Custody Disputes: What to Expect
The most important decision that you can make when facing a bitter and prolonged custody dispute is the advice of an experienced and thoughtful attorney. Your attorney can help you by:
- helping you understand the legal system and the divorce process;
- helping you focus on your long-term and short-term goals;
- helping you prepare for and deal with the typical frustrations of divorce;
- helping you appreciate the whole picture as well as the immediate issues;
- providing context and a framework for analyzing offers and tactics;
- helping you think of what you want your post-divorce life to look like; and
- being your trusted and caring advisor.
Ohio Revised Code 3109.04 is the primary statute controlling custody determinations. Assuming that you are engaged in a custody dispute, the divorce court may order an investigation to determine the character, familial relations, financial situation, earning potential, past conduct and allegations of abuse or neglect. If it feels that it would be appropriate, or upon motion of either attorney, the court may order either or both parties and any minor children to participate in a medical, psychological or psychiatric examination. Through your attorney, the report of the investigation and/or examination will be made available to either party and their counsel. The investigator, doctor or counselor will be subject to cross-examination by your attorney if the case proceeds to hearing. Typically, the costs of compiling the reports will be taxed as costs.
A court may also appoint a guardian ad litem. The role of a guardian ad litem (hereinafter a GAL) is more specialized than that of a “regular” guardian. A GAL is specifically responsible for protecting the interests of a minor child who is in some way involved in a lawsuit. In March 2009, Ohio Superintendence Rule 48 became effective. This rule governs guardian ad litem standards in Ohio. All GALs must now have training specific to their role in representing a child’s best interests. The Supreme Court of Ohio provides this training, which includes instruction in matters such as interviewing children, identifying domestic violence and dealing with substance abuse.
According to Supreme Court of Ohio standards and Ohio law, GALs must do the following:
- Represent the best interest of the child.
- Maintain independence, objectivity and fairness.
- Act with respect and courtesy to the parties.
- Appear and participate in all hearings and at “in camera” interviews between the judge or magistrate and the child.
- Ask the court, in writing, to resolve conflicts by entering appropriate orders. Request psychological, mental health or substance abuse assessments regarding the parties.
- Avoid any actual or apparent conflict of interest that may arise from any relationship or activity.
- Make reasonable efforts to become informed about the facts of the case by:
• meeting with and interviewing the child and observing the child with each parent, foster parent, guardian or physical custodian and conducting at least one interview with the child where none of these individuals is present;
• visiting the child at his or her residence in accordance with any court-established standards;
• ascertaining the child’s wishes;
• meeting with and interviewing the parties, foster parents and other individuals who may have relevant knowledge of the case’s issues;
• reviewing pleadings and other relevant court documents; reviewing criminal, civil, educational and administrative records pertaining to the child and, if appropriate, to the child’s family or to other parties.
• interviewing school personnel, medical and mental health providers, child protective services workers and relevant court personnel, and obtaining copies of relevant records.
8. Provide the court with a written report of the activities listed above.
Jamie L. Anderson dedicates her practice to representing families through the changes of a divorce or dissolution. She has made herself one of Greene County’s most prominent matrimonial attorneys and will use her experience to secure your family, your finances and your future. Jamie practice matrimonial law throughout the Miami Valley in the Greene, Montgomery, Clark, Miami,Warren, Fayette Domestic Relations and Juvenile Courts. Contact Jamie L. Anderson at (937) 879-9542 or visit www.OhioDivorceAttorney.com to learn more.
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