google-site-verification: google333da203977fe276.html google-site-verification: google333da203977fe276.html
Current Issues in Family Law |
Domestic Violence and High Conflict Cases pose additional challenges for Courts when making a determination regarding custody and visitation.
The Courts do not favor one parent over another and Domestic Violence between parents does not necessarily foreclose a parent from obtaining custody or shared parenting. The Courts will be focused on the Best Interest of the Children, based on R.C. 3109.04, which will include addressing safety issues. The Ohio Supreme Court addressed these issues in Domestic Violence & Allocation of Parental Rights and Responsibilities. Even if the domestic violence only occurs between parents, children are negatively impacted. Witnessing domestic violence can lead children to develop an array of age-dependent negative effects. Research in this area has focused on the cognitive, behavioral, and emotional effects of domestic violence. Children who witness violence in the home and children who are abused may display many similar psychologic effects. These children are at greater risk for internalized behaviors such as anxiety and depression, and for externalized behaviors such as fighting, bullying, lying, or cheating. They also are more disobedient at home and at school, and are more likely to have social competence problems, such as poor school performance and difficulty in relationships with others. Child witnesses display inappropriate attitudes about violence as a means of resolving conflict and indicate a greater willingness to use violence themselves. The Courts recognize the importance of having both parents involved in their children’s upbringing, but it still must be found to be in the Children’s Best Interest. Traditionally, the Court would not grant Shared Parenting in High Conflict cases, but the trend has been to try and reduce the conflict between parents and not reduce parent involvement. In some cases, when parents seem unable or unwilling to co-parent, the Court will attempt to limit the parents contact to reduce conflict between the parents. In an effort to do that, one option has been to utilize parallel parenting. Parallel parenting is a technique in which divorced parents who wish to avoid contact do so by limiting their interactions. This solution works for high-conflict divorces, where parents may need some time to cool down before making amends or seeing and speaking to each other on a regular basis. This parenting style allows both parents to be involved in their child’s life without having to be involved in their ex-spouse’s life. Parallel parenting can be a way to let the dust settle before transitioning to a more interactive parenting style that allows for cooperation and communication. However, for some couples co-parenting isn’t and won’t ever be an option. Parallel Parenting can be effective utilizations supports such as:
0 Comments
In Ohio a shared parenting plan is governed by statute, R.C. Section 3109.04. This applies to both married and unmarried parents. The statute does not favor either parent but makes a determination based on what is in the best interest of the children. By law, the Shared Parenting Plan (SPP), must specify the visitation and holiday schedule, address religious upbringing, schools and child support. Parents are often required to include a clause that the parties must attend mediation prior to filing in court to modify the terms of the agreement. A good shared parenting plan will attempt to address issues that parents will face as the changing needs of the children. It can be hard to know what the needs will be, but the Plan should recognize that the child is going to want to spend less time with parents and more with their peer group. Often it is best to see your parenting time not as the time you spend with your child, but rather, the time you are responsible for your child, including transportation to and from school, extracurricular activities and ensuring the child is completing their schoolwork. Shared Parenting allows both parents to have an equal say in decision making. However, this can be difficult if parents are unable to communicate effectively and there is a high level of conflict. In the past, Courts were reluctant to award shared parenting when the couples could not co-parent, but there has been a recent trend to allow parents to Parallel Parent. Parallel parenting is an arrangement in which parents can co-parent by means of disengaging from each other and having limited direct contact. Though to point out, it’s really not co-parenting. Parallel Parenting often means that each parent is responsible for certain decisions since the parents have shown they cannot work together to come up with a decision and to force the parents to try and work together can have a detrimental on the child. For example, one parent may be permitted to make all medical decisions, while the other parent makes all educational decisions. The benefit is that decisions can be made in a more timely matter and reduces unnecessary conflict. In a Shared Parenting Plan, both parties have equal access to information regarding the child. However, some parents also equate Shared Parenting to equal time. This is not necessary the case, and may not be reasonable depending on where parents live in relationship to school and the parents work schedule. What happens if you want to change the terms of the agreement. Most likely you will first need to attend mediation to see if the parents can workout their disagreement. This is always the best solution, as parents will remain some control and are in the best position to know what is in their children’s best interest. If the parents cannot work out an agreement, then the parent asking to modify the Shared Parenting agreement will need to show the court there has been a change of circumstances before proceeding on the Motion to Modify. Once the Court has found there has been a change of circumstance, the Court will move to determine the best interest of the children. However, if a parent is asking to terminate the Shared Parenting Agreement, a finding of change of circumstance is not required and the court will make a decision based only on the best interest of the children. This was recently clarified by the Ohio Supreme Court in October 2020. Do you need an attorney? Probably not for Mediation, but once the matter is before the Court, parties should consider legal representation. Many are asking whether visitation, custody and parenting time is suspended during the pandemic crisis. There has been no indication or recommendation that this orders are not currently in effect or that they can be violated. It is encouraged that unless both parents are in agreements, that the parents continue to honor the agreement. This will also help children feel safe and give them a sense of normally during this time of crisis.
This is not meant to be legal advise or a contract for representation. Please seek legal representation. |
Archives
February 2024
Categories
All
|