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.

CAN I KEEP MY HOME IN A BANKRUPTCY?

We are often asked by clients if they are going to lose their home in a bankruptcy. We understand that clients are rightfully concerned about this issue as their home has many memories for clients and their children.

The answer is simply, “Yes, you can keep your home in a bankruptcy”. However, certain questions must be answered in the positive first

If you have a mortgage payment, are you current?

Do you have homeowner’s insurance for your home, and is your mortgage company listed as the “loss payee” on your homeowner’s insurance?

Do you have less than $182,625 for a single filer, or $365,250 for joint filers, of equity in your home? Equity is defined as the fair market value of your home minus the balance due for your mortgage?

Generally, a positive answer for those questions will result in you retaining your home.

But what if you are behind in your mortgage payments or have too much equity in your home, then not all is lost. You can still retain your home by filing a Chapter 13 bankruptcy.

If you have questions, please call the attorneys at Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills, at 513-631-0022.

Can I keep my home in a bankruptcy?

The answer is simply, “Yes, you can keep your home in a bankruptcy”. However, certain questions must be answered in the positive first

If you have a mortgage payment, are you current?

Do you have homeowner’s insurance for your home, and is your mortgage company listed as the “loss payee” on your homeowner’s insurance?

Generally, a positive answer for those questions will result in you retaining your home.

But what if you are behind in your mortgage payments or have too much equity in your home, then not all is lost. You can still retain your home by filing a Chapter 13 bankruptcy.

The answer is simply, “Yes, you can keep your home in a bankruptcy”. However, certain questions must be answered in the positive first

If you have a mortgage payment, are you current?

Do you have homeowner’s insurance for your home, and is your mortgage company listed as the “loss payee” on your homeowner’s insurance?

Generally, a positive answer for those questions will result in you retaining your home.

But what if you are behind in your mortgage payments or have too much equity in your home, then not all is lost. You can still retain your home by filing a Chapter 13 bankruptcy.

If you have questions, please call the attorneys at Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills, at 513-631-0022.

Real Estate Bankruptcy A

: B&G Law; 09 July 2025; 09 July 2025

TRYING TO MODIFY A CUSTODY ORDER?

Modification of custody orders is difficult, but not impossible. The law sets a high hurdle to jump over to modify a custody order. First, you have to show that there is a change in the circumstances of the custodial parent or legal custodian, or of the child. Second, the modification of the custody order must be in the best interest of the child.

So, what type of evidence do you need to present to the Court if you are seeking to modify a custody order? Common evidence includes, but is not limited to the following:
• A report that shows actual parenting time compared to scheduled parenting time.
• A custody journal with notes about problems as they have occurred.
• Records showing that police or the court had to enforce custody orders.
• Documents demonstrating a parent's new work schedule or move.
• Statements from doctors, teachers, caregivers and other witnesses.
• Medical, school, work, criminal and other official records.
• Photos, emails, texts, social media posts and other unofficial records.

Courts are reluctant to modify custody orders. If you are seeking to modify a custody order, it is possible that you may have only one chance to do so. You should consult with an attorney. You do not want to run the risk of losing and significantly reducing your chances of modifying the custody order in the future.

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.

Custody Modification

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

OHIO LIVING WILL.

Have you considered stating in writing your end-of-life wishes for your final medical care and treatment? If so, a living will is what you need.

A living will states your intent that under certain circumstances, you wish for medical procedures to be withheld or withdrawn, and that you wish to be permitted to die naturally with only medication and procedures necessary for comfort.

A living will can help take the burden off of your family members if they have to make a difficult end-of-life decision.

This insight into the law is provided by the attorneys at Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills. Phone: 513-631-0022.

Living Will

: B&G Law; 18 May 2025; 18 May 2025

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