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	<title>Divorce Archives - McCarthy Lebit - A Cleveland/Ohio Law Firm</title>
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	<title>Divorce Archives - McCarthy Lebit - A Cleveland/Ohio Law Firm</title>
	<link>https://mccarthylebit.com/tag/divorce/</link>
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		<title>How to Handle Parental Alienation During Divorce or Custody Disputes</title>
		<link>https://mccarthylebit.com/how-to-handle-parental-alienation-during-divorce-or-custody-disputes/</link>
		
		<dc:creator><![CDATA[Lauren K. Mayell]]></dc:creator>
		<pubDate>Thu, 11 Dec 2025 14:00:00 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Custody]]></category>
		<category><![CDATA[Divorce]]></category>
		<category><![CDATA[Parental Alienation]]></category>
		<guid isPermaLink="false">https://mccarthylebit.com/?p=26408</guid>

					<description><![CDATA[<p>Parental Alienation is a very difficult situation that can arise in divorce and custody disputes where one parent actively undermines or damages the other parent’s relationship with their child, often through manipulation or negativity. This can involve intentionally disparaging the other parent, restricting communication or visitation, or encouraging the child to dislike or fear (making [&#8230;]</p>
<p>The post <a href="https://mccarthylebit.com/how-to-handle-parental-alienation-during-divorce-or-custody-disputes/">How to Handle Parental Alienation During Divorce or Custody Disputes</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">Parental Alienation is a very difficult situation that can arise in divorce and custody disputes where one parent actively undermines or damages the other parent’s relationship with their child, often through manipulation or negativity. This can involve intentionally disparaging the other parent, restricting communication or visitation, or encouraging the child to dislike or fear (making false accusations) the other parent. The alienator’s goal is to destroy the child(ren)’s relationship with the other parent often by fostering resentment or fear. Parental alienation is seen as one of the most emotionally damaging things that a parent can do to the child. The other parent is extremely damaged by the alienation occurring, but the child is also severely emotionally harmed by the actions of the alienator. There are many levels and signs of parental alienation, each of which is important to be able to understand and locate in a divorce or custody proceeding. </p>



<h2 class="wp-block-heading" id="h-levels-of-parental-alienation">Levels of Parental Alienation</h2>



<p class="wp-block-paragraph">There are different levels to the severity of parental alienation. These levels bring forward different signs and actions in children.</p>



<ul class="wp-block-list">
<li>Mild: The child(ren) will express resistance to visiting, communicating with, or spending time with the alienated parent. However, once they are alone with the alienated parent this resistance will quickly dissipate and the relationship will return to a positive one.</li>



<li>Moderate: The child(ren) will express strong resistance to any contact or communication with the alienated parent. Once with the alienated parent that resistance will remain and the child(ren) will oppose being near them, spending time with them, and communicating with them.</li>



<li>Severe: The child(ren) will express strong resistance, similar to moderate levels of alienation. However, when pushed to have contact with the alienated parent, the child(ren) will run away, hide, or physically resist any attempt to have such contact. This level of alienation often results in the child not engaging in parenting time with the alienated parent or acting out when with the alienated parent to sabotage or truncate the visit.</li>
</ul>



<h2 class="wp-block-heading" id="h-signs-of-parental-alienation">Signs of Parental Alienation</h2>



<p class="wp-block-paragraph">Parental alienation shows itself in children in many ways that differ case by case. These signs can be subtle or aggressive. Often they will build up, causing them to be even more difficult to resolve over time.</p>



<h3 class="wp-block-heading" id="h-unwavering-support-of-the-alienating-parent">Unwavering Support of the Alienating Parent</h3>



<p class="wp-block-paragraph">Children being alienated will show unwavering support of the alienating parent. Everything the alienated parent does is “bad” and everything the alienating parent does is “good.” Additionally, when questioned on this support, an alienated child will deny any influence by the alienating parent and claim the feeling as all their own.</p>



<h3 class="wp-block-heading" id="h-adult-uncharacteristic-language">Adult/Uncharacteristic Language</h3>



<p class="wp-block-paragraph">Alienated children will often repeat the comments of the alienating parent. Because an alienated child does not fully understand why the alienated person is “bad” but just is told that they should feel that way, they will often grasp onto the words the alienating parent says and make them their own. If you notice the child(ren) saying words or phrases that are not usual for a young child or things that they should not know, this is a clear sign that the alienating parent is discussing these matters with them.</p>



<h3 class="wp-block-heading" id="h-fear-of-having-fun-with-you">Fear of Having Fun with You</h3>



<p class="wp-block-paragraph">Children experiencing parental alienation will often feel scared to have fun with the alienated parent. If they are having a good time, they may even ask the alienated parent to not tell the alienator that they had a good time together.</p>



<h3 class="wp-block-heading" id="h-no-guilt">No Guilt</h3>



<p class="wp-block-paragraph">Non-alienated children will feel bad when they say mean and hurtful things to their parents. However, an alienated child will feel justified in their harsh language towards their alienated parent.</p>



<h2 class="wp-block-heading" id="h-legal-remedies-available">Legal Remedies Available</h2>



<p class="wp-block-paragraph">The following section details some legal remedies that may be pursued.</p>



<h3 class="wp-block-heading" id="h-court-ordered-parenting-classes-and-therapy">Court Ordered Parenting Classes and Therapy</h3>



<p class="wp-block-paragraph">Many courts will assign parents to parenting classes that teach parents how to co-parent as well as techniques for healthy and productive parenting that encourages a positive relationship with the child(ren). In addition, if there are signs of parental alienation or trauma in the case, a court may order the parents and/or the child(ren) to attend reunification or family therapy to work on these issues.</p>



<h3 class="wp-block-heading" id="h-restraining-orders-anti-disparaging-orders">Restraining Orders/Anti-Disparaging Orders</h3>



<p class="wp-block-paragraph">Courts can make orders that restrain parents from speaking poorly about one another publicly and in front of/to the child(ren). This allows a party to have a court order that they may enforce with a contempt motion if the other parent if found to be alienating the child(ren).</p>



<h3 class="wp-block-heading" id="h-guardian-ad-litem-or-parenting-coordinator">Guardian ad Litem or Parenting Coordinator</h3>



<p class="wp-block-paragraph">During a case, a court may appoint a Guardian ad Litem (“GAL”) or a Parenting Coordinator (“PC”). These individuals are court appointed licensed professionals that are third-party advocates for the children.</p>



