<![CDATA[Dublin Family Law Blog]]> tag:www.gillespielawohio.com,2013-03-21:/blog/76495 2019-04-25T15:32:29Z Movable Type Enterprise <![CDATA[When do courts order sole physical custody of children?]]> tag:www.gillespielawohio.com,2019:/blog//76495.3718367 2019-04-25T15:33:29Z 2019-04-25T15:32:29Z Child custody is a complex legal issue and can affect families in Dublin in different ways. As Ohio courts look to protect the best interests of the children whose custody matters appear in their chambers, it is important that our readers remember that different custody cases will be resolved based on their own unique facts and issues. Sole physical custody can be ordered for different reasons.

Sole physical custody is often ordered when one parent is not capable of providing care to their child. The reason for their inability to take care of their child can vary. For example, a parent who is actively deployed in the military may not be able to give day-to-day care to their child, but neither may a parent who is incarcerated in jail.

]]> If a parent is physically present by mentally incapable of providing for their child's daily needs they may also be denied physical custody rights. In unfortunate cases in which parents have been accused of or proven to have abused children or other family members, courts may deny those parents physical access to their kids to protect them from harm. The well-being of children is paramount when custodial matters are being decided.

If a parent is denied physical custody of their child, they may have options for seeking visitation time. Depending upon their case and their children's needs, visitation may be ordered on a schedule, with supervision or subject to other rules and restrictions. It is important for parents to understand all of the pertinent information about physical custody and sole custody.

<![CDATA[How to fight for alimony in an Ohio divorce]]> tag:www.gillespielawohio.com,2019:/blog//76495.3717695 2019-04-24T15:21:37Z 2019-04-24T15:20:37Z If you are getting a divorce, you may hope to receive alimony, also known as spousal support in Ohio. Receiving support payments during and after your divorce is not a guarantee. If you do receive alimony, it may be on a temporary or permanent basis. 


]]> Insufficient income


The effort and costs of obtaining employment


Taking care of the children


Standard of living and duration of the marriage



<![CDATA[The status of oral and handwritten wills in Ohio]]> tag:www.gillespielawohio.com,2019:/blog//76495.3707760 2019-04-17T15:23:32Z 2019-04-17T15:22:32Z A will is an important legal document that is often included in the estate plan of a Dublin resident. A will must meet certain requirements in order to be valid and if it does not meet those mandates it may not be recognized as controlling when a person passes away. Generally, a will must be made by some who is an adult, who is of sound mind, who was not forced into make their will and the will must be signed by its creator and two other witnesses.

In some circumstances, however, a person may not have an opportunity to execute a fully compliant will before their passing. For example, when illness takes a person's life and they do not have time to formalize their testamentary intentions in writing, they may speak their will to others. An oral will, also known as a nuncupative will, may be valid if the individuals who hear the testator speak their will write down the testator's intentions within 10 days of hearing them and can prove that the testator was of sound mind.

]]> A handwritten will may be considered valid if its signing is witnessed by two individuals who also sign it to validate it. Handwritten wills are sometimes referred to as "holographic" wills.

It is important that wills are drafted with care and attention to the needs and wishes of their creators. Wills that are ambiguous and that do not meet the state's statutory requirements may be considered invalid or otherwise subject to challenges when they are probated. It can be advisable for individuals who wish to draft new wills to get more information about estate planning law.

<![CDATA[When can you stop paying support to an ex-spouse?]]> tag:www.gillespielawohio.com,2019:/blog//76495.3700283 2019-04-11T14:55:40Z 2019-04-11T14:54:40Z Spousal support is an obligation created between two individuals pursuant to their divorce. In Ohio, an order or agreement for spousal support can be permanent or temporary. Depending on many factors that relate to the capacities of the parties to earn incomes and support themselves, spousal support can last for varying durations of time and can be for very different sums of money.

