Family law in Ohio, and how it affects Fathers, Mothers, and their Children

In Ohio, the current statutes are skewed in the favor of the custodial parent when concerning contempt of court proceedings. Let me explain, if you are the non-custodial parent and you are named in your court order to pay child support, if you were to fall behind (even through no fault of your own) after 30 days delinquency you will find yourself on the receiving end of a summons. The CSEA through the Ohio Department of Job and Family Service acts on behalf of the child (also the custodial parent) and summons you to court to answer a charge of contempt. This legal action costs $0.00 to the custodial parent.

Now, if you are the custodial parent, you are able to sever visitation from the non-custodial parent and the children, causing you to be in contempt. When the non-custodial parent wants to remedy this issue and continue visitation he or she must hire legal counsel, pay a fee to the court to have the case heard (most cases $400.00), most attorney fees for this action can run between $600.00 to $1000.00. So to summarize, if you are a non-custodial parent it will cost you, $1000.00 to $1400.00 just to get the custodial parent into court to answer for a contempt charge (this still does not guarantee you will see your children). And if you are a custodial parent, after 30 days delinquency on child support payments, the legal system/state agency becomes your advocate, at no cost to you, and sends a summons to the non-custodial parent.

The fourteenth amendment to the U.S. Constitution section1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Proposed Legislation – State of Ohio – Domestic Relations

Whereas the family has been the foundation of society from the origins of the world. So then, because a child (or children) have been naturally appointed with a father and a mother, and a child (or children) being a gift from God, it is of the utmost importance that they have relationships with both parents to sustain the blessings of this life, and so they do not forget their ancestors and familial heritage.

Also,

Whereas it is good and prudent that governments be instituted among men, and government; being a reflection of the current order of the institution of the American family, I, Robert E. Stage Jr. propose amending the domestic relations segment of the Ohio Revised Code to make the law more equitable among custodial and non-custodial parents.

A. When a custodial parent shall fail to comply with the court appointed enjoyed parenting time for a period of more than 30 days, the CSEA / Job and family services case worker shall, in a written and sworn affidavit notify the county prosecutor of the alleged contempt of court. Upon receiving the sworn affidavit, the county prosecutor shall file a charge of contempt of court against the custodial parent in the court of the original verdict and decree.

(1.) The non-custodial parent must show causal for the aforementioned legal action by acquiring police reports for each infraction of the court appointed enjoyed parenting time order.

(2.) The non-custodial parent shall be wholly responsible for any and all evidence and its gathering (also its delivery to the CSEA / Job and Family Services caseworker).

B. If found guilty of contempt, punishment of the custodial parent shall be equal to the existing statutes for child support delinquency.

(1.) Upon first conviction of contempt, the custodial parent shall be incarcerated for a period of up to 30 days and pay up to a $250.00 fine.

(2.) Upon second conviction of contempt, the custodial parent shall be incarcerated for a period of up to 60 days and pay up to a $500.00 fine.

(3.) Upon third conviction of contempt, the custodial parent shall be incarcerated for a period of up to 90 days and pay up to a $1000.00 fine.

I am submitting this proposal to my state representatives, if you support this proposal please leave your comments stating such. Thank you.

Also, please reblog and share this with Facebook and Twitter with as many people as you can.

Some really good real world advice.

How do you feel about the current state of family law and family courts? I’m sure there are vast differences of opinion when discussing this subject. Many parents want to spend as much time with their children as they can. This makes a split of the family unit really stressful on all those involved, especially children. The courts can only slice the week so many ways to accommodate those parties involved. Also, financial matters come into to play with support orders, alimony and the bickering over who gets to claim the children on their taxes, who carries insurance, etc. A wise man once told me; work as many details out as you can with your ex-partner before either of you ever speak to an attorney. This will save you some money. It may not save you a lot of money, but you’re going to need every bit you can keep. If you are able, have a separation agreement loosely typed up and some idea of what your visitation schedule might look like, you will be well on your way to saving money, and time, if these things are agreed to before hand, it saves the arguing later, thus saving time with the attorney. Any time you can save at the attorney; the better off you are. Time is money! You’re going to find that once you involve the attorney, things usually turn nasty. Attorney’s make money from any deviation they can cause in the case, this includes, but is not limited to, telling you; well you can get a lot more money than you are asking your partner for”, “well you should get to claim both children, instead of alternating years” and of course “now listen here honey, you’ve put in a lot of time and effort into this relationship over the years, now that’s gotta be worth something”! Ideally parents would want to set up an agreeable visitation schedule, an agreeable dollar amount for support and all the particulars of taxes, insurance, etc. Most attorney’s work on an hourly rate, ranging anywhere from $100.00 per hour all the way to $300.00 an hour for “proud” attorney services, of course these numbers can go higher, these are merely the market prices in central Ohio. In any type of “fight”– or “war”; in some divorces, there are winners and losers. The worst part is almost 10 times out of 10 the children are always the losers and the attorneys are the winners and the parents are left somewhere in  the middle “purgatory”.

