Gary's Blog

August 28, 2015

Parent Cannot View Records of Alleged Child Abuse Investigation

In a recent Supreme Court decision regarding confidentiality of Children Services Records, the court held that a parent cannot view records of alleged child abuse investigation. As reported by Kathleen Maloney of the Supreme Court in the Case of State ex rel. Clough v. Franklin Cty. Children Servs., Slip Opinion No. 2015-Ohio-3425, the Ohio Supreme Court ruled that The records […]
August 1, 2014

Possible Clarity Coming for Same-Sex Divorce in Columbus

August 6, 2014, could be a significant day for legal issues regarding gay marriage and divorce in Ohio. Oral arguments in several appellate cases relating to same-sex marriage will be heard by United States Court of Appeals for the Sixth Circuit on that date, possibly resulting in new precedent for Ohio courts to consider in matters of same-sex divorce. Gay […]
June 19, 2014

Teen’s Constitutional Rights Not Violated by Excluding Her from Custody Hearing

Teen’s Constitutional Rights Not Violated by Excluding Her from Custody Hearing. In the case of In Re A.G slip opinion the Ohio Supreme Court according to an article by Bret Crow found that: A trial court did not violate a teenager’s due-process rights or abuse its discretion when it excluded her from a custody hearing in a divorce case, especially after considering […]
March 27, 2014

Unvested Military Retirement Benefits earned during marriage qualify as marital asset

By Kathleen Maloney | March 26, 2014 Daniel v. Daniel (Slip Opinion) 2012-2113[Full Text – PDF] The Ohio Supreme Court on March 26, 2014 in a 4-3 Decision found that unvested military pensions must be taken into account when dividing marital assets. The Supreme Court of Ohio in it’s announcement stated: A trial court must take the value of unvested […]
December 30, 2013

Revised Division of Property Order for State Agencies (OPERS, STRS, SERS, OP&F, and OHPRS)

The Ohio retirement systems recently amended their respective administrative rules to account for revisions to the Division of Property Order (“DPO”) form. The rule amendments and the revised DPO form will be effective January 7, 2014. Note that the Ohio retirement systems will accept and process the “new” and “old” versions of the DPO form until June 30, 2014, but […]
December 30, 2013

Decision on Same-Sex Marriages in Ohio

On December 23, 2013 the United States District Court for the Western Division of Ohio in the case of Obergefell v Wymyslo Case No 1:13-cv-501 Ohio declared that Article XV Sec 11 and Ohio Revised Code 3101.01(C) are unconstitutional in that these sections of Ohio law violated the 14th Amendment to the United States Constitution. The Court found that same […]
December 21, 2013

New Change in Adoption Law in Ohio: Greater Access to Records

The following article recently appeared in the Columbus Dispatch regarding changes to Ohio’s Adoption Law: COLUMBUS, Ohio — With a stroke of the pen Thursday, the state moved to open the birth records of hundreds of thousands of adopted Ohioans. Gov. John Kasich signed into law a bill that ultimately will allow adoptees, when they reach adulthood, to gain access […]
December 2, 2013

Hague Convention and Equitable Tolling: A Matter for the Supreme Court

The United States Supreme Court will hear Oral Arguments on a Hague Convention Case on December 11, 2013. The case is Lozano v. Alvarez Docket No., 12-820. The issue presented by the Lozano case as detailed in an ABA article on the case are as follows: QUESTION PRESENTED: The primary purpose of The Hague Convention on the Civil Aspects of […]
November 19, 2013

In Reversing Sale, Trial Court Overstepped Its Authority

The Fifth District recently issued an interesting decision on financial misconduct. The case is Shalash v Shalash, 2013-Ohio-5064 [PDF]. In that case, the husband purchased a carryout for $200,000.00 during the marriage. A few days after the divorce was filed the husband transferred the business to his Mother for $55,000.00. The Trial Court found that the carryout was a marital […]
August 28, 2015

