Tag Archives: interim orders

Do Grandparents Have the right to visit their grandchildren in Ohio?

GrandparentGrandkidsUnder current Ohio law, grandparents are permitted to petition the court for visitation rights with respect to their grandchildren.  One would think that such a petition would not be necessary, but, unfortunately, more than we would like to think grandparents are prevented from seeing thier grandchildren.  Quite frequently, grandparents turn to the courts in order to have the opportunity to spend time with their grandchildren. This often comes up as a problem when a couple divorces and whomever is chosen as the residential parent does not want his or her former in-laws to visit the children.  Therefore, grandparents need to be aware that if the Court finds that it is in the child’s best interest to have visitation with his or her grandparents, they do have legal recourse. However, it must be noted that the Court is required to give some special weight to the wishes of the parents as to whether the grandparents are granted the right to certain visitation with the children.

This does not mean that the parents wishes control the Court’s decision, but that if the parents feel strongly against visitation, the court must consider that fact.  But even if the residential parent does not want to allow the visitation, the Court can , and often does, grant the visitation if it is in the best interest of the child.  There are specific stautory provisions that cover the visitation rights of grandparents in Ohio, so you should seek the advice of counsel to determine if your case is worth pursuing.

Brought to you by the Ohio law offices of Morrison & Nicholson.  Call today for a free consultation (937) 432 – 9775.

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Interim custody, attorney fees, spousal, and child support while a divorce case is pending in an Ohio Court

house_divorce_boat It is often the case that a couple that is going through a divorce has one of the spouses move out of the home, leaving the other spouse with primary custody of the children.  The vacating spouse is often the breadwinner of the home, however (after all, he or she has the funds to rent an apartment during the course of the divorce action).  This can leave the remaining spouse in the home with the children and no source of (or not enough) income to continue to run the household and properly care for the children.  So, what is that spouse to do?  One answer is to file a motion with the court requesting that the other spouse be required to pay monthly child support until the final divorce decree is filed with the court.

This temporary child support is but one example of “interim orders” that the court is empowered to issue while the divorce case is proceeding through litigation and until there is a final resolution to the case.  Other interim orders that the court may grant include: (1) Temporary spousal support; (2) award one spouse sole occupancy of the marital residence; (3) award interim attorney fees for one of the spouse to be paid by the other spouse, among others.  Therefore, when you speak with your attorney, be sure to bring up all financial concerns that you may have with filing for divorce and there may be a remedy available.

Brought to you by the Ohio law offices of Morrison & Nicholson.  Call today for a free consultation (937) 432 – 9775.


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How to terminate my Social Security Representative Payee?

If you feel as though you no longer need a Representative Payee SSA.gov suggests the following:

budget social securityIn order to become your own payee, you must show SSA that you are now mentally and physically able to handle your money yourself. You could provide:

  1. A doctor’s statement that there has been a change in your condition and that the doctor believes you are able to care for yourself; or
  2. An official copy of a court order saying that the court believes that you can take care of yourself; or
  3. Other evidence that shows your ability to take care of yourself.

Note: Be advised that if SSA believes your condition has improved to the point that you no longer need a payee, we may reevaluate your eligibility for benefits.

However, in my experience if your Representative Payee is an approved organization then your chances to be become your own payee are slim to none.  The main reason being, that SSA has likely already done extensive screening due to the fact that they will only allow an organization to be a Payee Representative as a last resort.  Most of these Organizational Payee Representatives charge a fee ranging anywhere from 25 dollars a month at some organizations here in Dayton up to 75 dollars a month in some larger cities such as Cleveland and Columbus.

Therefore, the best option in many cases for a person unhappy with their current Organizational Payee Representative is to simply request that the Representative be changed from to an Organization with lower fees or a family or church member that will agree to apply as a representive.  All of this can be handled through your local Social Security Administration Office without the aid of an attorney.

Posted in Social Security SSD/SSI | 7 Comments