11 May

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Visitation for Grandparents under Ohio Law

Under Ohio law, Grandparents may pursue visitation rights with their grandchild(ren) in certain situations, such as when: Married parents terminate the marriage or separateA parent passes away;The child’s mother is unmarried; or,A child is deemed abused, neglected, or dependent. A Court will more than likely grant visitation time to a grandparent in a proceeding for divorce, dissolution, or legal separation if the grandparent files a motion in the appropriate court seeking visitation rights. If the Court agrees with the said motion and finds that it is in the best interest of the minor grandchild(ren) then the Court may award reasonable visitation time. If a parent were to pass away, a parent (grandparent) of the deceased parent may file a motion to obtain grandparent visitation. The motion must be filed where the grandchild(ren) reside(s). If the Court agrees with the said motion and finds that it is in the best interest of the minor grandchild(ren), then the Court may award reasonable visitation time. If a grandchild was born to an unmarried woman, or out of wedlock, then the Court may award, upon a motion and a finding that it is in the best interest of the minor grandchild(ren), visitation to the maternal or paternal grandparents. Before a court awards grandparent visitation rights, it will consider all relevant statutory factors before doing so, which includes, but is not limited to: The wishes and concerns of the child’s parents;The prior interaction and interrelationships of the child with parents and other relatives;The location of the grandparent’s residence and its distance...

27 March

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What is a Grand Jury?

Posted by Thomas D. White

in Business Law, Civil Law, Criminal Law, Family Law, Litigation

In Ohio, juries are generally one of two types: Grand or Petit (from the French for small or short) Juries. Grand juries have longer terms of service and consider many cases. Petit juries all called to try only one case. In this article, we look at the history and function of the Grand Jury. In English legal history, each county had a Grand Jury serving for a term of court (in Ohio a term of court is for 4 months). The King's Judges rode circuits throughout the counties trying to have court in each county at least once per term. Without resident judges, accused persons would often languish in jail for months. The purpose of the Grand Jury was to review the evidence against the accused to see if there was good cause to hold him (the English term is "bind him over to the Sheriff") until the Judge arrived for his trial. The trial would be conducted on the charges or Bill of Indictment issued (the English term is "handed down") by the Grand Jury. The purpose of the Grand Jury was not only to bring indictments against those who probably committed serious crimes but to protect the accused from unfounded or unjust accusations. When a Grand Jury refused to indict a person, they returned "No Bill" and the charges were dropped. The United States adopted the requirement for the Grand Jury in the 5th Amendment to the Constitution, which states: "No person shall be held to answer for a capital, or otherwise infamous...

13 February

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Divorce Questions & Answers

Posted by Matthew Kearney

in Civil Law

At White Law Office, Co., it is our mission to help educate and empower our clients in understanding their complex legal matters. Often, we see similar questions arise from clients when one is facing the possibility of a divorce or dissolution of marriage. Included herein is a list of common family law questions that our office is routinely asked. What is the difference between a divorce and a legal separation? A divorce in Ohio is a contested termination of a marriage by judgment of a court. It may only be granted upon a finding of a fault-based ground which includes: Bigamy (the act of going through a marriage ceremony while already married to another person);Extreme cruelty; Adultery; Willful absence of the adverse party of one year;Fraudulent contract;Habitual drunkenness Gross neglect of duty; and, Imprisonment of the adverse party in a state or federal correctional institution when the complaint for divorce is filed. When pursuing a legal separation, one would file a petition in the court of proper jurisdiction. Not only do the parties must agree to pursue a legal separation, but the parties must agree on everything in relation to the division of assets and debts in pursuing a legal separation. Once a legal separation is granted, the parties may live separate and apart. However, their marriage is not legally terminated as they are still legally married after a legal separation is granted by the court. As such, the parties cannot remarry. My spouse and I agree on the division of everything, should we still pursue a divorce?...

16 January

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What is the difference between a warrant and a summons?

