pucci & quinlan, llp - Family Relations Law

related issues...

decree of legal separation…

In Ohio, the decree of legal separation is similar in many ways to a divorce except that the marriage has not been terminated. There is no “upgrade” to a divorce, if the parties in a legal separation later desire a divorce, they must file a new divorce action.

child custody…

If custody of a minor child (children) from the marriage is in contention the court will decide the issue based upon what it believes is in the best interests of the child. The law describes the issues which must be considered in determining the best interests of the child including, if appropriate: the wishes of the parents; the wishes of the child as expressed directly to the court; the mental and physical health of all persons involved; other factors named in the statute and any other evidence deemed relevant by the court.

If circumstances are deemed appropriate, a parent who does not have custody of a child will be granted reasonable visitation by the court. Also, there are circumstances where a non-parent, such as a grandparent, can be granted visitation if the person has a relationship with and interest in the child.

child support…

In Ohio Child support is determined by courts using a mandatory computation accounting for the incomes of the parties, work-related daycare expenses and other defined factors. Ohio law requires that child support be paid through wage assignment (automatic deductions from the paycheck) whenever available.

juvenile matters…

Family law also includes some legal proceedings not involving termination of marriage, including: custody and support orders in cases where the parents of a child are not married; paternity for the determination of custody and support orders; and other such matters.

domestic violence…

Domestic violence cases can be criminal or civil in nature because they frequently involve parties who are married, were previously married, or who are living together, are often handled as matters of Family Relations law.

enforcement of court orders…

Orders issued by the courts previously described are enforceable via the filing of contempt motions, for example, a party can enforce a court order by filing a motion to show cause and order to show cause. Should the court agree that a party has disobeyed an order of the court, the court will find the disobedient party in contempt of court.

parental rights…

When a marriage is terminated during which children have been born, an Ohio court must allocate parental rights and responsibilities for that child or children. Often misconstrued simply as issues of "custody" and "joint custody", parental rights are more often a complex set of issues which include custody but extend to issues such as the basic decisions which effect the child.

post-decree litigation…

Post-decree litigation is an action that takes place after the granting of a decree of divorce, dissolution or legal separation.  Often involving one party believing that the ex-spouse has violated a prior order of the court in some way or in some way involving children of the marriage.

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