Our attorneys represent clients in Divorces, Dissolutions, and Child Custody matters. Herrnstein Law recognizes the unique nature of Family Law matters and the importance of knowing when a case needs to be handled delicately to minimize strained family relations or when a case requires a firm approach to achieve the best results for our clients.
Divorce and custody laws in Ohio are complicated. It is important to find a lawyer who understands family law. Every case is different and having an attorney on your side can make a difference.
DIVORCE
When you go through a divorce, you must make tough decisions such as the division property and how parental rights and responsibilities will be allocated. These decisions must be made in order to complete the divorce process and allow you and your family to move on. Divorcing couples should try their best to agree on these arrangements. If a divorcing couple can come to an agreement on the separation of property and the allocation of parental rights and responsibilities, they will be able to avoid litigation which will save them considerable time and money. If divorcing couples are able to reach such an agreement, an Uncontested Divorce or a Dissolution proceeding may be possible.
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Hiring a knowledgeable family law attorney can greatly increase the chances of reaching an agreement. A family law attorney will help a couple work through issues such as the parties’ division of property and debt, spousal support, child custody and visitation, child support, and completing the required paperwork.
If spouses cannot come to a total agreement on their own, Herrnstein Law can help them negotiate the points that are in dispute based on their in-depth knowledge of Ohio Family Law. The goal is to resolve all or most contested issues before the case goes to trial, which can save significant time and money. Ultimately, if a trial is necessary it will be left up to a judge who will make these very important and personal decisions for you. Divorce laws can make the process difficult so having an attorney who understands them is the first step to getting what you deserve. If court action is necessary, having an experienced attorney will help you help make a stronger case.
Ultimately, the couple will determine whether their divorce is uncontested or contested. An uncontested divorce is quicker and is less expensive. However, sometimes one or both parties make coming to an agreement impossible, at which point the attorneys at Herrnstein Law will work tirelessly to ensure the best results for our clients.
CHILD CUSTODY
Ohio courts consider the best interests of the child as the primary factor when allocating parental rights and responsibilities.
To avoid having a judge make these decisions for you, divorcing parents should try their best to agree on how parental rights and responsibilities will be allocated. An attorney can help many parents reach an agreement. In some cases, the court must render a decision and the attorneys at Herrnstein Law can help show the court why our client’s proposed custody arrangement is in the best interest of your child(ren).
Ohio courts consider a number of factors when determining what is in the best interests of the child. The court will review interactions between the child, siblings, and parents, the emotional and mental health of the children and parents, and any adjustments required due to changed living arrangements. In some cases, the desires of the children are considered. If a child has sufficient ability to make a reasoned decision, the judge may ask the child about his or her preference regarding custody. Each parent has a role to play by respecting the relationship the other has with the children. The ideal outcome is for parents to agree on the custody arrangements without overly involving the court. In all situations, the decision should be based on the best interests of the child.
OHIO CHILD SUPPORT
Under Ohio law, both parents have a responsibility for supporting a child until at least age eighteen (18) years. Ohio uses a complicated formula to determine how much child support must be paid so the experience of an attorney is essential.
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Ohio law sets forth a basic schedule for the payment of child support in Ohio Revised Code section 3119.021. This child support schedule does have some variations, and the Court has the discretion to increase or decrease the child support number drastically. Therefore, speaking with a knowledgeable attorney can make a considerable difference in the amount of child support a client is ordered to either pay or receive.
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Modification of a child support order may be requested if one or both parents change jobs, become unemployed, or begin earning substantially more money. Therefore, if there is a change of income by either party the court can either increase or reduce the amount owed in child support. However, generally, the court can only make this change effective as of the date a party files a motion to modify child support. Therefore, time is of the essence when it comes to modifying child support.
FATHER'S RIGHTS
Under Ohio custody laws, both parents have equal rights and responsibilities to care for their children. Having an experienced attorney on your side is essential to preserving your parental rights as a father. A father who has a child while married to the mother of the child does not need to prove paternity. An unmarried father must establish paternity before he is entitled to his parental rights.
Establishing paternity is not a simple task, and is governed by statute, specifically Chapter 3111 of the Ohio Revised Code.
Fathers who have established paternity often require assistance with exercising their parental rights. A court must issue an order dictating the rights and responsibilities of each parent. An attorney can help a father receive custody or visitation.