Spousal support is generally formalized in a divorce decree and, therefore, it becomes a binding obligation between the parties. If a paying party stopped providing their ex-spouse with support in violation of the terms of their spousal support agreement or order, then they may face sanctions for their non-compliance. A person who simply stops paying spousal support may face penalties.

]]> However, a person who pays their ex-spouse spousal support may petition the court to modify or end their obligation. If, for example, the recipient party in a spousal support arrangement got a job or remarried, they may no longer need the support of their ex-spouse to get by. Individual petitions to change or end spousal support obligations are considered on their own bases and different grounds can serve as the bases for terminating such relationships.

Individuals should be aware that the unilateral decision to cease spousal support payments may be actionable by their ex-spouse. Modifications require court action to be official and, therefore, those who want to make changes to their current spousal support situations may need to seek more information about family law options and the potential paths forward.

<![CDATA[The road to adoption may be filled with complications]]> tag:www.gillespielawohio.com,2019:/blog//76495.3693671 2019-04-04T21:07:56Z 2019-04-04T21:06:56Z Adopting a child is an emotional process that can fill the lives of Ohio parents with love and happiness. It is also, however, a legal process that is complex and full of mandates and requirements. Although many successful adoptions take place each year throughout the state, it is important that families understand that complications can delay or derail their adoption pursuits.

One way that an adoption may be met with challenges is if either of the child's birth parents objects to the proceedings. A birth mother may decide that she does not want to give her child up. A putative father may learn of his child's pending birth and may challenge the mother's decision to put the child up for adoption. These situations can be difficult on adoptive parents and may create issues in their legal proceedings.

]]> Additionally, adoptive parents who have found a willing birth mother may discover that the birth mother wants to utilize an open adoption for her child. Open adoptions effectively leave the door open for birth parents to communicate with their birth children despite their decisions to give them up. Adoptive parents who are not comfortable with an open arrangement between their child's birth mother and their family may need to seek legal support to understand what they can do in such a situation.

Although adoption is a rewarding and special process, it is also a tough experience for many Ohio families. Problems can come up in many different ways. To prepare for the triumphs and challenges of the adoption process, individuals may want to get more information about family law options.

<![CDATA[What factors affect child custody modification approval?]]> tag:www.gillespielawohio.com,2019:/blog//76495.3683231 2019-03-28T19:11:34Z 2019-03-28T19:10:34Z Perhaps you have earned a promotion at work, but the new position involves relocating from Cincinnati to Columbus.

This will require asking for a modification of your existing child custody agreement. Will the court approve your request?

]]> A little background

You have been divorced for three years and so far, the visitation schedule has worked well. You are the custodial parent for your 10-year-old daughter, but Annie sees her father on a regular basis. She has many friends, both at school and in her church youth group, and she seems to have adjusted well to post-divorce life.

In the view of the court

The court will consider child custody agreement modification due to a proposed relocation, but the judge will want backup information to support the request. Here are some examples of the questions the judge might ask:

  • What is your motivation for relocating?
  • How disruptive will this be for your child?
  • Have you and the other parent worked out a viable visitation schedule?

You should be ready to present a letter from your company that confirms your promotion and the need for you to move to Columbus.

Benefits of the move

You should also have information ready about the neighborhood where you and Annie will live, what school she will attend, what leisure activities there are in the area and what extracurricular activities there are for Annie to consider.

Changes to visitation arrangements

The change to your current visitation arrangement will be of primary importance to the court. Fortunately, Columbus is close enough to Cincinnati that you can work out a weekend visitation schedule. You are also open to the idea of Annie spending more time with her father during the summer and on certain holidays.

Professional assistance

In the state of Ohio, you cannot change your child custody agreement yourself: You must file with the court. It is a good idea to have an advocate in your corner who is knowledgeable about the law and the local court mindset to ensure that your modification request meets with success.

