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Roberta Sue Roberts
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Roberta Roberts’s Legal Guides

10 total

  • Change of Circumstances in Custody Litigation

    It is well settled in Ohio that custody of a child from the custodial parent to the non custodial parent may only occur if at first there has been a change in circumstances to warrant such a modification of a prior court order allocating custody and that the change is in the chi...

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  • What is the Indian Child Welfare Act?

    Although it does not come up often, cases do arise in Ohio courts involving the Indian Child Welfare Act (“ICWA”).

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  • What is a Guardian Ad Litem?

    More and more it seems that courts are reluctant to make a decision regarding what is in a child's best interest without the assistance of a Guardian ad Litem ("GAL"). As such, attorneys are often presented with questions surrounding a GAL. Following are some examples:

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  • Grandparent Visitation Rights in Ohio

    I get calls about grandparent visitation on a regular basis. The call usually starts like this: "Another attorney told me there are NO grandparent visitation rights in Ohio, can that really be true?" My general answer is: No, that is not true. Specifically, the law is as follows:

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  • Factors The Court Considers in Granting Child Support Deviations

    Courts and attorneys use child support calculation programs that base an individuals child support on a set formula contained in the Ohio Revised Code.The use of this program/formula results in an amount of child support that is presumed to be the amount an Obligor should pay in...

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  • What Is (and is not) Considered Income For Child Support Calculation Purposes

    What Is Included In Gross Income • The total of all earned and unearned income from: o Salaries o Wages o Overtime Pay o Bonuses o Commissions o Royalties o Tips o Rents o Dividends o Sever

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  • Ohio Spousal Support Factors

    Ohio Courts consider various factors when deciding a spousal support case. These factors are outlined in Ohio Revised Code section 3105.18 and listed below: (C)(1) In determining whether spousal support is appropriate and reasonable, and in determining the nature, amount, and ter...

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  • Myths Associate With Shared Parenting

    Myth One: Every Parent Gets A Shot At Shared Parenting The factors the Court considers in determining whether shared parenting is appropriate are located in Ohio Rev. Code § 3109.04(F)(2) as outlined

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  • Dividing Personal Injury Awards In a Divorce

    Ohio Revised Code Ohio Revised Code 3105.171 (6)(a) (vi) provides that "Separate Property" means all real and personal property and any interest in real or personal property that is found by the cour

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  • Custody Best Interest Factors

    The Wishes Of The Child's Parents Regarding The Child's Care In divorce cases, this factor does not favor one parent or the other as if both parents are in court seeking custody, both parents wish to

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