<p class="wp-block-paragraph">A GAL is appointed to review all aspects of the child(ren)’s lives including family, school, health, etc. They will interview every person relevant to the children and ultimately make a recommendation to the court as to what the parenting should look like on a case-by-case basis. As it pertains to parental alienation, a GAL is trained to notice the above-discussed signs and make findings of those in their recommendations.</p>



<p class="wp-block-paragraph">A PC is similar to a GAL but will work with the parents to resolve disputes and implement positive parenting practices. PC’s are also trained in identifying parental alienation signs and will work to eliminate any negative influence that is occurring on the children.</p>



<h3 class="wp-block-heading" id="h-termination-modification-of-custody">Termination/Modification of Custody</h3>



<p class="wp-block-paragraph">In severe cases of parental alienation, a court may reassess a designation/allocation of parental rights and responsibilities. If the alienating parent is designated custody or significant parenting time, a court may modify this designation to restrict their parenting time or even terminate their custodial rights.</p>



<h2 class="wp-block-heading" id="h-conclusion">Conclusion</h2>



<p class="wp-block-paragraph">As stated, it is extremely important to stay knowledgeable on parental alienation and its signs so that you may raise these issues with the court. Domestic Relations and Juvenile courts take cases of parental alienation seriously and will not hesitate to take action when a child(ren) are being manipulated and/or abused into unwarranted resistance to a parent. These issues are often subtle and hard to catch, but if you know the signs, you will be able to spot them and take the proper legal actions to ensure that each parent is receiving fair and equitable treatment as it pertains to their parental rights and responsibilities.</p>



<p class="wp-block-paragraph">For more information or to seek counsel from our <a href="https://mccarthylebit.com/practices/family-law/">Family Law</a><strong> </strong>group, please reach out to <a href="https://mccarthylebit.com/contact/">request a consultation</a> or call us at 216-696-1422.&nbsp;</p>



<p class="wp-block-paragraph">___<br><em>*This article was originally authored for publication in the Cleveland Metropolitan Bar Association’s Family Law Section of the Bar Journal. To view this article on the CMBA’s website, follow <a href="https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Flinkprotect.cudasvc.com%2Furl%3Fa%3Dhttps%253a%252f%252fwww.clemetrobar.org%252f%253fpg%253dCMBABlog%2526blAction%253dshowEntry%2526blogEntry%253d129800%26c%3DE%2C1%2COgS_7we7BctUbrAXIYIg0UjmXY6aHkwaFoKTcIcQIJU-qyV_tvLeHbKVNkg7sK_HPPy6BkQQ9sGzU4W4s2UD4YKftM_9muBSUADV4LM5fANtJg%2C%2C%26typo%3D1&amp;data=05%7C02%7Capp%40mccarthylebit.com%7Ce4ba3c04ff60426a75ae08dde19c11d7%7C71efa78554d641f1b8c4cd8af71338d9%7C0%7C0%7C638914782630937867%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&amp;sdata=9YJrt%2BN5LSfVvmlfLbzU5gWn1fFs6igKOok%2FNrd6JLs%3D&amp;reserved=0">this link</a>.</em></p>
<p>The post <a href="https://mccarthylebit.com/how-to-handle-parental-alienation-during-divorce-or-custody-disputes/">How to Handle Parental Alienation During Divorce or Custody Disputes</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
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		<item>
		<title>Protecting Your Digital Investments &#038; Cryptocurrency In Divorce</title>
		<link>https://mccarthylebit.com/protecting-your-digital-investments-cryptocurrency-in-divorce/</link>
		
		<dc:creator><![CDATA[Lauren K. Mayell]]></dc:creator>
		<pubDate>Thu, 30 Oct 2025 13:00:00 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Cryptocurrency]]></category>
		<category><![CDATA[Digital Assets]]></category>
		<category><![CDATA[Divorce]]></category>
		<guid isPermaLink="false">https://mccarthylebit.com/?p=26490</guid>

					<description><![CDATA[<p>In today’s digital age of Bitcoin and Non-Fungible Tokens (NFT), where money is no longer in your hands, but rather on a screen, it is easy for trades and money movement to occur in the blink of an eye. For many, this technology creates a platform to share art, build wealth, and facilitate business with [&#8230;]</p>
<p>The post <a href="https://mccarthylebit.com/protecting-your-digital-investments-cryptocurrency-in-divorce/">Protecting Your Digital Investments &amp; Cryptocurrency In Divorce</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">In today’s digital age of Bitcoin and Non-Fungible Tokens (NFT), where money is no longer in your hands, but rather on a screen, it is easy for trades and money movement to occur in the blink of an eye. For many, this technology creates a platform to share art, build wealth, and facilitate business with ease. However, when it comes to divorce, these same digital assets can introduce unique challenges, particularly in identifying, valuing, and dividing them. </p>



<h2 class="wp-block-heading" id="h-what-are-digital-assets">What are Digital Assets?</h2>



<p class="wp-block-paragraph">Digital assets are broadly defined as anything of value that exists in digital form and can be stored or accessed electronically. Some common examples of digital assets include:</p>



<ul class="wp-block-list">
<li>Cryptocurrency</li>



<li>NFTs and Digital Artwork</li>



<li>Internet Businesses</li>



<li>Video Games</li>



<li>Websites and Domain Names</li>



<li>Airline Miles</li>



<li>Music Collections and Music Accounts</li>



<li>Shared Social Media Accounts</li>



<li>Shared Streaming Accounts – Netflix, Hulu, Spotify, etc.</li>
</ul>



<p class="wp-block-paragraph">Cryptocurrency is one of the most common and complex digital assets to address in the legal field. Unlike traditional currency, cryptocurrency is a decentralized form of digital currency that operates independently of governments or third-party banking systems. Because it is not regulated by outside entities, it often lacks oversight and consistency in valuation.</p>



<p class="wp-block-paragraph">Well-known examples of cryptocurrency include:</p>



<ul class="wp-block-list">
<li>Bitcoin</li>



<li>Ethereum</li>



<li>Tether</li>



<li>Binance Coin</li>



<li>Dogecoin</li>



<li>Chainlink</li>
</ul>



<h2 class="wp-block-heading" id="h-common-complications-of-cryptocurrency-in-divorce">Common Complications of Cryptocurrency in Divorce</h2>



<p class="wp-block-paragraph">Although in the eyes of the court, cryptocurrency is viewed the same as physical property, cryptocurrency can create unique challenges during a divorce, particularly when it comes to discovery, access, and valuation.</p>



