree, then you will have to file for divorce in order to end your marriage.
The following is a list of issues that must be settled with your spouse in order to obtain a dissolution of marriage:
1.) Division of all your property and debts- This includes division of all real estate, bank accounts, retirement accounts, personal property, credit card debts, loans, etc.
Important Note: In a divorce proceeding, the Court would first determine which property or debts are separate and which are marital. Only marital property and debts would then be divided among the parties, while separate property and debts would generally be awarded to the separate owner or debtor. For more information on determining whether property or debts are separate or marital, call our office to speak to one of our attorneys. (440) 333-2503.
2.) Spousal support- Whether or not spousal support will be paid by one spouse to the other and if so, how much and for how long.
Important Note: In a divorce proceeding, the Court would look at a number of factors to determine whether spousal support should be awarded including but not limited to the duration of the marriage, the earning abilities of the parties, standard of living established during the marriage, etc. For more information on determining what spousal support would be appropriate, if any, call our office to speak to one of our attorneys. (440) 333-2503.
3.) Minor Children- If you and your spouse have minor children, you must determine the custody arrangement that will be put in place and whether child support will be paid by one spouse to the other and if so, how much.
Important Note: The agreement should include who will be designate residential parent, a specific custody schedule that will be followed generally and for holidays and special occasions, provisions for decision making and responsibilities relating to health care, education, etc. In addition, the Court requires that Child Support Guidelines are completed using the parties’ respective earnings.
Elizabeth L. Perla, Esq.
Law Offices of Randall M. Perla
Cleveland Divorce and Dissolution Attorneys
19443 Lorain Road
Fairview Park, Ohio 44126
Phone (440) 333-2503
Fax (440) 333-9650
perlalaw@wowway.com
www.randallperla.com
February 11, 2010
So you are planning on getting married. Congratulations and best wishes! But before you say “I do” to your new spouse, please consider the following important estate planning tools. Your future, as well as the future of your children and grandchildren, depends on it.
Prenuptial Agreement- Counter to popular opinion, prenuptial agreements are not just for the rich and they’re not just in case of divorce. Prenuptial agreements can be used to ensure that property passes to children or other chosen heirs and not a new spouses, in the event of death, among other useful advantages.
Last Will and Testament- Without a will setting forth who will inherit on the event of your death, Ohio law dictates that your spouse will inherit much if not all of your probate property (unless a valid Prenuptial Agreement states otherwise).
Living Trust- Although Ohio law does not allow a spouse to entirely disinherit a spouse as far a probate property is concerned (without a valid Prenuptial Agreement), because a spouse cannot elect against non-probate property, you can effectively disinherit a spouse by transferring property into a Living Trust.
Keep in mind that if you haven’t yet tied the knot, a Prenuptial Agreement is your most powerful planning tool. If you are already married and would like your inheritance to go elsewhere should you predecease your spouse, a Living Trust may be your best option.
Elizabeth L. Perla, Esq.
Law Offices of Randall M. Perla
Cleveland Divorce and Estate Planning Attorneys
19443 Lorain Road
Fairview Park, Ohio 44126
Phone (440) 333-2503
Fax (440) 333-9650
perlalaw@wowway.com
www.randallperla.com
