Divorce/Dissolution Archives | Charles Bendig Law®

When parents battle over school districts

Divorce and custody battles can be emotionally challenging for parents, and one crucial aspect to consider is determining the school district for the child. This decision has a significant impact on the child’s education and stability.

Let’s explore some practical steps and considerations to help parents navigate the process of determining the school district during custody disputes.

Understand Legal Framework: Familiarize yourself with the legal framework governing custody and education in your jurisdiction. Consult with a family law attorney who can provide guidance on relevant laws, regulations, and court precedents regarding school district determination.
Review Custody Agreements or Court Orders: Carefully review the existing custody agreements or court orders related to the child’s education. These documents may outline specific provisions regarding school district determination. Understanding the terms agreed upon or mandated by the court is crucial before initiating any changes.
Prioritize the Child’s Best Interest: Regardless of the custody battle, prioritize the child’s best interest. Courts typically make decisions based on factors such as proximity to the child’s current residence, quality of education, stability, and continuity. Consider these factors when evaluating different school districts.
Assess School Districts: Research and assess the school districts in question. Look into academic performance, extracurricular activities, special education programs, and other relevant aspects. Consider the child’s specific needs, such as language support, special education services, or specific extracurricular interests.
Communicate and Seek Mediation: Open communication with the other parent is essential. Try to reach a consensus regarding the school district, keeping the child’s best interest in mind. If direct communication fails, consider involving a mediator to facilitate discussions and find a mutually acceptable solution.
Obtain Expert Opinions: In complex custody battles, it might be beneficial to seek expert opinions. Educational consultants or child psychologists can provide valuable insights into the child’s educational and emotional well-being. Their professional input can help courts make informed decisions.
Gather Supporting Documentation: Collect relevant documentation to support your case. This may include school records, academic reports, extracurricular involvement, and any other evidence demonstrating the child’s current educational environment and potential for success in a particular school district.
Present Your Case in Court: If an agreement cannot be reached, prepare to present your case in court. Provide clear, concise, and well-organized arguments supported by evidence. Highlight the child’s best interest, emphasizing how the chosen school district will provide the necessary resources for their education and overall development.

Determining the school district for a child during custody battles can be a challenging process. By understanding the legal framework, prioritizing the child’s best interest, conducting thorough research, and engaging in open communication, parents can increase their chances of finding a resolution that benefits their child’s education and well-being. While the process may be emotionally taxing, keeping the child’s needs at the forefront will help guide parents toward a successful outcome.

When it comes down to it, the determining factor will be what is in the best interest of the child. That means giving the child the best education available.

It’s always wise to speak with a family law attorney that can help guide you through the process of determining school placements.

Are you single? Estate Planning is Vital.

Divorce/Dissolution, Probate & Estate, Wills

You may not think much about estate planning if you’re single, but you should. If you don’t have a spouse or close relatives, who will you leave your estate to? A close friend? A charity?

Additionally, you should specify who will make healthcare and financial decisions for you if you can’t make them for yourself. These documents are called Financial & Healthcare Power of Attorneys.

True story (names changed): a young woman graduates from a renowned Veterinary School fulfilling a lifelong passion for animals. At 32 years old, she enters a hospital for a suspicious heart condition. She dies. She is an only child. Her grieving parents grow apart and divorce. Her mother, now single, establishes a trust that, upon the mother’s death, will fund a scholarship program for underprivileged veterinary students in her daughters name at the Veterinary School.

If you die without a will, the State will locate your closest relative so that he or she can receive all of the proceeds of your estate. That may not be what you want. Here is the beneficiary seniority should you die without declarations (Will or Trust):

Spouse
Children
Grandchildren
Parents
Siblings
Nieces/Nephews
Grandparents
Aunts/Uncles
Children of a deceased spouse
Any relatives of a deceased spouse
Your state of legal residence

You may have other intentions; a close friend, a charity or organization, scholarship or educational institution, a step-child, a trust to care for a minor or a pet, or maybe a business partner.

Do I really need a Will if I’m single?

If you have a positive net worth, the answer is yes. It’s normal to choose people who mean something to you and who can benefit from your estate after you pass away.