<h3 class="wp-block-heading" id="h-discovery-amp-access">Discovery &amp; Access</h3>



<p class="wp-block-paragraph">With no connection to the physical world and little to no digital trail due to a lack of regulation, cryptocurrency is often hidden and intentionally kept from the eye of the opposing spouse. Further, since many cryptocurrencies operate within a peer-to-peer network, it can be difficult to decipher who to subpoena for records.</p>



<p class="wp-block-paragraph">An experienced attorney understands that cryptocurrency transactions almost always leave a digital trail. If you know or suspect where funds were transferred to purchase cryptocurrency, it is important to share this information with your attorney.</p>



<p class="wp-block-paragraph">One area of concern involves cold wallets, physical devices, such as USB or flash drives, that store private cryptocurrency keys offline. Cold wallets can complicate divorce proceedings if one party is unaware that the assets exist. However, when both parties are aware of a cold wallet, steps should be taken to confirm that it is properly accounted for and that it is being held in a secure location.</p>



<h3 class="wp-block-heading" id="h-valuation">Valuation</h3>



<p class="wp-block-paragraph">If the party can find the digital asset and gain access to its information, the asset will require valuation for the purpose of division in divorce. Yet, cryptocurrency values change so often that it can be hard to determine at which point the value shows an accurate representation of the asset’s value. Courts will generally value the digital asset based on the day that a party filed for divorce.</p>



<h2 class="wp-block-heading" id="h-preparing-for-divorce-when-digital-assets-are-involved">Preparing for Divorce When Digital Assets Are Involved</h2>



<p class="wp-block-paragraph">Working closely with an experienced attorney, you can take the following steps to ensure that your digital assets are properly secured, documented, and accounted for during the divorce process.</p>



<h3 class="wp-block-heading" id="h-keep-an-inventory">Keep an Inventory</h3>



<p class="wp-block-paragraph">When managing digital assets during a divorce, it’s important to maintain a clear and comprehensive inventory of all assets. Make a list of all digital assets held during the marriage, including those you may not have direct access to. Even if certain accounts or investments are primarily managed by your spouse, documenting what you know or suspect exists can help ensure nothing is overlooked. Having open communication about shared digital assets can make this process more complete and accurate.</p>



<h3 class="wp-block-heading" id="h-obtain-usernames-passwords-for-accounts">Obtain Usernames/Passwords for Accounts</h3>



<p class="wp-block-paragraph">Access is key. Make sure you have usernames, passwords, and private keys for any cryptocurrency or digital accounts you own. Being able to access your accounts allows you to accurately document balances, transactions, and holdings.</p>



<h3 class="wp-block-heading" id="h-document-your-assets">Document Your Assets</h3>



<p class="wp-block-paragraph">Keeping detailed records of your digital assets is equally important. Updated account values and balances from all cryptocurrency accounts, along with information from tax returns such as capital gains, losses, or income, can provide an essential record of digital activity and ownership.</p>



<h3 class="wp-block-heading" id="h-don-t-hide-your-assets">Don’t Hide Your Assets</h3>



<p class="wp-block-paragraph">It’s also critical to be transparent about your assets. Attempting to hide digital holdings can result in serious legal consequences, including penalties, treble damages, and attorney fees.</p>



<h3 class="wp-block-heading" id="h-inform-your-attorney">Inform Your Attorney</h3>



<p class="wp-block-paragraph">Finally, when discussing your assets with your attorney, be sure to keep them informed about all of your digital assets, as well as any concerns you may have regarding them. Collaborating closely with a knowledgeable attorney ensures your digital assets are properly identified, secured, and accounted for throughout the divorce process.</p>



<p class="wp-block-paragraph">For more information or to seek counsel from our&nbsp;<a href="https://mccarthylebit.com/practices/family-law/">Family Law</a>&nbsp;group, please reach out to&nbsp;<a href="https://mccarthylebit.com/contact/">request a consultation</a>&nbsp;or call us at 216-696-1422.</p>
<p>The post <a href="https://mccarthylebit.com/protecting-your-digital-investments-cryptocurrency-in-divorce/">Protecting Your Digital Investments &amp; Cryptocurrency In Divorce</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
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		<title>Financial Misconduct: Ensuring Property Division is Equitable in Divorce</title>
		<link>https://mccarthylebit.com/financial-misconduct-ensuring-property-division-is-equitable-in-divorce/</link>
		
		<dc:creator><![CDATA[Lauren K. Mayell]]></dc:creator>
		<pubDate>Thu, 07 Nov 2024 14:05:00 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Divorce]]></category>
		<category><![CDATA[Financial Fraud]]></category>
		<category><![CDATA[Financial Misconduct]]></category>
		<category><![CDATA[Property Division]]></category>
		<guid isPermaLink="false">https://mccarthylebit.com/?p=25775</guid>

					<description><![CDATA[<p>Division of property (including financial and/or real property assets) within a divorce is a complex issue. This issue becomes ever more trying when a spouse, before the completion of the divorce, takes action to disrupt the financial and property assets that you have worked to acquire throughout the marriage. In Ohio, there is a solution [&#8230;]</p>
<p>The post <a href="https://mccarthylebit.com/financial-misconduct-ensuring-property-division-is-equitable-in-divorce/">Financial Misconduct: Ensuring Property Division is Equitable in Divorce</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
]]></description>
										<content:encoded><![CDATA[
<p class="wp-block-paragraph">Division of property (including financial and/or real property assets) within a divorce is a complex issue. This issue becomes ever more trying when a spouse, before the completion of the divorce, takes action to disrupt the financial and property assets that you have worked to acquire throughout the marriage. In Ohio, there is a solution to this problem – a finding of financial misconduct.</p>



<h2 class="wp-block-heading" id="h-what-is-financial-misconduct">What is Financial Misconduct?</h2>



<p class="wp-block-paragraph">Financial Misconduct is defined as a spouse engaging in actions, including, but not limited to, the dissipation, destruction, concealment, nondisclosure, or fraudulent disposition of assets. Some common examples include:</p>



<ul class="wp-block-list">
<li>Acquiring significant debt that is unusual for the marriage</li>



<li>Hiding financial assets</li>



<li>Underreporting income</li>



<li>Overpaying taxes</li>



<li>Selling assets</li>



<li>Extreme gambling</li>



<li>Spending large sums on a paramour</li>



<li>Transferring title to property to third parties</li>



<li>Withdrawal of retirement funds</li>



<li>Large gifts to third parties</li>
</ul>



<p class="wp-block-paragraph">Hiding financial assets by transferring money between financial institutions, and large withdrawals are two of the most common forms of financial misconduct in a divorce. This commonly occurs when one party is attempting to hide the parties’ marital money in separate accounts or worse yet, in their “dresser drawer,” so the other spouse is not able to receive their half interest.</p>



