Law Offices of Jason M. Donnell, LLCLaw Offices of Jason M. Donnell, LLC2024-03-25T19:54:49Zhttps://www.jmd-legal.com/feed/atom/WordPress/wp-content/uploads/sites/1604394/2023/09/cropped-site-ico-32x32.pngOn Behalf of Law Offices of Jason M. Donnell, LLChttps://www.jmd-legal.com/?p=470002024-03-25T19:54:49Z2024-03-25T19:54:49Zthe court's decision on child custody is the mental health of the parents. Below, we explore why this is and what the court looks at when evaluating a child custody case.
The best interests of the child
In Ohio, as in most other states, family courts make custody decisions based on a list of factors named "the best interests of the child."
This list is not necessarily 100% specific or exclusive, yet it is meant to guide the court in making decisions that are best aligned with the well-being of children.
For example, some of these interests include:
The child's happiness
The child's health
Where the child feels most secure
The child's mental health
The stability of the parents
The parents' ability to provide
As you can see, the court considers many factors. If the child is old enough, the judge may ask the child if they have a preference, too. That preference is not the only factor the court will consider but it is one factor that it will take into consideration.
Does mental illness disqualify a parent from custody?
No, mental illness is not an automatic disqualifier. However, the court will want to know more and will possibly ask the parent who has the mental health condition to provide concrete information that shows the court what their day-to-day reality is like, so the court can make a well-informed decision.
When things can go right
In some cases, for example, if a parent who suffers from depression has been under treatment for years and the illness does not seem to affect them or their ability to parent their children at all, the court may not consider that a problem or issue to consider as a "factor."
When things can go wrong
However, if the court sees a parent storm into the courtroom late, clearly under the influence of drugs and alcohol and unable to express themselves clearly and address the court respectfully and eloquently, the judge might absolutely intervene and make arrangements that protect the child from that parent.
Even so, the court's role is not to separate families. Family courts wants families to be together. However, judges have the obligation to ensure the safety and security of children involved in divorce because they are not old enough and do not have the authority to speak for themselves.]]>On Behalf of Law Offices of Jason M. Donnell, LLChttps://www.jmd-legal.com/?p=469992024-01-02T23:18:48Z2024-01-02T23:18:48ZConsent to search
An instance where authorities can search your vehicle without a warrant is if you give consent. If you agree to a search, law enforcement may proceed without the need for a warrant. It is important to note that you have the right to refuse a search unless the authorities have a valid reason to proceed.
Probable cause
Authorities can also search your car if they have probable cause to believe that it contains evidence of a crime. Probable cause is a legal standard that requires a reasonable belief that a crime took place or is occurring. Factors such as the smell of illegal substances, visible contraband or erratic behavior can count as probable cause.
Search incident to arrest
When authorities place you under arrest, they have the right to search your person and the immediate surrounding area. This may include your vehicle. This search helps ensure the safety of the officers. It also helps prevent the destruction of evidence. It is important to note that this authority extends only to areas within the arrestee's immediate control.
Vera reports that authorities ask to search a vehicle in about 3% of traffic stops. Of the searches that take place, just 0.3% lead to arrests for contraband. Understanding your rights and the circumstances under which a search can occur empowers you to make informed decisions during traffic stops.]]>On Behalf of Law Offices of Jason M. Donnell, LLChttps://www.jmd-legal.com/?p=469982023-12-29T22:01:50Z2023-12-30T11:01:05ZChoose the right time and place
According to Forbes, the divorce rate in the U.S. was six couples per 1,000 residents in 2020. Many of these spouses have children.
It is important to select an appropriate time and setting to discuss an impending divorce. Opt for a quiet and comfortable environment where everyone can speak openly without distractions.
Be honest and clear
When breaking the news, be honest and straightforward with your children. Clearly explain the decision without delving into unnecessary details that might burden them.
Assure them of your love
Reassure your children that your love for them remains steadfast. Emphasize that the divorce is not their fault, and your decision does not diminish your love and commitment as parents.
Encourage questions and expressions of feelings
Give your children an opportunity to ask questions and share their feelings. Create an open and non-judgmental space for them to express their emotions.
Maintain consistency
Emphasize that while certain aspects of their lives may change, such as living arrangements, your commitment to maintaining routines and being there for them remains constant. Consistency can provide a sense of stability.