<![CDATA[Facing the many aspects of a divorce in Ohio]]> tag:www.gillespielawohio.com,2019:/blog//76495.3682155 2019-03-27T20:51:22Z 2019-03-27T20:50:22Z A divorce is a difficult event for a family to endure and may impose stress and burden upon partners, parents and children. Just getting to the end of a contentious divorce may be the goal of a Dublin resident, but it is important that as a person works to end their legal relationship with their soon-to-be ex-spouse that they must also address a number of other important issues. Those issues can relate to how their money and property are divided up, as well as how their children will be cared for in the future.

Practically all divorces involve property settlement negotiations, in which the parties to the legal proceedings decide how their marital property should be divided. While separate property may be taken by its owners, marital property is property that may be rightfully claimed by either partner. These negotiations can be vital to making sure a person has what they need once they are out of their relationship.

]]> Additionally, matters of support and custody can be critical to the outcome of a pending divorce. Alimony and child support are significant in that they provide affected individuals with financial backing after a marriage ends, custody establishes when and where children will be with their parents as well as which of those parents may make decisions about their upbringings.

A divorce ends a marriage, but for most people it involves so much more than just breaking the bond between two people. To learn more about how our law firm supports our divorce clients, readers may visit Gillespie Law online.

<![CDATA[How a prenuptial agreement may change the outcome of a divorce]]> tag:www.gillespielawohio.com,2019:/blog//76495.3673435 2019-03-21T14:54:25Z 2019-03-21T14:53:25Z As our readers of this Ohio-based family law and estate planning blog may know, the property that a person owns may have different classifications under the law. This is particularly true if they are marred; a spouse may have their own property that they do not share with their significant other and they may have property that they hold jointly with their husband or wife. In the event of a divorce, a person may find themselves fighting to prove that certain property is separate when their soon-to-be ex-spouse claims that it is shared.

This is only one example of how property, money and assets can be contested during a divorce. Although it is not at all idealistic to consider, a prenuptial agreement may save couples from squabbling over who will take certain items when the partners are no longer together. Prenuptial agreements that are validly executed may alter divorce outcomes by their terms and the agreements the parties made.

]]> A prenuptial agreement may help a person protect business interests from the reach of their spouse, and it may help a person demonstrate that they contributed to the purchase of an asset that their ex-spouse believes should be separate property. A prenuptial agreement may allow the parties to decide how their debts will be assigned if they divorce and may save them the headaches of undergoing those negotiations.

In the end, prenuptial agreements let parties work out certain terms that may become relevant if they divorce. Prenuptial agreements cannot address matters related to children, but all couples that are planning to wed should consider whether they may benefit from having prenuptial agreements in place before they get married.

<![CDATA[What is a spendthrift trust?]]> tag:www.gillespielawohio.com,2019:/blog//76495.3667469 2019-03-15T02:39:11Z 2019-03-15T02:38:11Z Most parents in Ohio do their best to help their kids understand basic and important life skills. They may teach them how to care for their own physical needs and how to budget for their financial expenditures. While some children may embrace these lessons and thrive in adulthood, others may struggle to give up their adolescent ways.

A parent who wishes to provide for their child through their estate plan may worry that their child will quickly exhaust their inheritance due to their extravagant spending. They may have concerns that their child will not have the financial help that they require because they are unable to manage their own financial affairs. For individuals in this worrisome situation, a spendthrift trust may be useful.

]]> A spendthrift trust is a trust in which the beneficiary cannot sell or give away their trust interests. As a beneficiary they may receive regulated payments from the trust, but they may not control its administration or use. It is only when the trust ends and the beneficiary receives its property that the beneficiary may have any control over its disposition or use.

Spendthrift trusts may be created by anyone who wishes to provide for someone who does not possess the capacity to manage their own spending. They are not limited to use between parents and children. Many different forms of trusts exist that can serve the estate planning needs of their creators. To learn more about spendthrift trusts and the many other trust options that Dublin residents have, readers can contact their estate planning attorneys for useful information and individual legal advice.