If you prefer, there are various trusts you can set up, some of which are especially good at transferring money to charities.

Incapacity Planning for Singles

You may not have named a health care representative or indicated your wishes in a medical power of attorney or a health care directive. Without these, you’ll have no control over who will represent you if you become temporarily or permanently incapacitated.

Someone will be making these decisions regarding your physical health. So, if the state can’t find a family member to represent you, everyone will be looking for an heir to act on your behalf. Thus, someone who may not know you will be making decisions about whether you will receive artificial sustenance or will become an organ donor.

A close friend, a professional representative, a lawyer or even a family doctor can be chosen to represent you. You need someone who you would feel comfortable with making decisions on your behalf. If you have strong feelings about resuscitation or other procedures, you need to make these known so your wishes are followed.

Inheritance of Your Business

If you’re a business owner, you’ll want to consider who will inherit your business and determine what restrictions (if any) you would like to put on your beneficiaries. If you’re an entrepreneur with no spouse or children, if you’re widowed or divorced, estate planning can be a little more difficult. Ask yourself, do you want your shares to be left to a business partner or another loved one, or held in trust for a minor?

You are protecting yourself and your preferences with your estate plan, using it as a tool to help you protect your loved ones and the things that are important to you.

Contact Estate Planning Attorney Chuck Bendig today.

Grandparent custody rights; What you need to know.

Child Custody, Divorce/Dissolution

When the parents of a child divorce, sometimes one of the parents tries to keep the grandchild or children away from their former spouse’s parents. In other words, the mother may keep the children away from the paternal grandparents or vice versa.

What is in the best interest of the child is always the underlying consideration the Ohio courts take into account when making decisions about the rights of grandparents. Ohio provides statutory support for grandparents’ legal rights, but it’s not all-inclusive. “Best interest” decisions begin with the language of the court order or mediation agreement and apply to all visitation and custody rights decisions.

The 11 Factors that apply to all visitation and custody rights in Ohio are:

The wishes and concerns of the child’s parents
The child’s age
The child’s adjustment to home, school, and community
The prior interaction and interrelationships of the child with parents and other relatives
The location of the grandparent’s residence and the distance from the child’s residence;
The childs’ and parents’ available time
The wishes of the child (if the court has interviewed the child)
The health and safety of the child
The amount of time that a child has available to spend with siblings
The mental and physical health of all parties
Whether the person seeking visitation has been convicted of or plead guilty to any criminal offense involving an act that resulted in a child being abused or neglected.

If a grandparent is denied visitation, a court is under no obligation to tell the grandparents why the visitation was denied. However, the judge might issue a written order explaining the decision. If there is no such written order, any party can ask the judge for an explanation. This is called a “finding of fact and conclusion of law.”

Grandparent custody right FAQs

If my son/daughter is divorced or going through a divorce, do I have visitation rights to see my grandchild?
Ohio law provides a grandparent with certain visitation rights with their grandchildren. A grandparent can file a motion with the court in a divorce, dissolution, legal separation or annulment for grandparent visitation rights. After hearing, the court will grant grandparents their own individual visitation rights involving a child if the person has an interest in the welfare of the child and if the court determines that the granting of the companionship for visitation rights is in the best interest of the child.

If my son/daughter is deceased, do I have visitation rights to see my grandchild?
The short answer is yes. Grandparents of a deceased parent can receive visitation rights. Ohio law states that if either the father or mother of an unmarried child is deceased the grandparents have the right to ask for visitation. The court will decide if it’s in the best interest of the child.

What if the parents of my grandchild were never married?
Yes, Ohio law provides visitation rights to a grandparent when the child’s mother is unmarried. The law says if a child is born to an unmarried woman, the grandparents have a right to request visitation rights. This includes both the biological father’s parents and mother’s parents. The court will determine what is in the best interest of the child with respect to any request.

What can be done if my grandchild is removed from the jurisdiction?
Any visitation request needs to be made in the Ohio County where the child lives. The only exception would be if a case had already been initiated in another county, then that county would retain jurisdiction.

What if my grandchild does not want to visit me?
It is up to the court to make a determination on this issue.

