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Columbus Divorce Law Blog

Actress Kelly Rutherford faces tough child custody situation

Any child custody situation can be difficult, but cases involving questionable jurisdiction between states or countries can be especially challenging as the story involving actress Kelly Rutherford and her two children shows. Ohio residents may recall that the actress had a joint custody arrangement with her former husband Daniel Giersch that became complicated when his visa was revoked in 2012.

A California judge ruled at the time that the children should be sent to live with their father in Monaco so that they could reside in one location. After trying to bring the children back to the U.S. since the first ruling, a Los Angeles judge recently told Rutherford that California no longer has jurisdiction in the case. The judge's reasoning was that the children do not have a strong connection to the state since they have spent little time there in more than two years.

Alimony modification based on retirement

Alimony is sometimes awarded in a divorce proceeding when one spouse earns significantly more income than the other one. Income may change over time, in which case the person paying alimony may petition for a modification in payments. One common reason for this is retirement. An Ohio court may look at several factors in determining whether to grant a modification.

A court may consider the reasonable expectations of the parties regarding retirement and whether or not the person ordered to pay alimony was planning to retire at a particular age at the time alimony was ordered. A court may also look at a person's reasons for retiring and whether it was mandatory or voluntary. The court may consider whether the retirement occurred earlier than planned at a previous time. Courts will consider the paying party's ability to pay alimony after retirement and whether or not the party receiving alimony has the ability to support themselves if the alimony payments are decreased or terminated.

Judges may choose an alternative to jail for many offenders

Criminal judges in Ohio have a number of options available to them when a custodial sentence seems inappropriate or excessive. Judges may consider the type of offense involved as well as the previous record of the defendant. The age of the defendant and the impact that the crime had on the victims will also be taken into consideration before a judge decides on the appropriate sanctions.

Defendants who have no prior criminal record or are accused of less serious crimes may receive a suspended sentence. A judge may decide not to hand down a sentence, or the judge may hand the sentence down but order that it not be carried out. However, suspended sentences are often conditional on defendants staying out of trouble or attending drug or alcohol counseling. Probation is similar to a suspended sentence, and offenders on probation may face more severe punishment if they do not abide by strict terms established during their sentencing.

Routine traffic stop in Ohio results in multiple drug charges

A man and a woman each received multiple drug charges for possession of marijuana, LSD, hash and heroin after being pulled over by the Campbell Police Department. The traffic stop took place on Wilson Avenue while an officer conducted a routine patrol of the neighborhood. The officer said that he initiated the stop because the registration sticker on the license plate was not fully visible.

According to the police officer's report, he told the man and woman occupying the vehicle to get out after he smelled marijuana. A search of the car produced a glass jar that appeared to contain narcotics. The jar had been located in the trunk. The police department confirmed the arrest of the individuals and stated that they were being held without bond. Authorities applied additional citations to the male driver, who was driving without a license and driving while under a suspension.

Father seeks custody of children jailed for refusing visits

A Michigan judge recently ordered three children to spend time in juvenile detention due to their refusal to spend time with their father. This is not a common practice in Ohio or in any other state, so the judge's decision was a surprise to many. The father of the three children is now fighting for custody, sources say.

The man claims that the mother of the children, who has been the custodial parent, has been a "constant roadblock" regarding his relationship with the children. The father is now alleging that she is an unfit parent based on her alleged mental health problems.

Federal jury acquits Ohio man who faced heroin charges

A 23-year-old Shaker Heights man was found not guilty by a federal jury in July after being charged with selling heroin as part of a vast drug ring. The man had been convicted in the past for various drug crimes as well as tampering with evidence. He still faces weapons charges in another case pending in the Cuyahoga County Common Pleas Court.

In November 2012, the man was arrested for selling an ounce of the drug to a law enforcement officer working undercover. The trial lasted three days before the jury found him not guilty. This man was one of 92 people under indictment on state and federal charges from 2013. The investigation of heroin trafficking had taken several years and was overseen by the FBI. It extended from Illinois to Georgia to Ohio.

20 named in 51-count indictment on drug and other charges

According to law enforcement officials, 20 people have been indicted for participating in a conspiracy to transport cocaine and heroin to Akron and distribute it in northeast Ohio. The alleged participants are between the ages of 24 and 60. Prior to the indictment, an investigation was conducted through a collaboration of law enforcement officials across towns and cities, along with the FBI and DEA. Authorities reported the seizure of crack cocaine, cocaine, heroin, a Kevlar vest, six firearms, ammunition and cash. Their investigation concluded that a 60-year-old man obtained cocaine and heroin from two women aged 29 and 30 as well as other other individuals in 2010. Then, authorities say that the man gave the drugs to other indicted people to distribute.

The man is facing charges for possession of heroin with intent to distribute, possession of cocaine with intent to distribute and being a felon with a gun and ammunition. The charges against the two women who allegedly supplied him with the drugs are unclear. However, the indictment includes charges of conspiracy to possess heroin and cocaine with intent to distribute as well as distribution of heroin and cocaine. There is also a charge involving the use of a telecommunications facility to assist with drug trafficking.

What are your options for defending a DUI charge?

Drunk driving convictions carry stiff penalties in Ohio. You could lose your license, be subjected to fines and possibly go to jail depending on the circumstances of your case. Because any of these consequences could have a major impact on your life, you may be wondering how to avoid them.

There are several ways to challenge a drunk driving charge. While approach you take should be determined based on your unique situation and under the guidance of your attorney, today we will give you an overview of some of the most common defenses for DUI.

Kardashian and Disick split highlights child custody issues

Reality tv fans in Ohio and around the country have probably heard that Kourtney Kardashian and her longtime partner Scott Disick are splitting up. They are not the only ones following their break up, as those in the legal world are speculating about what might happen to the couple's three children.

When parents split up or divorce and cannot come to a child custody solution on their own, a judge may have to intervene. Some might think that Disick's well-documented habit of partying and history of substance abuse mean that he does not have a chance of gaining custody of his children, but some legal experts are not sure this is the case. This is because judges generally believe it is best if children have a relationship with both parents, so Disick may gain visitation or joint custody rights as long as a judge determines that he is a fit parent.

Jared Fogle under investigation for child pornography

Ohio residents might have heard that Jared Fogle, the famous Subway spokesperson who is reputed to have lost 250 pounds after fashioning a diet made out of sandwiches from the chain, is being investigated in connection with child pornography. In reaction to word of the investigation, Subway has cut ties with Mr. Fogle, at least until the investigation is over.

The agencies involved include the FBI and the Indiana State Police. Early in the morning on July 7, investigators from those agencies raided Mr. Fogle's Indiana home, emerging with electronics, computers and other items. Mr. Fogle was detained outside during the raid but was not placed under arrest.

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