Parent Cannot View Records of Alleged Child Abuse Investigation

In a recent Supreme Court decision regarding confidentiality of Children Services Records, the court held that a parent cannot view records of alleged child abuse investigation. As reported by Kathleen Maloney of the Supreme Court in the Case of State ex rel. Clough v. Franklin Cty. Children Servs., Slip Opinion No. 2015-Ohio-3425, the Ohio Supreme Court ruled that The records […]
August 1, 2014

Possible Clarity Coming for Same-Sex Divorce in Columbus

August 6, 2014, could be a significant day for legal issues regarding gay marriage and divorce in Ohio. Oral arguments in several appellate cases relating to same-sex marriage will be heard by United States Court of Appeals for the Sixth Circuit on that date, possibly resulting in new precedent for Ohio courts to consider in matters of same-sex divorce. Gay […]
June 19, 2014

Teen’s Constitutional Rights Not Violated by Excluding Her from Custody Hearing

Teen’s Constitutional Rights Not Violated by Excluding Her from Custody Hearing. In the case of In Re A.G slip opinion the Ohio Supreme Court according to an article by Bret Crow found that: A trial court did not violate a teenager’s due-process rights or abuse its discretion when it excluded her from a custody hearing in a divorce case, especially after considering […]
March 27, 2014

Unvested Military Retirement Benefits earned during marriage qualify as marital asset

By Kathleen Maloney | March 26, 2014 Daniel v. Daniel (Slip Opinion) 2012-2113[Full Text – PDF] The Ohio Supreme Court on March 26, 2014 in a 4-3 Decision found that unvested military pensions must be taken into account when dividing marital assets. The Supreme Court of Ohio in it’s announcement stated: A trial court must take the value of unvested […]
December 30, 2013

Revised Division of Property Order for State Agencies (OPERS, STRS, SERS, OP&F, and OHPRS)

The Ohio retirement systems recently amended their respective administrative rules to account for revisions to the Division of Property Order (“DPO”) form. The rule amendments and the revised DPO form will be effective January 7, 2014. Note that the Ohio retirement systems will accept and process the “new” and “old” versions of the DPO form until June 30, 2014, but […]
December 30, 2013

Decision on Same-Sex Marriages in Ohio

On December 23, 2013 the United States District Court for the Western Division of Ohio in the case of Obergefell v Wymyslo Case No 1:13-cv-501 Ohio declared that Article XV Sec 11 and Ohio Revised Code 3101.01(C) are unconstitutional in that these sections of Ohio law violated the 14th Amendment to the United States Constitution. The Court found that same […]
December 21, 2013

New Change in Adoption Law in Ohio: Greater Access to Records

The following article recently appeared in the Columbus Dispatch regarding changes to Ohio’s Adoption Law: COLUMBUS, Ohio — With a stroke of the pen Thursday, the state moved to open the birth records of hundreds of thousands of adopted Ohioans. Gov. John Kasich signed into law a bill that ultimately will allow adoptees, when they reach adulthood, to gain access […]
December 2, 2013

Hague Convention and Equitable Tolling: A Matter for the Supreme Court

The United States Supreme Court will hear Oral Arguments on a Hague Convention Case on December 11, 2013. The case is Lozano v. Alvarez Docket No., 12-820. The issue presented by the Lozano case as detailed in an ABA article on the case are as follows: QUESTION PRESENTED: The primary purpose of The Hague Convention on the Civil Aspects of […]
November 19, 2013

In Reversing Sale, Trial Court Overstepped Its Authority

The Fifth District recently issued an interesting decision on financial misconduct. The case is Shalash v Shalash, 2013-Ohio-5064 [PDF]. In that case, the husband purchased a carryout for $200,000.00 during the marriage. A few days after the divorce was filed the husband transferred the business to his Mother for $55,000.00. The Trial Court found that the carryout was a marital […]