Do I have any financial liability if my grandchild visits me?
No. Child support is strictly between the biological parents.

If my grandchild is injured during a visit with me, can I get medical care for them during that visit?
Yes. If there is a court order allowing visitation and should the child need emergency medical care while under the care of a grandparent, they would be allowed to obtain medical treatment for the child while in their care.

Can I obtain legal custody of my grandchild?
It depends. In certain circumstances, Ohio law does allow a grandparent to obtain legal custody.
The court would need to determine the biological parents to be unfit.
The definition of unfit in Ohio generally means habitual drunkenness, habitual drug abuse, abandonment and other such issues that would again require the court to make a finding of unfitness.

What if my grandchild doesn’t live in Ohio?
The state of the child’s residence is considered their “home state”, and that state would have jurisdiction as to whether or not visitation rights would be granted. Each state has different laws as pertains to visitation rights and the state with jurisdiction would need to be contacted in order to ascertain what if any rights the grandparent has in that particular state.

What if my grandchild already lives with me?
The law provides a solution for the situation where a child is living with the grandparent and the parents of the child can’t be found. Although, this is only a temporary solution and is not the same as legal custody, it does allow a grandparent to do what’s necessary for the child such as, enrolling the child in school, taking the child to the doctor, etc.

The law states that if a child is living with a grandparent who has made reasonable attempts to locate and contact both of the child’s parents, guardians, or custodians but has been unable to do so, the grandparent may then obtain the authority to exercise care and physical custody by executing a caretaker authorization affidavit.

The more common scenario is when grandparents are raising their grandchild or grandchildren with the knowledge and consent of the biological parents. Ohio law provides that in certain circumstances a parent may give a grandparent a Power of Attorney to enroll the child in school, care for the child’s medical needs, etc. This is similar to the caretaker affidavit, however, the parent is present and willing to execute a power of attorney.

Furthermore, the affidavit must be executed by both parents if they’re married and living together, if the child is subject to a shared parenting order or if the child is subject to a custody order.

Contact us to discuss your rights as a grandparent.

For over 38 years, we have successfully represented clients in child custody and visitation matters. These cases are often emotional and profoundly consequential to our clients and the children. We ensure that you know the strengths and weaknesses of your case so you can make the best decisions for your family.

In the Columbus Ohio area, call us to discuss your unique challenges. (614) 878-7777

You’ve been served Divorce papers…now what?

Divorce/Dissolution

Sometimes divorce is filed after years of separation and is well anticipated. In other cases, it can come as a complete surprise to the person receiving paperwork. After receiving divorce papers, you must take immediate action to protect your legal rights and future.

1. Read the Papers

It’s important that you carefully read over the divorce papers, as they may contain a wealth of information, such as the court where the action was filed. This can be helpful information to know if you and your spouse have been estranged and the divorce is being filed in another state. The divorce papers should also list a deadline by which a response must be provided. Additionally, they will indicate whether your spouse is filing the paperwork on their own if they have retained an attorney.

Additionally, the divorce papers may allege the grounds for divorce, as well as requests by the moving party, including information about child support, spousal support, division of property, child custody and other issues related to the children.

2. Provide a Response

The divorce papers should indicate the number of days that you have to respond to the complaint or petition for divorce. This is usually 28 days, starting from the date when you were actually served with the divorce papers. However, you should be certain on this information. If you allow the deadline pass without responding, your spouse can potentially receive everything they requested in the divorce paperwork. Probably not ideal for you.

Normally, a person will provide a response through his or her attorney. However, if you cannot come up with the funds necessary to retain an attorney, you may have to provide a response on your own. Otherwise, you can forfeit your rights and legal arguments.

3. Hire an Attorney

Divorce can have a dramatic effect on a person’s life, so it’s important to retain legal counsel if at all possible. Even if you receive the paperwork and believe you’re in agreement with the divorce and allegations, a divorce attorney can review the documents and inform you of your legal rights and options. If the case later becomes contested, you’ll have someone who can advocate for your rights.

It’s especially important for you to retain an attorney if your spouse already has.

4. Gather Documents

If your spouse has already contacted a lawyer, they will likely ask you to bring in certain documents when you arrive at the initial hearing or later such as tax records, bank statements, retirement information, payroll information, and other financial information.