<p class="wp-block-paragraph">However, another form of financial misconduct is acquiring significant debt that was not typical for the marriage. This occurs when, instead of hiding the marital money, a spouse will spend the marital assets in extreme ways, in order to ensure that the other spouse is not able to receive their one-half interest. The most common examples of this are pre-payment of taxes and utilities, extreme gambling, and overuse of joint credit cards.</p>



<h2 class="wp-block-heading" id="h-how-do-i-know-and-show-this-is-happening">How Do I Know and Show This is Happening?</h2>



<p class="wp-block-paragraph">To know that financial misconduct is happening or has occurred, one must be aware of what assets they have. To ensure that you know of all assets of the marriage, you can do the following:&nbsp;&nbsp;&nbsp;</p>



<ul class="wp-block-list">
<li><em>Keep an Inventory</em> &#8211; Keep a list of all the assets of your marriage.</li>



<li><em>Get a Credit Report</em> – If you are unsure of the extent of your assets, a simple credit report can identify the different financial accounts that are in your or your spouse’s name.</li>



<li><em>Obtain Usernames/Passwords for Accounts</em> &#8211; If you are aware of financial assets, such as bank and retirement accounts, try to obtain/retain usernames and passwords to all accounts.</li>



<li><em>Keep Track of Your Assets’ Values</em> – In addition to keeping a list of all financial accounts and property assets you own in the marriage, also make sure you know their current values.</li>
</ul>



<p class="wp-block-paragraph">The burden of proof to show this misconduct is on the complaining party. There is no requirement that you must show your spouse had malicious intent or bad faith in their actions. A complaining party must only show that the spouse is knowingly engaged in the wrongdoing that causes the dissipation, destruction, concealment, nondisclosure, or fraudulent disposition of assets.</p>



<p class="wp-block-paragraph"><span style="text-decoration: underline;">Discovery</span>: To prove the misconduct, a party will first obtain the necessary documents for all accounts, property, and any other asset. This can be done through the following methods: If you notice that your spouse is taking actions, such as those listed above, to dissipate, destroy, conceal, avoid disclosure of, or fraudulently dispose of your marital assets, there are ways you and your attorney can go about proving such, including:</p>



<ul class="wp-block-list">
<li>Subpoenas</li>



<li>Credit Reports</li>



<li>Requests for Production of Documents</li>



<li>Requests for Interrogatories</li>



<li>Requests for Admissions</li>
</ul>



<p class="wp-block-paragraph"><span style="text-decoration: underline;">Forensic Accounting</span>: A spouse may hire a forensic accountant to track and trace the movement of assets. These forensic accounts will be able to create a report of the offending spouse’s actions.</p>



<h2 class="wp-block-heading" id="h-how-will-this-effect-my-divorce">How Will This Effect My Divorce?</h2>



<p class="wp-block-paragraph">If a court finds that financial misconduct was committed, they may compensate the offended spouse with a distributive award or with a greater award of the marital property. The court can decide to:</p>



<ol class="wp-block-list">
<li>Make the offending spouse pay the offended spouse money damages to make up for their misconduct and the assets that were dissipated, destroyed, concealed, not disclosed, or fraudulently disposed of; or</li>



<li>Award the offended spouse a larger portion of the marital property to make up for the assets that the offending spouse dissipated, destroyed, concealed, not disclosed, or fraudulently disposed of.</li>
</ol>



<p class="wp-block-paragraph">To seek counsel from our <a href="https://mccarthylebit.com/practices/family-law/">Family Law</a> group, please reach out to<a> </a><a href="https://mccarthylebit.com/contact/">request a consultation</a> or call us at 216-696-1422.</p>
<p>The post <a href="https://mccarthylebit.com/financial-misconduct-ensuring-property-division-is-equitable-in-divorce/">Financial Misconduct: Ensuring Property Division is Equitable in Divorce</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
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		<title>Postnuptial Agreements Permitted by Ohio Law Effective March 23</title>
		<link>https://mccarthylebit.com/postnuptial-agreements-permitted-by-ohio-law-effective-march-23/</link>
		
		<dc:creator><![CDATA[McCarthy Lebit]]></dc:creator>
		<pubDate>Thu, 09 Mar 2023 14:30:00 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Divorce]]></category>
		<category><![CDATA[Ohio]]></category>
		<category><![CDATA[Postnuptial Agreements]]></category>
		<guid isPermaLink="false">https://mccarthylebit.com/?p=24065</guid>

					<description><![CDATA[<p>Postnuptial Agreements, entered into by married couples, define and arrange rights and obligations in the event of death and divorce. Until December of 2022, Ohio was one of a few states that didn&#8217;t allow spouses to enter into Postnuptial Agreements. Ohio law only allowed spouses to alter their contractual rights and obligations through the divorce [&#8230;]</p>
<p>The post <a href="https://mccarthylebit.com/postnuptial-agreements-permitted-by-ohio-law-effective-march-23/">Postnuptial Agreements Permitted by Ohio Law Effective March 23</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
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<p class="wp-block-paragraph">Postnuptial Agreements, entered into by <span style="text-decoration: underline;">married couples</span>, define and arrange rights and obligations in the event of death and divorce. Until December of 2022, Ohio was one of a few states that didn&#8217;t allow spouses to enter into Postnuptial Agreements. Ohio law only allowed spouses to alter their contractual rights and obligations through the divorce process. On December 22, 2022, Ohio passed <a href="https://www.legislature.ohio.gov/legislation/134/sb210" target="_blank" rel="noreferrer noopener">Senate Bill 210</a>, Sections <a href="https://codes.ohio.gov/ohio-revised-code/section-3103.05/3-23-2023" target="_blank" rel="noreferrer noopener">3103.05</a> – <a href="https://codes.ohio.gov/ohio-revised-code/section-3103.061" target="_blank" rel="noreferrer noopener">3103.061</a>, which:</p>



<ol class="wp-block-list">
<li>Allows spouses to enter into postnuptial contracts; </li>



