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Cincinnati Divorce Law Blog

Grandparent's Rights in Custody Battles

Grandparents may seek custody of their grandchild for several reasons. The court will usually consider two doctrines when making the decision as to the child's custody. The first consideration is the best interest of the child. The court will consider numerous factors when deciding what is in the best interest of the child. Each state may vary on what factors to consider. The second consideration is parental rights, which presumes the parents to be in the best interest of the child. The key word is presume, which means grandparents have the opportunity to overcome that presumption by demonstrating the parent/parents to be unfit.

Grandparent's Rights in Custody Battles

Grandparents may seek custody of their grandchild for several reasons. The court will usually consider two doctrines when making the decision as to the child's custody. The first consideration is the best interest of the child. The court will consider numerous factors when deciding what is in the best interest of the child. Each state may vary on what factors to consider. The second consideration is parental rights, which presumes the parents to be in the best interest of the child. The key word is presume, which means grandparents have the opportunity to overcome that presumption by demonstrating the parent/parents to be unfit.

Prenuptial Agreemnts

Prenuptial agreements help couples decide how assets should be divided and whether spousal support or maintenance will be provided in the event of a divorce. According to the Centers for Disease Control and Prevention, the number of people getting married is increasing, as well the number of people who enter into prenuptial agreements. Supporting this statistic, the American Academy of Matrimonial Lawyers conducted a survey and found that 63 percent of divorce attorneys in the past three years saw an increase of prenuptial agreements.

DUI AND THE MANY CONSEQUENCES

If you are convicted of a DUI (Driving Under the Influence), it can really affect your life in many ways. A DUI (now known in Ohio as OVI - Operating a Vehicle while Intoxicated) is very serious and can have many consequences. Some of the immediate consequences of being convicted of a DUI are jail time, having your driver's license suspended, points on your license, heavy fines and court costs, and even impounding of your vehicle. But, it does not end there.

Wrongful Death Cases

It is very difficult to lose a loved one. It is even more difficult if that loved one died because of someone else's negligence. You can fight for justice for your loved one by filing a wrongful death claim. A wrongful death claim allows you to make an insurance claim or file a law suit to hold that person or entity responsible and liable.

Jail Calls

BEWARE! All jail calls are recorded! If you are in jail making a collect call or on the outside making a call to someone in jail, remember that you calls are being recorded. Even though the computerized system informs the inmate that their call is being recorded, many people forget and make a big mistake by talking about things they should not. Police and prosecutors can listen to these calls ... and they do. Do not talk about the facts of your case. Those should be done with your attorney, face-to-face, in a closed room. Do not say anything on the phone that you don't want the judge or anyone in the legal system to hear. Even the smallest thing you say can get you in trouble. Prosecutors can and will use anything they can against you. 

Sexual Harassment in the Workplace

Unfortunately, sexual harassment still occurs in the workplace. This harassment may occur in the form of inappropriate comments, requests for sexual favors, inappropriate touching, and other degrading acts on the basis of sex.

What is a Judgment?

A judgment is a court order, sentence, or decision that has been entered into public record by the court. A judgment can only be entered after a lawsuit has been filed against you. There are different types of judgments.Default Judgments – If you fail to respond to a law suit or some kind of important motion, a default judgment can be granted against you.  For example, if you fail to respond to a claim in the required time and the plaintiff requests a default judgment, the judge can then decide the case in the plaintiff’s favor and enter a default judgment.Consent Judgments – A consent judgment occurs when both parties enter into a mutual agreement to settle the case. These agreements usually contain payment terms and are binding and enforceable.Court Ordered Judgments - There are also judgments entered by court after a decision by the jury or judge.There are several ways a person or company can collect their judgment against you, the debtor. The most common way is to garnish the debtor’s wages or attach the debtor’s bank account or put a lien on the debtor’s real or personal property. If you need help collecting on a judgment or if you believe a judgment has been placed upon you unfairly, contact an attorney immediately.
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