<![CDATA[Child support is for more than a child's basic needs]]> tag:www.gillespielawohio.com,2019:/blog//76495.3652769 2019-03-06T22:09:01Z 2019-03-06T22:08:01Z If parents in Ohio were to total up all of the costs that they must cover to provide their children with what they need, they may come up with a staggering figure. Aside from the food, shelter, clothing and warmth that the child needs to stay healthy, a parent may add in costs associated with education, extracurricular activities, entertainment, transportation, out-of-home care and more. Raising a child is expensive and often requires the contributions of both parents.

When parents live together they can pool their resources to make sure that their children are provided for. However, when parents are divorced or choose to live separately, they must find a balance wherein their child has a stable home and the financial support necessary to allow them to continue to live their life. This can mean that the child's non-custodial parent will need to pay child support to the custodial parent to keep up with the costs of caring for the child.

]]> In Ohio, there are guidelines that courts use to determine how much money a parent should pay in child support. Parents may also come up with their own agreements regarding child support, as long as they provide for their children's best interests. Whether by agreement or order, a child support plan will require parents to cover more than a child's basic costs to ensure that they are able to live a full life.

Family law options need to be considered when it comes to divorce and separation and how such proceedings will impact a child's life.

<![CDATA[Preserving family law fairness in the age of social media]]> tag:www.gillespielawohio.com,2019:/blog//76495.3645845 2019-03-01T03:40:11Z 2019-03-01T03:39:11Z Although Ohio residents still call up their friends to find out what is happening in their lives, many can quickly catch up on the big events happening in the lives of the people they love by signing into their social media accounts. Facebook, Twitter, Instagram and a bevy of other internet-based platforms allow individuals to share pictures, information and other forms of data with their connections in a user-focused manner. These social media platforms can, however, complicate family law matters when online friends, shared data and other information become relevant or discoverable at trial.

Recently, a judge granted a mother sole custody of her child based on alleged domestic violence that existed between the mother and her husband, but that ruling was short-lived. An appeal sent the matter to a higher court for reconsideration and now the matter must be reheard. That is because the judge accepted a friend request from the mother through Facebook before offering his final ruling.

]]> The fact that the judge chose to befriend the mother online showed a lack of impartiality in his ability to make a fair ruling, and as such the parents must go back to court to resolve their family law issues. This story is only one example of how social media accounts can impact family law case outcomes.

Social media is a great way to stay connected with people who are far away and with whom individuals do not have close, personal relationship. It can, however, become a complicating factor in cases when comments, evidence and friendships muddy the waters of fairness and create questions of partiality in the civil judicial system.

<![CDATA[Advance directives: how to choose a health care agent]]> tag:www.gillespielawohio.com,2019:/blog//76495.3643359 2019-02-27T20:21:35Z 2019-02-27T20:20:35Z An advance directive, or medical power of attorney, is a crucial estate planning document. This document gives you the opportunity to designate someone to act on your behalf if you become unable to make your own medical decisions due to a debilitating injury or illness. This person may be known as a health care agent, proxy or surrogate.

Many people choose the following individuals as their health care proxy:

  • Spouse
  • Partner
  • Close friend
  • A relative
]]> This list is a good place to start when considering someone for this crucial responsibility. But you may need to do some careful assessments before coming to a final decision. Below are some ideal qualities to look for in a health care agent.


Your health care proxy should be bold, decisive and self-assured. This is vital because this individual may need to make choices against the wishes of other loved ones. He or she may also face opposition from nurses and doctors. If you see this type of conflict as a possibility, make sure you choose someone who can stand up for your desires no matter what. 


Whether the person lives near you is a necessary factor to consider. If you have a prolonged terminal illness, this individual may need to spend several weeks or months ensuring the medical professionals heed your health care wishes. But if the right person does not live in the same city or state, it does not need to be the ultimate determining factor. 

Financial matters

You should also think about who you will name to manage your financial affairs in the same circumstances. Consider the benefits of naming the same trustworthy person to make defend your medical and financial wishes. But if you want to name separate people, be sure they can work well together, get along and compromise. 