<li>Allows spouses to amend prior Prenuptial Agreements</li>
</ol>



<p class="wp-block-paragraph">Senate Bill 210 becomes effective on March 23, 2023. It will allow individuals to protect their financial circumstances that may have changed since the date of marriage. For example, Postnuptial Agreements can be beneficial if one spouse unexpectedly comes into an inheritance or acquires a thriving business.</p>



<p class="wp-block-paragraph">Alternatively, if a marriage is rocky and one spouse has a flourishing career, he/she might feel that it&#8217;s financially advantageous to divorce immediately. A Postnuptial Agreement can remove pressure, provide a safety net, and allow parties to work on their marriage without worrying about the financial repercussions of staying together.</p>



<p class="wp-block-paragraph">Furthermore, Postnuptial Agreements can benefit individuals who previously entered into a Prenuptial Agreement, and now wish to adjust the terms to be more in-line with their current circumstances.</p>



<p class="wp-block-paragraph">The requirements for a valid Postnuptial Agreement are the same as those of a Prenuptial Agreement.</p>



<h3 class="wp-block-heading" id="h-a-postnuptial-agreement-will-be-valid-if">A Postnuptial Agreement will be valid if:</h3>



<ul class="wp-block-list">
<li>It is in writing and signed by both spouses;</li>



<li>It is entered into voluntarily, without duress, fraud or coercion;</li>



<li>Both parties fully disclose their financial circumstances, including all their assets and liabilities;</li>



<li>The terms do not encourage divorce.</li>
</ul>



<p class="wp-block-paragraph">Senate Bill 210 will empower married Ohioans to manage their financial circumstances in the event of death and divorce. Additionally, it will allow married individuals to formulate a customized division of their estate, rather than being subject to state law.</p>



<p class="wp-block-paragraph">For more information or to seek counsel from our <a href="https://mccarthylebit.com/practices/family-law/" target="_blank" rel="noreferrer noopener">family law</a> group, reach out to <a href="https://mccarthylebit.com/contact/" target="_blank" rel="noreferrer noopener">request a consultation</a> or call us at 216-696-1422.</p>
<p>The post <a href="https://mccarthylebit.com/postnuptial-agreements-permitted-by-ohio-law-effective-march-23/">Postnuptial Agreements Permitted by Ohio Law Effective March 23</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
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		<title>Common Mistakes Before, During, and After Your Divorce</title>
		<link>https://mccarthylebit.com/common-mistakes-before-during-and-after-your-divorce/</link>
		
		<dc:creator><![CDATA[McCarthy Lebit]]></dc:creator>
		<pubDate>Thu, 29 Sep 2022 13:00:00 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Divorce]]></category>
		<guid isPermaLink="false">http://9041b3eca6.nxcli.io/?p=23625</guid>

					<description><![CDATA[<p>Divorce is a difficult process to endure. Taking the necessary steps to ensure you are making the most informed decisions before, during, and after the divorce process is pertinent in protecting yourself and your assets. The following are common mistakes made by individuals going through a divorce, as well as insight on how to avoid [&#8230;]</p>
<p>The post <a href="https://mccarthylebit.com/common-mistakes-before-during-and-after-your-divorce/">Common Mistakes Before, During, and After Your Divorce</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Divorce is a difficult process to endure. Taking the necessary steps to ensure you are making the most informed decisions before, during, and after the divorce process is pertinent in protecting yourself and your assets. The following are common mistakes made by individuals going through a divorce, as well as insight on how to avoid making these mistakes yourself.</p>
<h3>(1) Not understanding your assets and liabilities.</h3>
<p>One of the first steps in divorce or dissolution is to get a grasp on the marital assets and liabilities. It is pertinent that you have an appreciation your assets and liabilities. You can start by collecting tax returns or request them from your accountant. Financial statements, financial applications and account statements from all retirement accounts, bank accounts, investment accounts, and creditors are vital to understanding your financial picture. When one party has no grasp on their assets, it requires more time and money spent uncovering them.</p>
<p>In this regard, it is also important to inventory your personal belongings, including family photos and heirlooms and items that are personal to you.</p>
<h3>(2) Acting out of emotion.</h3>
<p>It is no doubt that divorce can be one of the most emotionally taxing processes a person can endure during their lifetime. This extreme emotion can cloud your judgment and cause you to make decisions that are not in your best interest in the long run, including entering into a settlement agreement that may not be favorable. Obtaining legal counsel to protect your rights and help you understand the repercussions of your actions in a non-emotional manner will allow you to avoid these less-than-favorable emotionally driven decisions. Many individuals also benefit emotionally by seeking the aid of a mental health professional.</p>
<h3>(3) Not amending your estate plan.</h3>
<p>One area that is often overlooked during and after your divorce is how your marital status will affect your estate plan, including your will, trust, insurance and power of attorney. If an estate plan is not amended after divorce, there is a possibility that some of your assets could end up in the hands of your ex-spouse. Another consideration is that a divorce inevitably changes your financial circumstances, and your estate plan may need to change too to coincide with your new financial reality.</p>
<p>In some instances, it may be beneficial to amend your estate plan prior to filing for divorce, as mutual restraining orders may prevent you from during so during the pendency of the case, which in some cases can be upwards of a year.</p>
<h3>(4) Not hiring a financial advisor.</h3>
<p>The need for a financial advisor is heightened when faced with a divorce or having recently been divorced. A good financial advisor can assist you in organizing financial documents, understanding the tax implications of dividing assets, establishing both short and long-term financial goals, establish a post-divorce budget based on your child support and spousal support orders, and prepare a long-term wealth plan.</p>
<p>If you are considering filing for divorce or need assistance navigating the process, please reach out to <a href="https://mccarthylebit.com/contact/">request a consultation</a>, call us at 216-696-1422.</p>
<p>The post <a href="https://mccarthylebit.com/common-mistakes-before-during-and-after-your-divorce/">Common Mistakes Before, During, and After Your Divorce</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
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		<title>Medical Decisions for Children of Divorce</title>
		<link>https://mccarthylebit.com/medical-decisions-for-children-of-divorce/</link>
		
		<dc:creator><![CDATA[McCarthy Lebit]]></dc:creator>
		<pubDate>Thu, 28 Apr 2022 08:00:00 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Custody]]></category>
		<category><![CDATA[Divorce]]></category>
		<guid isPermaLink="false">https://mccarthylebitsandbox.live-website.com/?p=22736</guid>

