Divorce Custody and Support
Perhaps
the most devastating issues my clients face, is the end of a marriage.
They come to my office with feelings of failure, anger and hopelessness.
The only thing that could possibly make divorce worse is unnecessary
venomous litigation. My role as a counselor is often separating real
issues from the emotional and destructive activities that may
unnecessarily befall divorce litigants.
CHILDREN
can be the innocent victims of parental squabbles. Even though divorce
may be necessary, it need not harm children. Parents are advised to adjust
their lives regarding parenting, and if they do, the children can have a
life full of quality time with both parents. Absent abuse or violence
it is usually advisable to develop a plan for both parents
to share in the parenting responsibilities and enjoyment of
companionship with their children.
Guardian Ad Litem.
Support
We all
know children need support. Basic support calculations are calculated
using a uniform method ORC 3113.21.5
When a
marriage has ended, either spouse may be entitled to support for a
period of years, to equalize the burden caused by the marital break up.
Support is calculated on a case by case basis, based upon fairness.
Shared Parenting - Visitation
Parenting should be a collaborative process. Obviously children fare
better when both parents take an active role in child rearing. Shared
Parenting is a process, favored by the courts, that includes both
parents in major decision making.
After divorce, parents adopt a role as Residential Parent (the one
children live with), or Non-Residential Parent (the one who has
visitation rights). Both parents can be considered the Residential
Parent, in some cases.
Ohio law protects the non-residential parent, allowing access to school
and medical records previously declined to the “non-custodial” parent.
Now every parent has rights, to access important records as well as
visitation with their children.
Every Domestic Relations Court has a standard visitation schedule. The
standard visitation schedule attempts to allow both parents to have
valuable companionship time with their children. Visitation time is good
for children and it should be encouraged. Unfortunately, we cannot force
a non-residential parent to spend time with children.