I was one of those guys who took a referral from a family member for my legal representation for my divorce. Sadly I didn’t do enough homework when it came to researching the attorney before I hired him to represent me. I had mediocre representation at best. I was charged a flat fee of $2700.00 for “divorce with children”. I never received an itemized invoice for services rendered, even after asking for one on several occasions. Whats even worse in my case, I paid for two divorces, just before the paperwork was filed I had given my ex-wife $2100.00 to pay the new house mortgage and incidentals for our children. I later found out, my ex never paid the mortgage, she used the money I gave her to hire an attorney to sue me for divorce. Aint that the luck! Actually she didn’t pay one mortgage payment on the new house she lived in for 14 months, and this is just plain greedy, after being in the new home, she let all her family members throw her a “house-warming” party where she received gifts for moving into a house I paid $2000.00 to have built, that she never paid a dime on for 14 months…. and lived in for FREE. 

Heres another piece of advice I didn’t know until I found myself searching for a “good” divorce lawyer, always; 100% of the time go with the reputable “local yocal” attorney in the municipality where your case will be heard. What this does for you is it  cozys you slightly closer to the judge hearing your case. You really want your attorney and the judge to already have a good working relationship. Think about it. Do you want the guy or gal who has worked with the judge many times over and maybe have shared a drink or a golf game with? Or do you want the guy or gal who has never seen said judge, never! I think you see my point. We all wish justice could be blind, but every now and again; she PEEKS and the scales are tipped! In the real world it really does matter who you know. I know I may sound a little jaded and cynical, but remember folks, I’ve walked the gauntlet already.

When there are children involved in your divorce, always, always, always, involve a family counsellor and a mediator, these two positions are going to be your lifeline! I cannot recommend this strongly enough; because this is where I lost the most ground, I did not do this. Take for instance, getting a counsellor involved, what this does is allows all parties involved to vent to someone other than the person they might despise at that particular moment in time. It saves a lot of unnecessary hurt feelings in what is already a tough situation. Getting a mediator involved will reduce any dis-agreements that pop up along the negotiating process, you know, “bumps” in the road. Also involving a mediator helps with dis-agreements in the future, because if everyone is on the same page and everyone knows exactly what their agreeing to, It’s hard to plead ignorant later over visitation, support, or what ever might be the pressing issue of the day.

You should always use ALL the tools at your disposal! Do extensive research, ask for references from your attorney’s former clients. Use the internet to view forums, and bar association writings regarding certain lawyers. Go to the library, study family law or read books on the psychological effects on children who suffer through such trauma as divorce causes. When you get right down to it; next to a death in the family; there really isn’t any trauma like a divorce. A divorce is the natural world of a child (no matter how bad their environment is) being un-naturally ripped into two pieces. After it is ripped like the tearing of your flesh, then the “distance” of the “divorce altered relationship” begins to set in. Which can cause all kinds of odd reactions from your children, depression, isolating themselves, drawing ”dark” pictures and so on.

I will leave you with this, do everything you can to speak respectfully of the other parent in the presence of your child, in their eyes you can “kill” the other parent with just a few careless hurtful words. Always make time to share and talk about how your child(ren) feel, and to an extent how you feel also now, remember divorce is new to you and your child(ren). Take advantage of every opportunity to encourage them to spend quality time with the “other” parent (no matter how devastating your alone time is for you).

I was not afforded many kind words in my divorce, this ultimately destroyed two of the best father daughter, father son relationships you ever witnessed. Now the relationships are dead. I have become as a distant memory in my children’s minds, I have become but a whisper in a hurricane.

Robert E Stage Jr.