					<description><![CDATA[<p>Naturally, some parents may have differences of opinion regarding medical decisions involving their minor child. Following a divorce, parents might find it even more difficult to collaborate and navigate these differences of opinions. As we managed our way through a global pandemic, new legal issues emerged for divorced parents to consider, including what to do [&#8230;]</p>
<p>The post <a href="https://mccarthylebit.com/medical-decisions-for-children-of-divorce/">Medical Decisions for Children of Divorce</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Naturally, some parents may have differences of opinion regarding medical decisions involving their minor child. Following a divorce, parents might find it even more difficult to collaborate and navigate these differences of opinions. As we managed our way through a global pandemic, new legal issues emerged for divorced parents to consider, including what to do if the parents do not agree on medical decisions &#8211; for example, whether their child should receive a COVID-19 vaccination and booster.</p>
<p>In general, parents have a constitutional right to make decisions regarding the care of their children. This right is derived from the Due Process Clause of the Fourteenth Amendment. This constitutional right, though not absolute, includes the right of parents to make medical decisions for their children. Currently in Ohio, there is no case law on the issue of vaccination orders, though it is likely not far off, as other states have already addressed the issue.</p>
<p>If legal custody (not to be confused with physical custody) is assigned to only one parent, that parent will have the power to make important decisions about their child’s life, including medical decisions, without having to consult with the non-custodial parent. If parents have joint legal custody of their child, there must be mutual agreement between the parties prior to making major medical decisions.</p>
<p>A parent can look at a prior court order &#8211; i.e., judgment entry of divorce/dissolution or parenting plan &#8211; to determine the type of custody he/she has and which parent is the primary decision maker for medical care. In some instances where the parents have joint legal custody, and they are unable to mutually agree on the decision, they are to defer to the recommendations of their child’s treating physician.</p>
<p>If parents are unable to resolve decisions regarding the medical care of their child, even with the assistance of a child’s treating physician, the parents can file a motion with the court to modify their parental rights and responsibilities, specifically, which parent is assigned with making medical decisions for the child. Orders affecting children are always subject to change in the future. Each issue has a different standard of review for determining whether a change is appropriate. In modifying which parent will make medical decisions for a child, the court will do a “best interests of the child” analysis.</p>
<p>Obviously, modification of parental rights through the court will take more time that an amicable decision. It will also cost the parent filing the motion in court costs and legal fees. Though it may not be easy, often the best option for parents with joint custody is to come to a mutually agreeable decision on the medical care of their children together.</p>
<p>If you are considering filing for divorce or need assistance navigating the process, please reach out to <a href="https://mccarthylebit.com/contact/">request a consultation</a> or give us a call at 216-696-1422.</p>
<p>The post <a href="https://mccarthylebit.com/medical-decisions-for-children-of-divorce/">Medical Decisions for Children of Divorce</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
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		<title>To-Dos and Considerations When Contemplating Divorce</title>
		<link>https://mccarthylebit.com/to-do-before-divorce/</link>
		
		<dc:creator><![CDATA[Richard A. Rabb]]></dc:creator>
		<pubDate>Thu, 06 Jan 2022 13:00:12 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Divorce]]></category>
		<guid isPermaLink="false">http://9041b3eca6.nxcli.io/?p=12453</guid>

					<description><![CDATA[<p>Although divorce isn’t a prediction one makes upon entering a marriage, it isn’t a farfetched assumption. In 2012, PolitiFact.com estimated that the lifelong probability of a marriage ending in divorce is 40%–50%. If divorce is likely to occur in 50% of marriages, it’s helpful to be prepared in the event you are put in the [&#8230;]</p>
<p>The post <a href="https://mccarthylebit.com/to-do-before-divorce/">To-Dos and Considerations When Contemplating Divorce</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>Although divorce isn’t a prediction one makes upon entering a marriage, it isn’t a farfetched assumption. In 2012, PolitiFact.com estimated that the lifelong probability of a marriage ending in divorce is 40%–50%. If divorce is likely to occur in 50% of marriages, it’s helpful to be prepared in the event you are put in the situation to make this decision. Before proceeding with filing for divorce, it is important to understand that it can be a lengthy process. <a href="https://mccarthylebit.com/people/richard-rabb/">Richard Rabb</a>, Principal and head of our <a href="https://mccarthylebit.com/practice-areas/family/">Family Law practice</a>, lays out his general overview and checklist of to-dos and considerations to make before jumping into a divorce.</p>
<h3>Do Some Homework</h3>
<p>Before meeting with your legal counsel, try to understand your options to the extent that you are able. Be prepared to ask questions. It’s best to have at least some nominal appreciation of your circumstances as well as available avenues and processes.</p>
<h3>Visit a Psychologist</h3>
<p>Divorce is an emotional event. Seeking help from a professional is not only beneficial for your mental health but taking the initiative to seek help when you aren’t in the proper state of mind allows the court, if your case ever makes it that far, to view your efforts as a point of strength.</p>
<h3>Establish Financial Peace of Mind</h3>
<ul>
<li>Get a copy of your credit report. This will aid in answering questions your legal team may have, as well as questions you may have, regarding your assets, liabilities, and expenses.</li>
<li>Go to a bank, where you don’t bank currently, and open your own bank account because when the divorce is over, or sooner, you’re going to need a bank account so you can access your money, pay your bills, and do what you need to do to function without delay.</li>
<li>Get a credit card if you don’t have one in your name. In the event your spouse shuts down a shared credit card, having one of your own will allow you to further solidify your financial peace of mind.</li>
</ul>
<h3>Understand Your Assets &amp; Liabilities</h3>
<p>Do your research to fully understand your assets and liabilities. Lines of credit are secured on your home, just like a mortgage is secured on your home. This information may be available online so, be aware of these details. Depending on the county you live in, you can visit the county recorder’s office website and enter your address to populate lien information, how the house was titled, if it’s titled jointly or if it’s titled to you, as well as mortgage information and if there is a line of credit associated. If there is a line of credit, there are two things you can do:</p>
<ol>
<li>If you need money, you can extend on your line of credit and then put that money in your newly established bank account.</li>
<li>If you don’t need money and want to minimize your exposure, as well as ensure your spouse isn’t going to touch your line of credit, write a letter to the bank informing them that you will no longer be obligated for any further charges or extensions on the line of credit. The same goes for minimizing the credit line on shared credit cards.</li>
</ol>
<h3>Appreciate &amp; Secure Your Assets</h3>
<p>If you don&#8217;t have a grasp on your assets, collect as much relevant material as you can. For example, tax returns will potentially allow for account discovery, provide a concept about the party’s income, and detail other assets that may have generated a loss or gain. Collecting documents that are unique to your divorce case is also important. In securing your assets, be sure to note any accounts that require two signatures as you want to minimize how those accounts can be accessed.</p>
<h3>Secure Your Personal Property</h3>
<p>Minimize the potential heartache related to items that are personal to you. Know where your priceless personal belongings (i.e., photos, family heirlooms) are located because often, they tend to disappear, and they have no monetary value and generally cannot be recovered.</p>
<p>Get referrals and start interviewing for a financial planner to assist you with budgeting and asset management.</p>
<p>When interviewing for a lawyer, make sure you are comfortable with who you decide to hire. Ensure that they are accessible and know how to best communicate. Most importantly, make certain they answer all the questions you have. Accomplishing all of Richard’s recommended to-do items will best prepare you to take on the divorce process.</p>
<p>If you are considering filing for divorce and would like more information on the process, please reach out to <a href="https://mccarthylebit.com/contact/">request a consultation</a>, give us a call at 216-696-1422, or visit <a href="https://mccarthylebit.com/people/richard-rabb/">Richard’s bio</a> for his contact information to reach out to him directly.</p>
<p>The post <a href="https://mccarthylebit.com/to-do-before-divorce/">To-Dos and Considerations When Contemplating Divorce</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
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		<title>Protecting Your Closely-Held Business in Divorce Proceedings</title>
		<link>https://mccarthylebit.com/protecting-your-closely-held-business-in-divorce-proceedings/</link>
		
