How can a judge order me not to work a specific legal profession or lose custody of my children?: I have 3 children, and had 2 strokes 3 years ago. My doctor has disabled me due to both daily med regimens and residual effects. I turned to escorting (legal) since disability is not enough and my ex has never paid child support as ordered. My children are not exposed to or affected by my profession. I have no criminal record, no history of substance abuse, and no mental defect. I have always had sole custody. My ex-husband barely shows up for visitation, has a past as a cocaine dealer, 2 DUIs, multiple convictions for domestic violence and pending allegations with child protective services for child abuse. He sued me for custody and my profession has somehow trumped his record in court. The GAL investigation shows I'm an amazing mother, but she cannot allow the kids to stay with me for fear of what might happen to me in this occupation (I've been doing this 2 years now without their "fears" realized). After court today my attorney says he will not get custody, but they will send my children to foster care if I do not quit working as an escort. How is this ruling even legally allowed when it's a legal profession?
Christopher’s answer: A domestic relations court may find both parnts unfit at which time the case would be certified to the juvenile court. You certainly need to speak with local, experienced counsel about this possibility ASAP.
Will he be able to claim him every year now or will it cause an issue since she has claimed him every other year? : My husband has a son from a prior relationship. They have 50/50 shared parenting. When the custody agreement was made it said if he was substantially current in child support he could claim his son every year there after. He's always had a job that would lay him off for winter months. He always fell a little behind but not much. Now that his son is 7 he has a job that is all year and up to date with his support.
Christopher’s answer: So long as the original Order that you describe has not been changed by the Court, it would appear that your Husband would be entitled to claim his son under these circumstances. However, to be sure, I would recommend that you contact a local Family Law attorney and schedule a consultation to review your Husband's Order. Given the history, your Husband may also wish to consider putting his ex-wife on notice of his intent to claim their son as a dependent. This may help avoid both parents claiming the child and running into issues later with the IRS and the State of Ohio.
Spouse wants 4 pets in divorce, leaving me 2.: 2 pets is probably all I can handle with busy work schedule but the best arrangement for the dogs and me would be a visitation arrangement which she doesn't want. She doesn't want to see me every week. I can't imagine never seeing the 4 other dogs again. Any ideas? What will the judge decree if we can't reach an agreement?
Christopher’s answer: As already mentioned, most Courts treat your pets simply as personal property. These Court simply place a value of the pets like any other asset. Whoever retains the pets simply pays 1/2 of the value to the other party. However, this approach isn't taken by all Courts. The most interesting way that I have had a Court recently deal with this issue was a Court that allowed both parties to submit sealed bids to the Court for the pets. Whoever bid the most received the pets and had to pay the other party 1/2 of the value that they had bid. I thought that this was an interesting approach. Unfortunately, this approach does not place the appropriate value on pets for those parties that consider the pet like a child. While I certainly understand their value to our clients, as always, it is important for the client to clearly understand the legal fees associated with litigating a pet custody case.