Baily & Gunderson

Various Blogs regarding Cincinnati Family Law, Estate Planning And Bankruptcy.

At Bailey & Gunderson, our attorneys help people going through some of life's most difficult challenges. We bring our experience, skill and creativity to every case, taking on all types of Family Law including Divorce, Bankruptcy, Probate and Estate Planning issues. Learning that most people ask the same questions - this blog is our way of providing some general legal information. Feel free to contact our Cincinnati Law Offices to discuss your specific situation.

MODIFYING CHILD CUSTODY - WHEN AND HOW?

A Court can only make changes to a child custody order if you can show that:

1. There has been a “change in circumstances” since the last custody order. There has to have been a change in the custodial parent or child’s life that has a direct, harmful impact on the child.
2. Because of the “change in circumstances,” it is now in the child’s “best interest" that the custodial parent be changed. Questions the Court uses to understand the child's best interest are:
a. Have the child’s wishes (if they are old enough) and relationships with parents, siblings and other family members been taken into account?
b. Will the plan disrupt the child’s school life or involvement with their community?
c. Are the parents mentally and physically healthy?
d. Does either parent or member of their household have a criminal past?
e. Is each parent committed to the plan, at least for now?
f. Does either parent live outside of the state or have any plans to move?
g. How will the child be supported financially?
• The move from one parent’s custody to the other has to cause more good than harm to the child.
3. If the Court has already considered an issue, and there hasn’t been a meaningful change since the last order, it cannot be considered again.

For further questions regarding this topic, please call the attorneys at Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills, at 513-631-0022.

Child Custody C

: B&G Law; 27 April 2025; 27 April 2025

CHILD CUSTODY DISPUTE MISTAKES MADE BY PARENTS.

Some of the biggest mistakes made by parents in a custody dispute include:

a) Badmouthing the other parent. This can harm your chances of winning custody and can pressure children to take sides.
b) Withholding access to the other parent. Courts prioritize consistent parental access and cooperation.
c) Disobeying court orders. This can lead to negative consequences for your case.
d) Failing to cooperate with other parent and the court. Lack of cooperation can damage your case.
e) Misrepresenting substance or physical abuse. Falsifying claims about the other parent can lead to serious legal consequences.
f) Manipulating children. Forcing children to choose sides or manipulating their views against the other parent is discouraged.
g) Inadequate social media behavior. Posting things online that could be used against you in court can hurt your case.
h) Not prioritizing the child's emotional health. The child's emotional health is essential for their well-being. The child is most important, not the parents.

For further questions regarding this topic, please call the attorneys at Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills, at 513-631-0022.

Child Custody A

: B&G Law; 13 March 2025; 13 March 2025

WHY HAVE A LAST WILL & TESTAMENT?

Did you know that a Last Will & Testament is an important estate planning tool? By having a Last Will & Testament:

a) You can designate to whom your probate assets shall be transferred after your death;
b) You can designate an executor of your estate;
c) You can designate a guardian for minor children under the age of 18 at your death; and
d) You designate a trustee to receive in trust a beneficiary's inheritance if the beneficiary is under a certain age that you can designate (for example, 21 years old).

A Last Will & Testament is a written statement of your wishes for the foregoing issues. Without a Last Will & Testament, Ohio law provides who shall receive your probate assets. In addition, the persons who are appointed by the Probate Court to serve as your executor, guardian and/or trustee may not be persons whom you wish to serve in those capacities.

For further questions regarding this topic, please call the attorneys at Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills, at 513-631-0022.

Will B

: B&G Law; 16 February 2025; 16 February 2025

A NEW YEAR'S RESOLUTION.

Make it your New Year's resolution to establish or modify your estate planning.

Do you need a Last Will & Testament or a Durable Power of Attorney?

If you have those documents, have you reviewed them lately? Are the persons you nominated in those documents correct and in the correct order? Are any modifications required?

Have you reviewed the beneficiary designations identified for your various assets?

Did you know that you can file with the County Recorder an affidavit for the transfer of your real estate after your death to those who may survive you without having to administer your real estate through the Probate Court?

Do you need a Living Trust? Do you know why a Living Trust is needed, or why it would be beneficial to your estate planning?

For further questions regarding this topic, please call the attorneys at Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills, at 513-631-0022.

New Year Resolution B

: B&G Law; 13 January 2025; 13 January 2025

WHAT IS SPOUSAL SUPPORT?

Spousal support is the current term for what used to be called alimony. Spousal support is an award granted by a domestic relations court in a dissolution of marriage or a divorce whereby one former spouse pays to the other former spouse a monthly obligation for the support and maintenance of the former spouse.

Courts will grant an award of spousal support if it is reasonable and appropriate, but only after the division of the assets and property between the spouses has been determined. By law, a court is to consider thirteen (13) specific factors, plus any other factors that the court considers relevant and equitable in making an award of spousal support. Some of the factors a court is to consider include the ages of the spouses, their earning abilities, their health, the length of the marriage, and the standard of living of the parties during the marriage.

Are you interested to find out more about spousal support? Please contact us at Bailey & Gunderson, Attorneys-at-Law, with offices in Norwood and Western Hills. 513-631-0022.

Spousal Support B