		<dc:creator><![CDATA[McCarthy Lebit]]></dc:creator>
		<pubDate>Thu, 18 Nov 2021 12:58:48 +0000</pubDate>
				<category><![CDATA[Business & Corporate]]></category>
		<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Business Valuation]]></category>
		<category><![CDATA[Close-Held Business]]></category>
		<category><![CDATA[Divorce]]></category>
		<category><![CDATA[Double-Dip]]></category>
		<guid isPermaLink="false">http://9041b3eca6.nxcli.io/?p=12371</guid>

					<description><![CDATA[<p>While people don’t enter a marriage anticipating a divorce, it is recommended that closely-held business owners take steps before marriage, such as entering a prenuptial agreement, to protect their business from such an unexpected event, especially because the value of one’s business is typically the largest asset of a marital estate. Closely Held Business Owner [&#8230;]</p>
<p>The post <a href="https://mccarthylebit.com/protecting-your-closely-held-business-in-divorce-proceedings/">Protecting Your Closely-Held Business in Divorce Proceedings</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>While people don’t enter a marriage anticipating a divorce, it is recommended that closely-held business owners take steps before marriage, such as entering a prenuptial agreement, to protect their business from such an unexpected event, especially because the value of one’s business is typically the largest asset of a marital estate.</p>
<h3>Closely Held Business Owner is Not Yet Married, But Plans To Be</h3>
<p>If a business owner is not yet married but is engaged or has plans to soon become married, their business assets can be protected from a divorce by entering into a prenuptial agreement – a contract entered by prospective spouses in contemplation of marriage, which defines the value of your sole and separate property prior to marriage. When drafted properly, a prenup has the ability protect a future spouse’s business interest, and any appreciation in value that may accrue during the marriage due to that spouse’s active role in the business.</p>
<h3>Closely Held Business Owner is Married Without a Prenuptial Agreement</h3>
<p>If a married business-owner did not enter into a prenuptial agreement, and is now involved in or contemplating a divorce, it is important that they seek counsel with a complete understanding of the intricacies of valuing and dividing a business, as well as an understanding of the law regarding the calculation of the business owner’s income for support purposes.</p>
<p>Business owners should also appreciate that there is a divide between Ohio Courts as to whether they are precluded from counting a business’ future stream of income as a marital asset to be divided as well as counting that same stream of income as the business owner’s income for support purposes. This potential double-counting is referred to as a “double-dip”.</p>
<p>Convincing the Court that a “double-dip” is not equitable, or at least mitigating the potential detriment to the business owner spouse, requires close work with business valuators, CPAs, and even forensic accountants to determine the proper value of a company.</p>
<p>There are three different approaches to valuing a business in a divorce, along with several adjustments that can be made, each of which will affect the final valuation. Utilizing the proper approach and adjustments, with the help of a lawyer that knows the ins and outs of a business valuation, as well as how to work with experts, can assist in reducing the risk of the business owner’s income stream being accounted for twice.</p>
<p>If you are a closely-held business owner seeking more information or assistance from our <a href="https://mccarthylebit.com/practices/family-law/">family law</a> group regarding a prenuptial agreement, please reach out to <a href="https://mccarthylebit.com/contact/">request a consultation</a> or give us a call at 216-969-1422.</p>
<p>The post <a href="https://mccarthylebit.com/protecting-your-closely-held-business-in-divorce-proceedings/">Protecting Your Closely-Held Business in Divorce Proceedings</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
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		<title>Summer Parenting Time During and After a Divorce</title>
		<link>https://mccarthylebit.com/summer-parenting-time-during-and-after-a-divorce/</link>
		
		<dc:creator><![CDATA[McCarthy Lebit]]></dc:creator>
		<pubDate>Thu, 10 Jun 2021 15:57:57 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Divorce]]></category>
		<guid isPermaLink="false">http://9041b3eca6.nxcli.io/?p=11603</guid>

