Call To Schedule A Consultation 513-924-4014

Cincinnati Family Law Blog

New developments in custody law

Ohio law is comprehensive when it comes to child custody decisions. However, that does not mean that there is a rule on record for every possible situation. When new social needs arise, the law must adapt while remaining guided by the principles on which it is founded. 

Currently, judges consider the facts of a case with regard to several prescribed priorities. The FindLaw page on child custody and divorce lists a number of these concerns:

  • The stated preference of the parents
  • Any mature child's preferences
  • The quality of the relationship between the child and the proposed guardians

Single parents: Why you should always keep a parenting journal

Single parents invariably cherish the time they spend with their children, and what better way to remember this time than by keeping notes and photos in a parenting journal?

Such a parenting journal will be an excellent way to safeguard your memories for the future. It will also be a record of your parenting activities, which could serve as valuable court evidence to back up legal claims one day.

What are the benefits of mediation?

When couples in Ohio decide to call it quits after trying every possible scenario for staying together, the partners may dread the process of dissolution as much as they fear divorce itself. If you are in this situation, and you and your spouse communicate relatively well when you are not under intense stress, you may want to consider mediation as an alternative to divorce court.

According to the American Bar Association, mediation is not for everyone, but if you are a spouse who can express "ideas, wants, and needs in a mature manner," you may be a good candidate for the process. The ABA says what makes mediation a viable option for respectful partners is it can replace the courtroom, which often scares even the most poised of individuals, with a "more serene environment." 

What should I not include in my will?

The purpose of a will is to specify who will receive your property and assets when you pass away. Many people in Ohio, however, may be surprised to learn that certain properties or holdings actually should not be or cannot be included in a will. This is because specific properties are accompanied by their own rules that govern what happens to them after the owner dies.

Findlaw describes certain properties and assets that should not be listed in a will. Property listed in a living trust, for example, cannot be willed to another person because the trust already delegates who the property goes to after the owner's death. A will cannot override the terms of a trust. Property in a trust is under the jurisdiction of a trustee and when you die, the property shifts to the ownership of the beneficiaries while the trustee oversees the implementation of the terms of the trust. If you wish to change the terms of your trust, you would have to do it through the trust and not through a will.

Who gets an LLC in a divorce?

In Ohio divorces, courts divide shared assets equally between the two former spouses. This means that nearly anything, from your bank accounts to your home, might be subject to division. While this process might be relatively straightforward when it comes to a simple asset, such as a joint savings account you and your spouse might hold, it tends to become complicated very quickly with mixed assets, business holdings or high-asset situations. 

The first issue complicating business divisions during divorces is that, while sole proprietorships and limited liability corporations often have value, the exact worth of yours might be difficult to pinpoint. To that end, you might have to hire accounting professionals with legal experience to review your books. Depending on the state of your files, this could prove to be a straightforward task or a major investigative undertaking. 

Why parents of the disabled should consider special needs trusts

As an Ohio parent of a disabled or special needs child, you face unique estate-planning considerations, but odds are, a primary goal is to see that your child’s needs are met once you pass on. Depending on the type and severity of your child’s disability, he or she may end up needing a lifetime of care after your passing, and one way to see that your child has everything he or she needs involves establishing a special needs trust. At King, Koligan & Associates, LLC, we understand the benefits of special needs trusts, and we have helped many parents navigate estate planning efforts on behalf of their special needs children.

Just how can a special needs trust help your disabled or special needs child? Through establishing a special needs trust, you can help ensure that any assets you leave to your child go directly to him or her, bypassing probate. Per CNBC, assets in the trust can also go directly to your disabled child after your passing, rather than having them go toward Medicaid reimbursements, as might be the case without an established trust.

Preparing for mediation can help you work through it

Divorce mediation sessions can be difficult to handle. These require you to negotiate with your ex to come up with the terms of the divorce. You won't necessarily have to work directly with your ex but even working with the mediator might be a challenge. Still, it may be preferable when you consider that the other option is to go through a trial that would allow the court to make decisions about the case.

One of the best things that you can do when you know that you have a mediation session coming up is to prepare for it. Consider these tips as you are getting ready for your upcoming mediation session:

Are you impacted by federal estate tax changes?

If you have an estate plan or are creating an estate plan in Ohio, you probably have heard about estate tax laws. While each state has their own laws, there are also federal laws to know and understand. Recently, a new federal estate tax law was passed, according to Forbes.

The main point of the law is it raises the exemption limits before your assets are taxed. However, the limits were already in the millions of dollars, which didn't harm most people. You will really only be impacted by the recent changes if you have many valuable assets with a high-value amount.

Is there bias in custody cases?

As you head to an Ohio court for your divorce case, you may be worried about how custody will be handled. This is often a very emotional part of the proceedings for most people. There are a lot of things that are said about custody hearings. One is that the courts always side with the mother, granting her custody and slamming the father with huge child support payments. However, this bias is not really seen anymore. Instead, the courts have a new agenda when determining child custody cases.

According to Slate, the main focus of family courts now is trying to ensure both parents will be involved equally or as close to equally as possible in the children's lives. While in the past, it was thought mothers were the caregivers who put the most effort and time into raising the children and therefore made the better parent for custody rights, today's courts understand the importance of children having both parents in their lives.

The first steps to take when considering divorce

Divorce is a momentous step. If you are considering divorce, it is likely you have a number of questions. While no one can tell you if divorce is right for your situation, there are a few things to consider prior to filing for divorce. These include:

Email us for a response

Start Creating Solutions

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy


9370 Main Street Suite A
Montgomery, OH 45242

Phone: 513-924-4014
Montgomery Law Office Map