Avoid blame and criticism
Steer clear of blaming one another or assigning fault. Focus on the impact on the family unit and the steps you will take to support your children through the transition.
Seek professional support if needed
If emotions become overwhelming, consider seeking the guidance of a family counselor or therapist. Professional support can provide a neutral space for everyone to express their feelings and work towards understanding and coping with the changes.
Telling your children about a divorce is undoubtedly difficult. By maintaining open lines of communication and prioritizing their well-being, you can guide your children through the process of adjusting to a new family dynamic with love and support.]]>On Behalf of Law Offices of Jason M. Donnell, LLChttps://www.jmd-legal.com/?p=469962023-12-29T21:59:18Z2023-12-29T21:59:18ZAcademic consequences
According to the NCES, in 2020, college campuses reported a total of 21,200 crimes. Having a record of a felony can have severe consequences on a college student's academic life. Many educational institutions have strict codes of conduct. A criminal conviction can lead to discipline. Suspension or expulsion is not uncommon.
Limited educational opportunities
Beyond immediate academic consequences, a felony on their record can limit a student's access to various educational opportunities. Certain programs, internships or study abroad opportunities may require a background check, and a criminal record could serve as a roadblock, preventing participation in these enriching experiences.
Employment challenges
A crime on one's record can have a lasting negative impact on a college graduate's employment prospects. Many employers conduct background checks and a criminal record may prevent them from hiring an applicant.
Professional licensing hurdles
For careers in fields that require professional licenses, a felony conviction may result in the denial of a license. This hurdle can impede the realization of long-term career goals and aspirations.
Social and personal consequences
Additionally, a criminal record may strain relationships with peers, professors and friends. The stress and emotional toll of legal issues can impact a student's mental health and well-being.
Understanding the potential consequences of a criminal conviction is important for every college student. By taking proactive steps, students can avoid these kinds of problems.]]>On Behalf of Law Offices of Jason M. Donnell, LLChttps://www.jmd-legal.com/?p=469952023-12-29T16:38:06Z2023-12-29T16:38:06ZSole custody
In a sole custody agreement, one parent assumes the primary responsibility for the child's upbringing. This custodial parent makes significant decisions about the child's education, health care and general welfare. In 2023, 15.09 million children lived with a single mother in the United States, and about 3.05 million children lived with a single father.
In this type of arrangement, the noncustodial parent typically has visitation rights. The court defines a visitation schedule, which may include weekends, holidays and school breaks.
Joint custody
Joint custody emphasizes collaboration between both parents. There are two subtypes – joint legal custody and joint physical custody. With this type of custody, both parents make decisions regarding the child's welfare. The child spends time living with each parent in joint physical custody. This arrangement necessitates effective parental communication and cooperation for seamless transitions between households.
Shared parenting
Shared parenting promotes active involvement from both parents. The child spends significant time with each parent, fostering a balanced relationship. Shared parenting plans outline specific schedules and responsibilities. These plans provide clarity for the parents and stability for the child.
Relative custody
Under certain circumstances, grandparents or other relatives may seek custody rights. The court evaluates factors such as the child's relationship with the relative, the parents' fitness and the child's overall well-being.
Navigating the custody options in an Ohio divorce requires careful consideration of your child's needs. The goal is to create an environment that prioritizes your child's emotional and physical well-being throughout the divorce process and beyond.]]>On Behalf of Law Offices of Jason M. Donnell, LLChttps://www.jmd-legal.com/?p=469932023-12-27T23:26:27Z2023-12-27T23:26:27ZStudent athletes may be at higher risk for opioid dependency
Directly or indirectly, the current opioid epidemic has had an enormous impact on individuals of all ages. Research suggests that over 8.7 million Americans over age 12 currently misuse pain relief medications. Of those individuals, over 3.3 million are between the ages of 12 and 25.
Student athletes, eager to get back in the game, may be especially at risk for developing opioid dependency. A young adult may use the drug to mask the pain of an injury, returning to their sport before they have fully recovered. That may result in the injury worsening and a continuing need to use pain relief medication.
Opioid dependency may lead to heroin use in young adults
While the specific number varies, it may take as little as two weeks for an individual to become physically dependent on opioid medication. Additionally, if people use prescription painkillers over an extended period, they may need more and more of the drug to get the same effect.
