Tag: incompetency proceedings

Change of Custody versus Change of Visitation- Different Standards and Why You Should Know the Difference

It is an often misunderstood nuance in Ohio family law.

In 1999, the Ohio Supreme Court held in Braatz v. Braatz, that whereas one is required to show a change of circumstances in order to modify a custody determination, a chance of circumstances need not be shown to modify visitation.

Let’s break this down.  Involvement in a child’s life can be divided into two parts, decision making and time. Custody is a term that refers to who is legally entitled to make decisions regarding the care of a child.  When parents are married, both parents are considered custodians of minor children of the marriage … Read the rest

Leaving Someone Out of Your Will

Under Ohio law, you generally have the right to leave your property to anyone of your choosing.  The key to disinheriting your spouse, adult child, parents, siblings, etc. is proper planning.

If you wish to disinherit a spouse, a fully funded trust is necessary. Simply executing a Last Will and Testament will not be sufficient due to an Ohio law that gives a spouse the ability to elect against your will.

In order to disinherit other family members, a well drafted Last Will and Testament is required.  Any family member who would be entitled to inherit from your estate in the event that you died without… Read the rest

Court Affirms Juvenile Court’s Ability to Award Temporary Visitation Rights to Non-Relatives

The Ohio Supreme Court recently held that a juvenile court can grant a non-relative temporary visitation rights that are in the best interest of the child.  Temporary visitation rights are visitation rights while a custody case is pending.

Rowell v. Smith involved a same sex couple that dissolved their relationship after raising a child together for six years.  After the relationship ended, the non-genetic parent filed in juvenile court for shared parenting and temporary visitation.  The juvenile court issued an order granting the non-genetic parent temporary
visitation while the custody… Read the rest

Attorney Randall M. Perla featured in Cleveland’s Top Rated Lawyers 2012 Edition

Attorney Randall M. Perla was featured in Cleveland’s Top Rated Lawyers, 2012 Edition, a publication which was distributed in the Plain Dealer and the Wall Street Journal.  Mr. Perla was noted under the practice areas of Family Law, Trusts and Estates, and Elder Law.

A former Family Law Magistrate with the Cuyahoga County Court of Common Pleas, Mr. Perla has been AV rated by his peers, indicating the highest level of professional excellence, for 16 consecutive years.  Mr. Perla has also been selected for Ohio Super Lawyers and has been listed in Martindale-Hubbell’s Bar Register forPreeminent… Read the rest

Ways to Avoid Probate 101

Probate is the legal process by which property owned by a person is transferred to that person’s heirs upon his death. Many people wish to avoid probate for a number of reasons.  The most cited reasons are time- a full administration typically takes between 6 months and a year, money- between court costs and attorney fees the estate and ultimately the heirs can take a considerable financial hit, and the desire for privacy- probate proceedings are public record.

There are a number of different legal mechanisms available to avoid probate. The following is a list of a few that you may wish to consider.… Read the rest