					<description><![CDATA[<p>With the recent lifting of travel restrictions and school letting out for the summer, parents might be planning last minute family vacations. For parents with minor children who are separated, going through a divorce, or already divorced, they do not only need to plan their trip around their own schedule, but also the schedule of [&#8230;]</p>
<p>The post <a href="https://mccarthylebit.com/summer-parenting-time-during-and-after-a-divorce/">Summer Parenting Time During and After a Divorce</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
]]></description>
										<content:encoded><![CDATA[<p>With the recent lifting of travel restrictions and school letting out for the summer, parents might be planning last minute family vacations. For parents with minor children who are separated, going through a divorce, or already divorced, they do not only need to plan their trip around their own schedule, but also the schedule of their spouse/ex-spouse and children.</p>
<p>The switch in the usual parenting time that occurs when school lets out generates unique issues for parents and children who have become accustomed to the school year routine. Sorting out these issues prior to departing on your vacation can help avoid unnecessary arguments between parents.</p>
<p>In general, the allocation of parenting time in the summer can either be agreed upon by the parents in a Shared Parenting Plan or determined by the court. Most courts have a “standard parenting schedule” that they follow, unless circumstances provide for deviation:</p>
<p><strong>Cuyahoga County</strong> – Each parent shall have parenting time with the child for four weeks each summer. Unless the parents agree otherwise, the four weeks may not be schooled for more than two consecutive weeks at a time if the children are under six years old.</p>
<p><strong>Lorain County</strong> – Each parent shall have parenting time with the children for four weeks each summer. If that time is exercised for three or more consecutive weeks at a time, and the parent is staying in the local area with the children, the non-exercising parent may have alternating weekend parenting time with the children.</p>
<p><strong>Lake County</strong> – The children’s summer vacation shall be divided equally between the parents. It is to be exercised on a week-on/week-off basis from Sunday to Sunday. Each parent shall also have two weeks of uninterrupted parenting time each summer.</p>
<p><strong>Geauga County</strong> – For children over 2 years old, each parent shall have parenting time with the children for three weeks in the summer, commencing on Sundays, for no more than two consecutive weeks at one time.</p>
<p>If parents agree on a summer parenting schedule instead of having the court determine the schedule, their parenting plan can specify the location, duration, and exact dates of the vacation. It can incorporate any variation of the above standard parenting schedules of the courts and adapt to the unique realities of their family. In general, parents have far more flexibility when creating their own parenting schedule.</p>
<p>One important point to remember when planning your summer vacation is that generally, the holiday parenting schedule takes precedence over the summer parenting schedule. Parents who have already established a parenting plan will need to keep this in mind when selecting the dates and booking their vacation so that it does not interfere with the other parent’s Father’s Day, 4<sup>th</sup> of July, or Labor Day visitation. Additionally, it is important to keep in mind when planning for a summer vacation that your existing parenting plan may provide that vacation should not conflict with the children’s extracurricular activities or summer camp.</p>
<p>Issues regarding parenting time with children, and specifically as it relates to summer parenting time, arise more frequently when a parenting plan is not sufficiently detailed and leaves gaps for the other parent to arbitrarily interpret the meaning of certain provisions. The more detailed the parenting plan, the more seamless co-parenting will be, especially during the busy summer months.</p>
<p>For more information or to seek counsel from our <a href="https://mccarthylebit.com/practices/family-law/" target="_blank" rel="noreferrer noopener">family law</a> group, reach out to <a href="https://mccarthylebit.com/contact/" target="_blank" rel="noreferrer noopener">request a consultation</a> or call us at 216-696-1422.</p>
<p>The post <a href="https://mccarthylebit.com/summer-parenting-time-during-and-after-a-divorce/">Summer Parenting Time During and After a Divorce</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
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		<title>Visitation Rights in the Era of COVID-19</title>
		<link>https://mccarthylebit.com/visitation-rights-era-covid-19/</link>
		
		<dc:creator><![CDATA[Richard A. Rabb]]></dc:creator>
		<pubDate>Mon, 30 Mar 2020 18:03:56 +0000</pubDate>
				<category><![CDATA[Family Law]]></category>
		<category><![CDATA[COVID-19]]></category>
		<category><![CDATA[Divorce]]></category>
		<category><![CDATA[Visitation Rights]]></category>
		<guid isPermaLink="false">http://9041b3eca6.nxcli.io/?p=9760</guid>

					<description><![CDATA[<p>As the global pandemic and outbreaks of the novel Coronavirus (COVID-19) develop around us, the health and safety of our children is at the forefront of our concerns. Individuals across the United States are encouraged to practice social distancing as much as possible. However, divorced parents with shared custody arrangements may have differing views on [&#8230;]</p>
<p>The post <a href="https://mccarthylebit.com/visitation-rights-era-covid-19/">Visitation Rights in the Era of COVID-19</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
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										<content:encoded><![CDATA[<p>As the global pandemic and outbreaks of the novel Coronavirus (COVID-19) develop around us, the health and safety of our children is at the forefront of our concerns. Individuals across the United States are encouraged to practice social distancing as much as possible. However, divorced parents with shared custody arrangements may have differing views on the level of containment measures necessary.</p>
<p>In an ideal world, both parents limit their social interactions and prevent their children from excessive socializing. Unfortunately, some parents are unable to practice social distancing or do not enforce rules that will keep the children safe.</p>
<p>When one parent chooses to dismiss the CDC’s COVID-19 community mitigation strategies, including social distancing, he or she increases the chances of transmitting the virus to his or her children during their visitation time.</p>
<p>Visitation schedules and parenting arrangements might look good on paper, but when a novel viral pandemic strikes, the constant back-and-forth between parents might not be so convenient or safe for anyone involved.  Both parents should have the opportunity to have frequent and continuing contact with their children, however, the right to visitation is not an absolute one.</p>
<p>One parent’s failure to implement protective measures during this ongoing pandemic, might cause the other parent to consider withholding visitation, even though they know it may violate a court order.  By example, the mother enforces the recommendations of the CDC. She drops her daughter off with the father who is not able or refuses to follow CDC recommendations. By his lack of practicing prescribed social distancing, he potentially exposes his child to the virus and sends her back to the mother when the visitation ends.</p>
<p>This creates a terrible situation for the parents because parents have to consider the safety of children as it relates to their own behavior.</p>
<p>There is most likely an increased risk for children with underlying medical conditions, this too should be weighed when considering whether visitation is in the best interest to the child’s health and safety. If frequent and continuing contact with either parent is not in the child’s best interest as a result of the parent’s social habits, those concerns should be immediately expressed to the court by way of filing to modify the decree allocating parental visitation rights.</p>
<p>A Court (if you are able to access one) may place just and reasonable conditions on visitation by way of order or decree. In determining whether a modification of existing parental rights is appropriate, the court will analyze: (1) whether there has been a change in circumstances; (2) whether a modification is in the best interest of the child; and (3) whether the harm resulting from the change will be outweighed by the benefits.</p>
<p>These are tough times and tough questions further complicated by the virtual closure of the courts. In the example above,<strong> what should the first parent do?</strong>  This is a case by case answer, but all parents should be proactive. Seek counsel before making decisions that could later affect your parenting rights; understand the implications of violating court orders; make filings with the court; reach out to people that have served as mediators in the past to broker disputes (lawyers, doctors, social workers, etc.); and do your best to make grounded decisions together.</p>
<p>The post <a href="https://mccarthylebit.com/visitation-rights-era-covid-19/">Visitation Rights in the Era of COVID-19</a> appeared first on <a href="https://mccarthylebit.com">McCarthy Lebit - A Cleveland/Ohio Law Firm</a>.</p>
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