5. Protect Your Assets

You should also discuss how you can protect your assets. Some jurisdictions immediately call for all assets to be frozen once a divorce petition is filed with the court.

If your income is directly deposited to a joint account, you should consider setting up a separate bank account and re-routing the funds to this account. You should also pull your credit report to check your financial wellbeing and to see if any recent debt has been taken on of which you weren’t aware.

6. Protect Communications

It’s also extremely important to have your mail rerouted to maintain privacy from your spouse during divorce proceedings. Lawyers may send letters with strategic plans, and this information shouldn’t be revealed to your spouse. A post office box can help protect privacy and confidential communications.

Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

4 Mistakes to Avoid During a Custody Battle

Child Custody, Divorce/Dissolution

Navigating a custody battle is one of the most challenging experiences for any parent. Every action—or misstep—can influence the court’s decision about your child’s future. Parents going through this process often ask questions like “What mistakes should I avoid during a custody battle?” and “What do judges look for in these cases?”

To help, here’s a breakdown of key errors to avoid and tips to strengthen your case.

1. Avoid Getting Arrested or Abusing Substances

One of the biggest concerns parents have is how issues like arrests or substance use could impact their custody case. The truth? These are major red flags for courts.

Arrests: Even without a conviction, being arrested—especially for violent crimes, DUIs, or drug possession—can severely damage your credibility as a parent. If the child was present, the consequences are even more severe.
Substance Use: Judges scrutinize any signs of drug or alcohol abuse, as it raises questions about your ability to provide a safe environment.

What Judges Look For: Evidence that you are a stable, responsible parent. For example, attending rehabilitation or therapy programs can demonstrate commitment to change.

2. Follow All Court Orders

Ignoring court orders is a common mistake that can hurt your case. Many parents ask, “What happens if I violate temporary custody orders?”

Temporary orders are legally binding and dictate everything from parenting time to decision-making rights.
Disobeying these orders—like not returning your child on time or moving without permission—can make you seem disrespectful of the court’s authority.

Pro Tip: Always adhere strictly to court orders. If a change is necessary, work through the legal system to request modifications.

3. Avoid Social Media Missteps

“Can social media affect my custody case?” The short answer is yes, and significantly.

Posts, selfies, or messages can be used as evidence against you. Even an innocent photo or status update can be twisted to suggest irresponsible behavior.
Venting about your ex-partner, the judge, or the case itself can paint you in a negative light.

Golden Rule: If you wouldn’t want a judge to see it in court, don’t post it. Better yet, avoid social media entirely during your custody case.

4. Refuse to Co-Parent or Be Unreasonable

One of the most common questions during custody disputes is “What do judges look for in co-parenting arrangements?”

Judges favor parents who demonstrate cooperation and prioritize their child’s well-being. Refusing to communicate or co-parent sends a message that you’re unwilling to work toward your child’s best interests.

What Not to Do:

Badmouthing the other parent to your child or in court.
Blocking the other parent’s access to the child without valid safety concerns.
Failing to collaborate on decisions about the child’s education, health, or activities.

What to Do Instead: Show you can work with your co-parent, even under challenging circumstances. Courts value stability and effective communication.

FAQs About Custody Battles

1. What evidence can help me win a custody case?
Documentation is key:

Keep records of parenting schedules, communication with the other parent, and receipts for child-related expenses.
Present organized, credible evidence to show you’re the best fit for custody.

2. Can drug use or past mistakes be overcome?
Yes, but you must show progress. Judges consider rehabilitation efforts and whether substance use impacts parenting ability.

3. Is it better to settle or go to trial?
Whenever possible, settle disputes outside court. Judges appreciate parents who can negotiate and co-parent effectively.

Final Thoughts: Be Strategic and Stay Focused

Custody battles are emotionally and legally complex, but avoiding these common mistakes can help protect your rights. Judges prioritize the child’s best interests, so focus on stability, cooperation, and following the court’s guidelines.

If you’re navigating a custody battle, seeking professional legal guidance is essential. Contact an experienced family law attorney to help build your case and secure the best possible outcome for you and your child.