When parents want to regain lost custody

Parents in Ohio may find themselves in an extremely difficult situation if they lose custody of their children. There are a number of factors that can lead to a parent losing custody, even when he or she loves the children. However, losing custody short of a termination of parental rights does not need to be final. Many people are able to regain custody and reestablish their relationship with their children. There are several steps that people can take to make a case that they should regain custody over their kids.

There are many reasons why people lose custody. It is important for a parent to understand the reasons for the custody loss, even if he or she feels that they are unfair or that they were the victim of an injustice. In some cases, a parent may lose custody after violating some kind of court order; in other cases, they may be falsely accused of neglect or abuse. Other cases may be less clear cut, such as a parent who left a child alone to go to a much-needed job. Understanding the issues in the case can help people plan to regain custody.

How financially damaging is a gray divorce?

If you are one of the many people over the age of 50 who lives in Ohio and is planning to get divorced or maybe even already in the midst of a divorce, you will want to educate yourself about the financial realities of ending your marriage at this stage of life. Breaking up a marriage and splitting assets is commonly a tough financial blow to couples regardless of their ages. However, the fact of the matter is that when a person has fewer years left to work, there is less time to recoup the losses they experience through a divorce.

As reported by Bloomberg, the phenomenon of a gray divorce may well be a contributor to poverty for people later on. Research looking at people who are at least 63 years of age found the rate of poverty is startlingly higher for those who have been divorced after the age of 50 and who have not remarried. Persons who remarried after a divorce regardless of age or who got married and never divorced had poverty rates just above 3%.

What to do when fifty-fifty does not work in divorce

Many marriages in Ohio have some contested assets. Family law attorneys typically refer to the problems that arise as complex property issues — disagreements that are not easily settled by a half-and-half split of the asset in question.

Divorce is not simple. However, these types of property tend to further complicate the process. Examples could include retirement accounts, unique works of art and parcels of real estate. Inheritances, trusts and items of sentimental value could also come under contest during a divorce case.

What are the signs kids might not be coping well from a divorce?

The end of a marriage is a stressful and heartbreaking time for most people. Adults can have difficulty adjusting to divorced life. It can be even harder for Ohio children, who must come to terms with their parents no longer loving each other and now living apart. Not surprisingly, your children may have a difficult time coping.

As Verywell Family explains, the first year after a divorce is often the most difficult time for parents and children alike to get used to their new lives and schedules. During this time, you will want to speak with your children often about their feelings and reassure them that both parents will always love them. Children can react to their parents’ divorce in different ways, according to their ages, as in the following examples:

  • Younger children may not understand why their parents live in separate homes, and they may react by regressing with certain milestones, such as wetting the bed or not using the toilet, and by becoming overly clingy and emotionally dependent.
  • Older children may blame themselves for the divorce and be afraid their parents do not love them as much.
  • Teenagers may blame their parents and become withdrawn and depressed or act out aggressively.

Wives earning more than husbands may make divorce more likely

When women earn more than their husbands in Ohio, the results can be devastating. In fact, this holds true virtually everywhere in the U.S., though not in all marriages. According to MarketWatch, 38% of American wives make more money than their husbands. Women also earn half or more of the household income in one-third of all couples living together in America, married or not.

In spite of this relatively high prevalence, American men are not adjusting well to the idea of having a successful woman in the home, or worse, one who may prove to be more successful than themselves. Sometimes this may result from personal insecurities. Other times, the women may choose to assert themselves as head of the households in-keeping with their income. While this was a common default for men even ten years ago, men often struggle in relationships where the tables turn.

The impact of a dispute and your child’s education

Getting a divorce can be extremely challenging for parents. In fact, the various issues that can arise during a divorce may prompt some parents to stay in a marriage even though it is toxic and potentially harmful to their emotional, financial or even physical well-being. Aside from many of the common ways in which divorce affects families, such as custody disputes and financial concerns, many other issues may need to be reviewed by parents at all stages of the divorce process, especially when it comes to custody and the potential ways in which this major change could affect a child’s education.

Sometimes, divorce can make children depressed or unable to focus in school. Moreover, relocation may be necessary, and switching schools can be hard for kids from an emotional and academic point of view. It is vital to ensure that your child continues to focus on their studies, regardless of the ways in which life may be changing at home. Talking to your child may help them work through these hurdles and may also give you a better idea of some of the concerns they have and the challenges they may be facing.

Why a trust is a great estate planning tool for divorced parents

When you marry someone, they stand to inherit a significant portion of your assets under Ohio law if you die during the marriage. Your last will likely talks about splitting the assets between your spouse and your children, and you may also use your will to name a guardian for your kids in the event that something happens to you. While that may be sufficient for married couples, needs change when you divorce.

Divorced parents have less reason to worry about naming a guardian because if they die, chances are good that their ex will simply assume sole custody of the children. That can feel reassuring to some people because they don't have to worry about who will care for their kids.

Should your children have a say in your custody decisions?

Trying to find a fair and mutually acceptable way to split up custody in a divorce is often very difficult. You and your ex may not agree about what is fair or reasonable given your unique family circumstances.

For many couples with young children, custody arrangements are the primary and most disputed issue that they have to address on their divorce. It is also an area in which people seek guidance, as custody can have long-term impacts on the social and emotional health of children.

Creating a post-divorce parenting plan

Ohio couples who file for divorce usually have to work through many complex issues, especially when they have children together. Custody, child support and parenting time are just a few of the issues that divorcing parents need to discuss. If a couple is unable to reach an agreement with each other, a state court may need to finalize the terms of the divorce.

The Ohio State Bar Association states that there are two possible custodial arrangements for divorced Ohio parents. If the court awards one parent sole custody, he or she is completely responsible for the child's welfare and makes decisions about education, medical care and extracurricular activities. When the divorce agreement stipulates shared parenting, childrearing decisions are not left up to one individual. The law gives both parents the right to make decisions about the child's welfare. In this situation, the court must approve a schedule that gives parenting time to each individual. In amicable divorce cases, parents may be able to work together to create a fair parenting plan for the court to approve.

Child support: What factors are factored in?

Going through the divorce process can be complicated and overwhelming, especially when children are involved in the separation. Child support is one of the most important topics to cover in the settlement. Children deserve financial support from both parents, even after their families have separated. 

Ohio, like many other states in the nation, follows an income shares model when determining child support. This model calculates child support based off of the idea that children should have access to the same amount of money that they would have had if their parents had stayed together. Both parents income is taken into consideration when measuring the child support. Once both parents’ income is configured, a table is used to determine how much support the non-custodial parent owes based off of the number of children involved. 

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Gregg R. Lewis, Esq. - Harry Lewis Co., LPA
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