Skilled And Experienced Family Law Attorneys In Ohio
Family law encompasses a wide range of areas including adoption, divorce, custody, dissolution, spousal and child support, division of assets, domestic violence, and more.
At Waite, Tomb & Eberly, we understand that family law issues are much more personal disputes than other types of law. Whether you are looking to adopt, going through a tough divorce, having problems resolving issues with custody of your children, looking for an attorney for annulment, or need help adjusting child support of alimony payments, our experienced attorneys can help guide you through these difficult processes.
Due to the personal nature of relationships, family law cases can often times be very stressful for all parties involved and can easily become controversial making a cooperative resolution hard to obtain. The attorneys at Waite, Tomb & Eberly have over 50 years of combined legal experience helping clients with family law matters. We have the skills and expertise to achieve the best possible outcome for your situation.
Family law cases that we routinely handle include:
- Adoption
- Divorce
- Child Custody
- Division of Property/Debt
- Divorce Involving Businesses, Corporations and LLCs
- Military Divorces
- Shared Parenting Plans
- Alimony
- Child Support
- Domestic Violence
- Temporary Restraining Orders
- Civil Protection Orders
- Grandparent Rights
Adoption Law
Choosing adoption is a very personal decision for prospective parents to make. At Waite, Tomb & Eberly, we understand how strenuous and difficult the adoption process may seem.
The adoption process is not straightforward. There are different types of adoptions, and each caters to different circumstances with its own set of unique terms. Having an experienced attorney will help you to better understand each type of adoption, and which form of adoption works the best for the prospective parents.
Some of the most common types of adoption include:
- International Adoptions
- Adoption From Foster Care
- Adoption From Private Agencies
- Private Adoptions Through Attorneys
- Guardianship Adoptions
- Kinship Care Adoptions
- Step-Parent and Grandparent Adoptions
Having an experienced adoption lawyer to handle the adoption process takes a lot of stress and anxiety off the prospective parents. The attorneys at Waite, Tomb & Eberly are experienced and well versed in the differing types of adoptions, and the specific sets of rules for each type of adoption. We will file all necessary paperwork, represent the prospective parents in any court hearing, and can even act as a source of communication between private parties. We focus on protecting the legal rights of the adoptive parents and the birth mother, to ensure the adoption process is being followed according to federal and state laws.
Divorce Law
Few things in life can be as traumatic as a divorce, a custody dispute, or a domestic violence situation. At the same time, life happens to all of us and we can find ourselves in need of a trusted, experienced professional to help guide us through these difficult experiences. Most, if not all, of the issues relating to divorce greatly affect the family dynamic and therefore are emotionally charged. Having legal counsel from the experienced family law attorney at Waite, Tomb & Eberly can make all the difference.
Common questions our clients ask include:
- Can I support myself?
- Who will pay for all the debt?
- Can I afford to live while paying child support?
- When will this terrible experience be over?
- How long will it take?
- Will there be anything left over?
- Will I get or will I have to pay alimony?
We handle all types of divorces, whether contested (handled in court) or uncontested (handled outside of court) and can provide valuable legal advice on your divorce options. We will advocate zealously for your rights in and out of court settlements, negotiations or trial.
Divorce Involving Businesses, Corporations and LLCs
At Waite, Tomb & Eberly, we specialize in divorces involving businesses, corporations, and LLCs where one or both people in a marriage have partial or complete ownership. Under Ohio law, special care must be taken to provide proper valuations of all martial assets in order to reach a just property allocation for your divorce. Call us today to ensure that your rights and interests are fully protected.
Child Custody
Deciding who will have custody of your children is often times the hardest part of divorce. Custody issues are difficult and can be the source of animosity between parents.
The experienced lawyers at Waite, Tomb & Eberly are effective and fearless advocates both in and out of court. We know child custody laws and how to protect your rights in all custody matters. We provide valuable legal advice as well as insight from extensive experience in family law, including negotiation, mediation and trial experience.
We handle all aspects of child custody issues including:
- Child Custody
- Child Support
- Modifications
- Parenting Time
Understanding Child Custody Laws
In Ohio, child custody law allows either or both parents to be awarded custody. Ohio law stipulates that preference may not be given due to financial status or gender. Ohio’s determining factor in awarding child custody is what is in the best interest of the child. Therefore, custody may be given to one or both parents.
Sole Custody –
Sole custody is when one parent has either legal or physical custody or both. Sole custody is generally awarded when one parent is has played a minor role in the child’s life because of factors dangerous to the child including:
- Alcohol or Drug Dependency
- Unfit New Partner
- Child Abuse and/or Neglect
- Lack of Interest
- Psychological Problems
- Violence
In most cases, since the welfare of the child is paramount, the courts prefer that both parents remain deeply involved in the child’s life. Even when sole custody is awarded to one parent, extensive parenting time rights with the child are almost always ordered to the other parent.
Shared Parenting –
Shared Parenting (formerly joint custody) is a court ordered arrangement where parents living apart share equal decision-making rights and craft a plan for the physical custody of their child. Shared custody can work with parents who are divorced, separated, no longer cohabiting, or parents who never cohabited. Shared Parenting arrangements are custom-made and vary depending on the individuals and circumstances, but are often the best solution because it gives the parents the same legal authority to their children and continued contact with both parents.
Custody To A Non-Parent –
Sometimes custody of a child is granted to someone other than the parents. Usually it is temporary custody and granted to a relative, such as a grandparent. Ohio law generally allows temporary custody for one year, but if requested, two additional six-month extensions may be granted. The maximum time allowed for temporary custody is two years, after which a more permanent solution must be found.
Parenting Time –
Child parenting time (formerly visitation) is generally ordered when primary custody is awarded to one parent. Parenting time varies depending on the parties and circumstances, but the court prefers children to have contact with both parents and works toward that objective.
Matters pertaining to child custody touch on some of the most sensitive and personal legal issues. Our experienced lawyers have both the compassion and tenacity to deliver excellent results.
Guardian Ad Litem Services
Waite, Tomb & Eberly provides Guardian ad Litem services as well as council about how the role of the Guardian ad Litem could affect a child custody case.
What Is A Guardian Ad Litem?
A Guardian ad Litem (GAL) is a court appointed professional who acts as a neutral third-party voice in a court case involving children. The individual is appointed to assist the court in the determination of the best interests of a child. The GAL does not represent either parent, or any other party other than that child. Most guardian ad litems are attorneys, although Ohio law does not require that a GAL be an attorney. A GAL is required to pass a course provided by the Ohio Supreme Court or by the Ohio CASA/GAL Service Association.
What Are The Duties Of A Guardian Ad Litem?
The duty of a Guardian ad Litem is to independently establish the wishes, feelings and interests of the child and to present these to the court with recommendations.
In a child custody case, a GAL will often be called upon to conduct a full investigation on behalf of the child—including but not limited to interviewing parents, friends, family members and the child/children (if old enough) and examining other relevant evidence, such as living arrangements and school records. The GAL then writes a report with their findings and recommendations as to what is in the best interests of the child/children. The GAL is required to attend all hearings related to the child custody case and can be questioned on the stand regarding the GAL’s methods and recommendation.
Contact our experienced family law attorneys today for your adoption, divorce, custody and Guardian ad Litem needs.