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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 A CHILD DETERMINE WHICH PARENT THE CHILD WILL RESIDE?

LEGAL NEWS YOU CAN USE FROM THE DESK OF MICHAEL S. BAILEY, ATTORNEY-AT-LAW.

If you have questions, call me at (513) 631-0022.

We are often asked at what age a child can determine which parent the child shall live in situations where the child’s parents no longer live together.

There is a misconception that once a child becomes the age of 14 (or some similar age) that the child can decide where he or she shall live. This is not correct.

Ohio law provides that the wishes of the child are to be considered by the Domestic Relations Court or the Juvenile Court when making a parenting order for the child, however, the child's wishes are not determinative.

There are approximately ten (10) different factors that a Court must consider in determining which parent the child shall reside. The wishes of the child are one of the factors the Court must consider, but the child’s wishes are not controlling.

Legally, the child can make decisions for himself or herself solely upon attaining the age of 18, when they become an adult.

This insight into the law is provided by Michael S. Bailey, Esq. of the law firm of Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills. Phone: (513) 631-0022.

 

Child Determines Residency

FORMER SPOUSE NOT COMPLYING WITH A COURT ORDER?

LEGAL NEWS YOU CAN USE FROM THE DESK OF MICHAEL S. BAILEY, ATTORNEY-AT-LAW.

If you have questions, call me at (513) 631-0022.

Do you have a court order from a divorce or dissolution of marriage? Is your former spouse not complying with the order in terms of payment of child support, parenting time with the children, payment of debts, etc.? Did you know you can return to court and have the issues addressed?

The typical procedure is by filing a motion for contempt against your former spouse, and requesting the court to address the issue. If you are successful, the court will also order your former spouse to pay your attorney fees and expenses in bringing the motion.

We typically try first to resolve the issue with the former spouse prior to seeking court intervention. Doing so helps to alleviate the time and expense typically associated with addressing the issue in court.

This insight into the law is provided by Michael S. Bailey, Esq. of the law firm of Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills. Phone: (513) 631-0022.

 

Motion for Contempt A

 

Today is “Be Kind to Lawyers Day”.

Lawyers are essential to the workings of society and the justice system. “Be Kind to Lawyers Day” encourages people to be kind to all those who practice law and make sure that the legal system in this county works smoothly. Even though the legal profession is one of the oldest professions, lawyers have been subject of jokes and are viewed as a necessary evil by the public.

“Be Kind to Lawyers Day” attempts to dispel this myth and raises awareness about the constructive and important role lawyers play in ensuring that a society functions smoothly. It always helps to have a lawyer on your side!

Provided by the attorneys at Bailey & Gunderson Co., L.P.A., with offices in Norwood, Western Hills and Anderson Township. Phone: (513) 631-0022.

 

Be Kind to Lawyers

LEGAL NEWS YOU CAN USE FROM THE DESK OF MICHAEL S. BAILEY, ATTORNEY-AT-LAW.

If you have questions, call me at (513) 631-0022.

Did you know that you are allowed to keep assets in a Chapter 7 or Chapter 13 bankruptcy?

Ohio has recently enacted new exemption laws. These new exemption laws have application in Chapter 7 and Chapter 13 bankruptcies. Under the exemption laws, you are entitled to retain up to certain limits of the value of your assets in a bankruptcy.

For example, you are allowed to retain up to $145,425.00 per person of equity in real estate, and $4,000.00 per person of equity in automobiles. You are also entitled to retain 100% of the value of your retirement plans, such as pensions, 401k’s, IRA’s, etc.

This insight into the law is provided by Michael S. Bailey, Esq. of the law firm of Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills. Phone: (513) 631-0022.

 

What Property Can I Keep In Bankruptcy

VISITATION ISSUES

LEGAL NEWS YOU CAN USE FROM THE DESK OF MICHAEL S. BAILEY, ATTORNEY-AT-LAW.

One of the most difficult questions presented to a family law attorney from a client is the question whether a child must have parenting time with the other parent when the minor child has expressed his or her desire not to do so. This question arises frequently during the holidays.

A parent should always follow the current order of the court unless an extreme situation exists such as a situation concerning the safety of the child.

If the facts warrant, a parent may seek a modification of the parenting order to address this issue. A parent seeking modification of the parenting order may have to retain an expert, such as a child psychologist, to support their request for modification of the parenting order. Alternative methods of resolution may include mediation or settlement conferences.

Since this is a very complicated issue, you should consult with an experienced attorney for an evaluation and advice on how to proceed concerning the modification of a parenting order.

If you have questions, call me at (513) 631-0022.

This insight into the law is provided by Michael S. Bailey, Esq. of the law firm of Bailey & Gunderson Co., L.P.A., with offices in Norwood and Western Hills. Phone: (513) 631-0022.

 

Visitation Problems