When you choose the right person to be your health care surrogate, you give yourself and your loved ones peace of mind.

<![CDATA[What happens if parents cannot agree about their child's custody?]]> tag:www.gillespielawohio.com,2019:/blog//76495.3633683 2019-02-20T21:14:14Z 2019-02-20T21:13:14Z The divorce or separation of a couple in Ohio can require the parties to make many important legal and financial decisions. As they choose where they will live and who will retain control over certain parcels and items of property, they may also need to work out how they will share in the responsibilities of raising their kids. Child custody plans provide guidance to parents on how they will work together to provide their kids with the support they need despite the end of their parents' relationship. While some parents can work out solid child custody agreements, others may struggle to find common ground with their former partners.

When parents cannot agree about the custody of their kids their case may go to court so that a judge can make a decision about how to resolve the matter. When a court intervenes, the judge in the case will look at the best interests of the child or children to decide where they should live, which parent should be responsible for their day-to-day needs and if the parents can share physical custody between them.

]]> Parents should not rely on the child custody outcomes of their friends or acquaintances to be controlling in their own cases. The needs of individual children are considered in each and every child custody case.

Parents can work together to resolve their custodial issues or they may turn to the courts to have judicial orders issued for them. However, child custody issues are resolved the best interests of the children will generally control how the physical and legal custody of the children is established between their parents.

<![CDATA[Get answers to important divorce questions]]> tag:www.gillespielawohio.com,2019:/blog//76495.3628131 2019-02-15T01:56:23Z 2019-02-15T01:55:23Z It is a trend that may surprise some and may make sense to others: In January, more people file for divorce that in other months of the year. This is thought to happen because individuals want to get through the holidays without disrupting their families. It may also occur because some resolve to be happier in the New Year and experiencing more joy may mean letting go of a spouse.

It is now February and Ohio residents may still be riding this trend and wondering what options they have for ending their marriages. Divorce is a heavy legal matter that has many implications for how the custody of children, the division of wealth, and the distribution of property may be handled. How these and other important matters are managed can have long-term consequences on the life of a person after their marriage has ended, and therefore it is in their interests to ensure that their divorce happens appropriately and on their terms.

]]> The Gillespie Law Firm is located in Dublin, Ohio, and offers legal representation and support to men and women who are facing a number of family law issues, including divorce. They are strong advocates for their clients' needs and fight to provide them with the knowledge and options they require to work through their divorces and come out with their rights and futures intact.

The start of the year can be a busy time in the divorce courts of the country, and individuals who want to get the most out of their divorce cases often benefit from associating with legal counselors. The Gillespie Law Firm is open to new clients who are ready to begin learning more about their options for ending their marriages.

<![CDATA[Changes to estate plan may be necessary after a divorce]]> tag:www.gillespielawohio.com,2019:/blog//76495.3616392 2019-02-07T15:44:19Z 2019-02-07T15:43:19Z It is important that all Ohio residents seriously assess their needs for written estate plans. While many people may feel that they do not possess sufficient assets to justify the creation of estate planning documents, practically everyone can benefit from taking the time to consider just what may happen to their wealth and possessions if they pass away. Additionally, those who do have estate plans in place should consider what changes they may need to make to their existing testamentary documents when they go through significant life events like divorces.

It is not unusual for spouses to name each other the beneficiaries of their wills or to name each other proxies on their power of attorney documents. However, when spouses divorce, it may be necessary for them to change their documents to reflect the dissolution of their marriages. The failure to do so may result in ambiguity concerning the intentions of the decedent or individual who has become incapacitated.

]]> Although Ohio law allows for the automatic withdrawal of an ex-spouse from their former partner's estate planning documents, the removal of such a person from important documents can leave those documents with unclear or without sufficient information to establish the intentions of the creator.

An estate plan should be clear, but also capable of being updated to reflect the changing needs of its creator. In order to ensure that state laws have been followed, Ohio residents can get more information about estate planning to protect their interests in the event that their marriages end in divorce.