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Butler County Divorce Law Blog

Can grandparents get visitation rights?

If you are a grandparent of a child in Ohio, you may wonder if you have any rights to visitation with that child. While your rights are not automatic like a parent's rights, the court can grant you visitation in some situations. Generally, according to the Ohio Legislative Service, to be awarded grandparents visitation rights, you must show that it is in the best interests of the child.

The court can only grant grandparents rights in three situations. The first is when the parents are not married. If you are a paternal grandparent, the father must be determined first either through voluntarily admitting or through a DNA test. The second situation is if your child dies. You can then petition for visitation rights to his or her child. The last situation is when the parent's divorce or separate. You may file for rights as part of the divorce case or after. 

What state should I have to file in for a military divorce?

For most couples in Ohio, it is easy to decide where to file for divorce. They go to the local courthouse and get it handled. However, if you are a military family, it may not be that easy due to moving around a lot and not having a permanent address or even established residency, which are often required to file. 

According to Military.com, choosing what state in which to file for divorce is a serious matter due to the difference in laws between states. Luckily, you have a choice of where to file. However, there are still rules you must follow when choosing a state.

Co-parenting a child who is in college

When children head off to college, your co-parenting arrangement is likely to change in the sense that the children have more say and independence in what they do. Also, you no longer have the ability to go to court to force a parenting plan modification, at least for that specific child.

Of course, there may be exceptions if the child happens to be younger than 18. For the most part, though, you are in for what could be some tricky paths to navigate. Here are some tips to help these college years go by more smoothly.

The many benefits of divorce mediation

If you are among the many people across Ohio who suspect a divorce may be in your near future, you may be starting to do your research about the process and exactly what it involves. Unless your soon-to-be-former partner is abusive or the two of you have a particularly volatile relationship, you may want to consider undergoing divorce mediation, as opposed to a traditional divorce. At the Law Office of Kristen L. Campbell, LLC, we understand that divorce mediation offers many benefits, and we have helped many clients navigate the process while pursuing mutually suitable post-divorce arrangements.

According to the American Bar Association, mediation involves having both parties in a marriage rely on an unbiased third party, called the mediator, who can help the two of you identify and work through issues. These might include alimony issues, child custody issues, asset division issues and so on, but the ultimate goal in mediation is typically to enable you and the other party to establish lasting, agreeable terms for your divorce.

Divorce: Recognizing the signs of PAS to protect your kids

When couples in Ohio who have kids divorce, the effects often bring about changes to their relationships that ultimately damage the family dynamic. Change is an unavoidable aspect that affects everyone's relationship with each other. If you are going through a legal separation and want to minimize its effects on your kids, it is important for you to not interfere with their relationship with the other parent. 

Parental alienation syndrome (PAS) is a dirty tactic some parents use to get the upper hand in child custody and visitation negotiations. Some of them think that by manipulating their kids' emotions and actions, they can destroy the other parent's relationship with them. As beneficial as this may seem, it can have extremely damaging and long-reaching effects on the victims. 

What are the benefits of a prenuptial agreement?

One of the best ways to prevent arguments and problems with assets during your divorce settlement in Ohio is to have a prenuptial agreement. This legal agreement can be used to predetermine who gets what should a divorce occur. It is beneficial for both of you.  

According to Fox Business, a prenuptial agreement allows you to protect assets you owned before the marriage. In some cases, it can also be used to protect assets obtained during the marriage. It can set up spousal support guidelines, too. If one of you owns a business, this document can also help keep that protected from the divorce process. The only real limitation is when it comes to children. Visitation and child support guidelines cannot be included in such a document. 

Are mediation and arbitration the same?

When it comes to divorces and other legal disputes in Ohio, you may have heard mediation and arbitration discussed as possible solutions. However, while some people may think the two concepts are one and the same, the fact is that mediation and arbitration each involve a different method to resolve a dispute between parties.

According to the Huffington Post, arbitration is not unlike a court proceeding. Basically, two or more contesting parties will submit to a neutral third party to act as the judge and jury for their dispute. This neutral party can consist of one or more individuals. An arbitration functions like a court trial but the procedures and rules are simpler, plus it takes place outside the court system. Should the parties agree to a binding arbitration, the decision of the arbiters can be enforced in a court of law if one or more of the parties refuses to comply with it.

Military divorce involves special considerations

If you live in Ohio, are in the military or married to someone who is, and are heading for divorce, it is important that you recognize the various ways in which military divorces differ from traditional ones. While divorce is rarely easy for anyone, military divorces involve special considerations for you and your family, and recognizing what these considerations are may save you considerable time, stress and money moving forward. At the Law Office of Kristen L. Campbell, we have a solid understanding of the special circumstances involved in military divorces, and we have helped many couples with military ties learn to navigate them.

Often, one of the first things divorcing military couples want to know is whether the non-military party will retain access to military benefits once divorce proceedings start. If, per Military OneSource, you have a spouse who is also a military member, you can expect to retain your health care benefits and your ability to use a military commissary until your divorce becomes final. Once it does, however, unless you meet very specific criteria that most military couples do not, you will lose your access to TRICARE benefits. However, you do have the option of purchasing up to 36 months of temporary health care coverage through the U.S. Department of Defense.

The best interests of the child: grandparents' rights in action

Ohio has state laws regarding grandparents' rights. But what happens when there is a clear danger to a grandchild's well-being?

A recent Hamilton County case is a prime example of the painful situations grandparents can find themselves in regarding the safety of their grandchildren.

How does divorce affect your taxes?

As if divorce does not come with enough worries, taxes are yet another consequence you have to consider. You may wonder how you should file, especially if your divorce will not be final for months. Or perhaps your divorce is already over and you do not know how to file due to the recent changes.

Regardless of your situation, the time to review your tax options is now. You do not want to wait until tax season when accountants have an overload of work and you are scrambling to get all your documents in order before the deadline. This is what the IRS has to say about how divorce affects taxes.

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