Posted by Thomas D. White

in Civil Law, Criminal Law, Family Law, Litigation

In criminal law, there are two basic ways that a person is informed of the charges against him or her and are brought to court to answer those charges. The first way is one is familiar to anyone who has received a traffic ticket. Few people receiving a minor traffic ticket are physically arrested. Instead of arrest, the police officer issues a ticket or citation that informs the person what they are charged with and when they must appear in court to answer the charge. The portion of the ticket, usually at the bottom, is called a summons. The summons gives the name and address of the court and the initial hearing date and time for appearance. If the offense is subject to waiver, the person may plead guilty and pay the fine prior to the hearing in the summons. If the offense is not waivable, then a personal appearance in court is required. If you receive a summons and do not appear in court, you will become familiar with the second way people are bought to court on criminal charges: a warrant will be issued for your arrest. An arrest warrant is a court order for law enforcement to arrest a person and bring them before the court to answer the charge. If there is time before the court hearing, the person arrested may post a bond to ensure their appearance. For minor offenses, the amount of the bond may be set by a court-approved schedule or the court may set the...

03 October

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Protecting Your Rights Amidst the Mohican Greenway Corridor

Posted by Moriah E. Schmidt

in Business Law, Civil Law

Landowners in the Mohican Valley, Loudonville, Brinkhaven, and Greer areas may be affected by a potential new trail system that is currently being evaluated. This trail is slated to follow Wally Road and would affect parts of Ashland, Knox, and Holmes counties. A new trail is concerning for local landowners. Many of us are asking what rights we have when faced with a public trail system going through our property. If we have a property with a river running through, such as the Mohican River, what are our rights concerning the waterways and access to our land? The idea of increased traffic flow down a river that cuts through the private property can be alarming, as well. What follows are several situations where the public's enjoyment of land could affect and intersect with private property. Right-of-Ways for County Roads: One way that a trail could impact landowner's property is through already-existing roads. Trail systems can widen or alter the route of local roads. Ohio Revised Code Section 5553.03 requires county roads to be at least 30 feet wide, although they can be as narrow as twenty feet if certain conditions are met. The right-of-way of a township road includes both the road surface itself and as much of the land adjacent to the road as is necessary for the safe and efficient use of the road for actual travel and for incidental uses, which could include being broadened to add a bike trail or sidewalks. Roads can also be vacated and turned...

20 August

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Finding the Right Fit When Searching for a Lawyer

Posted by Christopher M. White

in Business Law, Civil Law, Criminal Law, Cultural, Elder Law, Family Law, Litigation

Lawyers have solutions that can be close to “one size fits all” for simple matters, those solutions are only for the most basic of situations.Every nuance and detail of your situation, no matter how small you might think it is, can cause the recommended solution for your problem to change.This, among other reasons, is why it is so hard to compare attorneys based on price point. Some attorneys will attempt to shoehorn you into a solution that may not be the best for your situation, but it is “low cost.”We have witnessed this when so-called “Trust Mills” come through town.They charge a set price, and they have never met anyone who doesn’t need a Trust.The thing is, we have met plenty of people that didn’t need a Trust.The Trust was overkill for their situation, not set up correctly, and in the end a waste of their money. Legal services should be like a good pair of shoes.They should fit well and last a long time, or at least until your situation changes and you need a different pair.One size fits all solutions in legal services are like one size fits all clothing—they are made in bulk, out of the cheapest material, all to benefit the manufacturer.Yes, it is cheap, but it wasn’t made with you in mind.Having a custom-tailored solution takes time and getting to know you as a person.Sure, at the end of the day, it may be more expensive, but it fits you and won’t wear out too quickly. So if...

Visitation for Grandparents under Ohio Law

What is a Grand Jury?

Divorce Questions & Answers

What is the difference between a warrant and a summons?

Protecting Your Rights Amidst the Mohican Greenway Corridor

Finding the Right Fit When Searching for a Lawyer

To Trust or Not to Trust

To Trust or Not to Trust, That is the Question…

Planning Prevents Problems

Tips for Trustees

OIL WELL ORDERED PLUGGED

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