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Columbus Divorce Law Blog

Man's reproductive rights appeal dies in Ohio Supreme Court

When you think of father's rights the first thing that may come to mind are issues of child visitation or parenting time. The second thing that might surface are questions about child support, in terms of both setting appropriate levels and then making sure that those obligations are being consistently met.

But the scope of what can be covered by the umbrella of fathers' rights has the potential of being much broader than that. As we wrote in a blog post last June, there might be circumstances in which the term could apply to a man's reproductive rights. 

Options for divorce may exist despite Ohio ban on gay marriage

The issue of how to apply family law to same-sex a relationship is one that Ohio has not yet fully come to terms with yet. As most everyone likely knows, the state constitution bans marriages that are not between a man and a woman -- though court challenges in the works might see that changed.

At the same time, the last few years have revealed situations in which some judges in the state have seen their way clear to grant divorces to same-sex couples who were married in states where such unions are legal. 

What possible defenses exist for an Ohio drunk driving charge?

There was a time when drunk driving was considered little more than a nuisance. The issue has come to be regarded with a lot more concern these days. Every state, including Ohio, has adopted a number of common standards.

These include the .08 percent blood alcohol level as the threshold at which a person can be presumed to be operating a vehicle under the influence, and the notion of implied consent. That means that if you get behind the wheel of a motor vehicle, the presumption is that you have already said yes to an officer's request that you submit to a chemical test to take your blood alcohol content level.


Ohio Rx drug turn-in day yields more than 10 tons of pills

The issue of overuse and abuse of narcotic prescription pain killers is one that has garnered significant attention in recent years. According to the Ohio Department of Health the mortality rate due to painkiller overdoses was so high that in 2011, one person died every five hours.

The nature of the problem is so troubling that the state has been fighting back in a number of different ways. Laws have been passed aimed at curbing trafficking and possession and police are diligent in the enforcement of those laws. Many times, the defendants in such cases are average people who have been drawn into making bad decisions after getting hooked on the drugs themselves. 

Overdue child support bills now shadow big Ohio casino winners

The gambling industry is described by some as being rather young in Ohio. But a new legislative measure we wrote about recently suggests the business is coming of age. What that is expected to mean, according to the state's Department of Job and Family Services, is that some child support payments currently past due will be fulfilled.

At the time we published the article, the bill hadn't cleared all the legislative hurdles, but it has since. And as of last month, Ohio's four casinos joined other gambling enterprises in participating in the Department of Job and Family Services' "intercept program." 

Ohio drug paraphernalia charges nothing to scoff at

The flow of public opinion in the U.S. seems to be in the direction of at least decriminalizing, if not legalizing, marijuana. As of right now, some 20 states and the District of Columbia have laws on the books allowing the use marijuana for medical reasons. Two states have even legalized the recreational use of the drug.

Ohio and West Virginia are not included on either of those lists. As the Marijuana Policy Project reports, there are attempts being made in both states to open the door to medical marijuana use, but they have not yet passed. What that means is that the full weight of the law can be applied by authorities and it often is. 

Could I be convicted of domestic violence if I spank my child?

The quick answer to that question is, maybe. It depends on the specific circumstances of the case that prosecutors are looking to make and on the legal defense that is mounted on your behalf.

The potential consequences of a charge of domestic violence are far reaching. And they are not necessarily limited to the aspects of the sentence that could be handed down by the court if a jury finds you guilty. All you have to do is look at the cases of professional football players Ray Rice and Adrian Peterson to know that the fall out can begin well before any evidence is ever presented at trial. 

Optimal outcome on drug crime charge depends on knowing options

Most people prescribed powerful pain medications take them as directed and give them up without difficulty when the need for them subsides. But a small minority of individuals winds up getting hooked.

Addiction to prescription medications isn't a condition someone chooses. To suggest that it is would be to also suggest that those who fall prey to the problem have chosen to distance themselves from friends and family, give up on their jobs, and in some cases, opt for a life of petty crime to support their habit. 

Diversion as seen in Rice domestic violence case rare in Ohio

Domestic violence is an awful reality of our time. That's perhaps one reason why victims of such abuse enjoy strong legal protection under Ohio law. But in our system, where the right of the individual to be presumed innocent until proven guilty is enshrined in the Constitution, it is equally true that those charged with domestic violence deserve as robust a legal defense as can be mustered.

Every state approaches the prosecution of domestic violence in different ways. Take for example the case of NFL star Ray Rice. We suspect there are few readers who are unfamiliar with the matter. 

What does an Ohio divorced parent have to do to relocate?

We are a mobile society. It's easier to pick up and move today than it has ever been. The distance of the move is not restricted. With all the means of transportation available, it's easy to move to the other side of the world if that's needed or desired. And it doesn't necessarily require a lot of planning. Go to the airport. Buy a ticket. Wave goodbye.

The biggest limitations to such activities may well come down to family ties. In the case of families of divorce in Ohio and West Virginia the durability of those ties may be based largely in the shared parenting plan that has been put in place by court order. If one parent or the other does anything to violate the terms of the plan, the legal ramifications can be huge. 

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