We had quite a reaction to the blog related to whether a child can choose which parent to live with upon the parents divorce in Ohio.  Readers were surprised to learn that a child no longer had the ability to make such a choice, even if the child is 12 or 13 years old, and many were upset to learn this fact (evidently many were counting on this fact). Given the level of reaction, we thought that a few points of clarification were in order. While it is true that a child in Ohio no longer has the absolute right to choose which parent he or she would like to be deemed the residential and custodial parent, a child’s preferences can play a role in the Court’s ultimate decision on the matter.

Under current Ohio law, when a party requests (or upon the Court’s own motion) the minor child can be interviewed by the judge or magistrate in chambers (called an “in-camera” review) as to the child’s wishes and concerns related to custody matters. However, before the Court will take into account the child’s wishes or preferences regarding child custody, it must first determine whether the child has the maturity level to adequately express such feelings in a useful manner (what the statute calls “reasoning ability”).

Should the child have the requisite reasoning ability, the Court must then ask whether interviewing the child and asking him or her to express those wishes and concerns is actually in the best interest of the child, or whether asking the child to “choose” between parents would be detrimental to the child. In other words, although the Court is empowered to take into account the child’s preferences in determining custody matters, it will only do so if the child is mature enough to provide useful input and if asking the child to pick between parents would not be detrimental to the child’s well-being.  So, in short, for those of you counting on the fact that your child wants to live with you as being the winning card against your ex, there is some benefit to that being the case, even if the law doesn’t allow the child to make the ultimate decision.

It is one of the most common myths that people maintain when it comes to child custody: Once a child reaches a certain age, that child can choose which parent to live with, right? Well, that is actually incorrect. However, this myth is based in history and actually grounded is truth. Under former Ohio law, once a child attained the age of 12 years old, that child had the power to choose which parent was to be deemed the residential parent and legal custodian of that child. However, under current Ohio law, minor children no longer have the ability to choose which parent they want to live with on a permanent basis. In other words, when the Court issues its final divorce decree which, among other things, allocates parental rights and responsibilities, it is not the child that determines which parent is to be the residential parent, even if that child is a teenager. Ohio law treats a 14 year old in the same manner as a 4 year old when it comes to determining which parent with be designated as the residential parent. And, like almost all issues involving minor children, the determination is guided by what is in the “best interest of the child”.

So, divorcing parents, remember that your child will not be choosing for or against you when it comes to custody issues. Rather, the Court will decide and you need to focus your energy on convincing the Court that it would be in the best interest of the child to live with you … do not work on convincing the child that he or she should choose you. Which, in truth, is not fair to the child anyway.

To be considered disabled for purposes of receiving Social Security Disability you must not be able to do any kind of substantial gainful activity for a continuous period of at least one year, or have an impairment that may result in death.  The disability must be medically determinable.  In other words, there must be a medical basis either physically or mentally for the condition.

The Social Security Administration will consider your age, education, and work history along with your medical condition.  For example, a 57 year old hard laborer who has degenerative disc disease along with rheumatoid arthritis that prevents him from doing the type work that he has always done in the past, but is still capable of doing light work, will likely be considered disabled because of his age and lack of experience in other fields of work.  In contrast, a 35 year old banker with an MBA from The Ohio State University that has a slight onset of fibromyalgia would find it much harder to fall within the SSA’s definition of disabled.

In either case, an attorney should be contacted as soon as a denial letter is received.  If you reside anywhere within the state of Ohio, our office would be happy to schedule you in for an appointment regarding your SSD / SSI claim.  You can fill out the online contact form or give us a call at 937-432-9775 to schedule an appointment to meet with one of the partners.

Many divorcing couples say that they want to work out Joint-Custody of their children, but wonder how to make that a part of the Divorce Decree. Well, the answer is that there is such a thing as Joint Custody under Ohio divorce statutes, but it is not actually called “Joint Custody”. Rather, in Ohio, what people generally mean by Joint Custody is something called “Shared Parenting Plan”. With a shared parenting plan, the parties agree to share the parenting responsibilities such that one parent is not designated as the sole residential parent and legal custodian of the minor children. The parties agree on some form of shared parenting plan and submit the plan to the court for its approval. If the Court accepts the shared parenting plan, then the plan is actually incorporated as part of the final divorce decree and both parents will have be deemed to have legal custody of the children, as opposed to one parent being the residential/custodial parent and the other having visitation rights only.

So if an attorney or a court talks about a shared parenting plan, remember that that is simply a term for what most people refer to as joint custody.

Personal injury claims occur when you have been injured or a loved one has been killed by someone’s negligence or intentional act. There are countless ways in which such a claim could arise including everything from an auto accident, truck accident, motorcycle accident, atv accident, to a defective product that causes injury or death, nursing home negligence or medical malpractice, and negligent hiring, among other things. The best way to evaluate whether you have a legititmate case for damages is to contact an attorney.  You can start right here by calling our office at 937-432-9775 or filling out our free online consultation form.