Guardian Ad Litem: A Brief Introduction Guardians ad litem, or GALs, are often appointed by the courts in family law cases (juvenile and domestic relations) to assist the court in determining what outcome would serve the child’s, or children’s best interests. A court may limit a GAL’s authority to investigate only limited matters or it may authorize the GAL to conduct a broad investigation. The court may appoint a GAL on its own or initiate the process upon the request of one or both parties to the case. Depending on the court, a deposit is often placed in which to pay the GAL fees and the bur ..read more

At Atkins And Atkins Attorneys at Law, we understand that child custody disputes can be emotionally charged and stressful experiences. In the state of Ohio, custody proceedings between a parent and a nonparent may involve a determination of parental unsuitability, or whether a parent is considered “unfit” to have custody of their child.   Parental Unsuitability in Ohio  Ohio law (R.C. 2151.23(A)(2)) states that a court may not award custody to a nonparent without first making a finding of parental unsuitability. In other words, the court must determine that a preponderance of th ..read more

If you are going through a divorce or separation in Ohio, you may be concerned about how you will support yourself financially after the split. One option that may be available to you is spousal support, also known as alimony. Can I receive – or must I pay – spousal support? It is important to note that spousal support is not automatically awarded in a divorce. A party to a divorce must specifically request spousal support, and then the court will determine whether it is appropriate and reasonable. If the answer is yes, the court will need to determine the nature, amount, terms of payment, an ..read more

If you are considering ending your marriage in Ohio, you may have heard about annulments as an alternative to divorce. Annulment is a legal process that declares a marriage invalid or void, as if it never happened. While divorce ends a valid marriage, annulment erases it from the beginning. Why will a court grant an annulment in Ohio? To get an annulment in Ohio, you need to prove that your marriage is void or voidable. Ohio law defines specific reasons that may qualify for annulment. They are: Bigamy: One spouse was already married to someone else at the time of the marriage. Incest: The co ..read more

At Atkins And Atkins Attorneys at Law, we understand that every family is unique and that navigating the complexities of child custody decisions can be challenging. Our team of dedicated family law attorneys are here to help you understand the differences between shared parenting and sole custody so you can make the best decision for your family. Shared Parenting: A Collaborative Approach Shared parenting, sometimes referred to as joint custody, is an arrangement in which both parents share the rights and responsibilities of raising their children after a divorce or separation. This includes m ..read more

Divorce can trigger a tangle of emotions that you may struggle to sift through. Feeling emotionally off-balance can leave you with unhealthy coping strategies, such as comparing yourself with your ex. Learn how to make it through this emotional thicket and sift through the fog of frustration. Psychology Today has tips for lifting yourself out of comparison. Your life may not be on an ideal path, but that does not mean you are without control. People heal at different rates It may seem as if your former spouse is on a fast track to emotional recovery while you feel yourself moving at a slug’s p ..read more

At Atkins And Atkins Attorneys at Law, we understand that navigating the complexities of family law can be an emotionally challenging and confusing process. In the state of Ohio, one issue that may arise in family law cases is child abandonment. In this blog post, we will provide an overview of child abandonment, its implications, and how our experienced legal team can help guide you through the process. What is Child Abandonment? While the Ohio Revised Code (Ohio Rev. Code Ann. § 2151.011(C)) does not explicitly provide a definition for “abandonment,” it has been defined by the courts as any ..read more

When residents of Ohio like you work on your estate plan, you must pick an executor. This person will carry your estate plan out. Because of that, they are a crucial part of the process. You want to select someone who is right for you and your plans. Today we will look at some things you should look for when picking an estate executor. Personal qualities of an executor Forbes takes a look at choosing an executor for your estate. There are many things to look at. First, how compatible are they with you on a personal level? You may not think this is as important, but they will carry out your fin ..read more

Postnuptial agreements will soon be another tool for Ohio couples to safeguard their personal assets and create certainty in case unexpected marital issues come up down the road. A postnuptial agreement is a contract entered into during marriage allowing spouses to create end-of-marriage contingencies that fit their unique situation. A postnuptial agreement can stand on its own as an enforceable agreement or can modify a prenuptial agreement. Just like prenuptial agreements, a postnuptial agreement can clarify the ownership of financial assets, allow the parties to determine details about divo ..read more

When you and your spouse get a divorce, you usually have to divide your property. Ohio’s property division laws dictate which assets you might keep after the marriage. You may want to divide all of the assets in half to make the division fair. According to FindLaw, Ohio uses equitable distribution to divide a couple’s assets. This means that a court may not award half of the assets to each spouse. How does equitable distribution work? A court typically examines your unique situation to determine an equitable distribution of your property. The court might consider the income you earn and your a ..read more