When prescriptions run out, young athletes may find that they still crave the drug, even if their original injury has healed. However, buying prescription opioids on the street can become exorbitantly expensive, leading many to turn to heroin, a much stronger and potentially deadly narcotic.
All young adults are at risk
Studies also continue to show that many young heroin users have been student-athletes. Even dedicated, driven young adults with good intentions may find themselves facing addiction while in the pursuit of excellence.]]>On Behalf of Law Offices of Jason M. Donnell, LLChttps://www.jmd-legal.com/?p=469632023-09-28T22:55:56Z2023-09-28T22:55:56Z1. Assess your assets and liabilities
Begin by taking a comprehensive inventory of your financial situation. List all assets, including property, investments savings accounts, and retirement funds. Simultaneously, identify your debts, such as mortgages, loans and credit card balances. This clear snapshot of your financial landscape will serve as a foundation for equitable property division.
2. Create a post-divorce budget
Once you understand your financial standing, develop a budget tailored to your future needs and resources. Consider how living independently will impact your expenses, including housing, utilities, insurance and childcare if applicable. Establish a sustainable budget that aligns with your income post-divorce.
3. Prioritize financial goals
A divorce can disrupt long-term financial plans. Reevaluate your goals and priorities. Ensure you have a plan for retirement, emergency savings and any educational expenses for children. Adjust your investment portfolio and financial strategy accordingly to align with your new circumstances.
4. Protect your credit
Divorce can have a significant impact on your credit score, particularly if you have shared debts. Close joint accounts whenever possible to avoid any potential liabilities. Establish individual credit accounts to maintain and build your credit history. Regularly monitor your credit reports to identify and address any inaccuracies promptly.
Considering that 64% of couples claim financial incompatibility during a marriage, it makes it even more important to plan for the financial aspects of your new life after the divorce.]]>On Behalf of Law Offices of Jason M. Donnell, LLChttps://www.jmd-legal.com/?p=465802023-06-27T17:37:23Z2023-06-27T17:37:23ZCan you refuse field sobriety testing?
You have the legal right to refuse field sobriety testing, a series of simple tests police ask you to do so they can observe your ability to comprehend instructions and maintain balance. They often use these tests to build a stronger case for an OVI charge.
There are many reasons you may want to refuse field sobriety testing. For example, someone who is not physically fit may struggle with some tests regardless of their level of sobriety. If pulled over in a busy area, it can be difficult to hear instructions. If you feel fatigued or anxious, you could easily make mistakes during the test.
What is Ohio's implied consent law?
Ohio's implied consent law states that anyone operating a vehicle on a public highway automatically consents to chemical testing to measure blood-alcohol content. However, that law does not take effect until a lawful arrest occurs. Therefore, if an officer asks you to submit to a breath test at the scene, you can refuse.
They must have reasonable grounds to believe you are under the influence, and while they will likely still conduct an arrest, their case is significantly weaker without field sobriety testing and immediate chemical evidence.
An arrest is not a conviction, so politely going through the motions and knowing your rights could protect you.]]>On Behalf of Law Offices of Jason M. Donnell, LLChttps://www.jmd-legal.com/?p=465212023-03-21T23:49:38Z2023-03-21T23:49:38ZLicense suspension
One of the most immediate impacts of an OVI conviction in Ohio is the suspension of your driver's license. Upon arrest for an OVI, your license will be suspended immediately if you refuse to take a chemical test or your blood-alcohol content (BAC) is above the legal limit. The length of the suspension can vary depending on the circumstances, such as whether it's your first offense or a repeat offense.
Limited driving privileges
You may be eligible for limited driving privileges if your license is suspended due to an OVI conviction. These privileges allow you to drive for specific reasons, such as going to work or attending medical appointments. However, these privileges are limited and require the approval of the court.
Restricted plates and ignition interlock devices
In some cases, the court may order you to use restricted license plates or an ignition interlock device (IID) as a condition of your limited driving privileges or as part of your sentence. Restricted license plates indicate that you have been convicted of an OVI and can impact your ability to drive for work or personal reasons. An IID is a device installed in your car that requires you to take a breath test before starting the engine. If the device detects alcohol on your breath, the vehicle will not start.
Costly reinstatement requirements
You will need to meet certain requirements to reinstate your license after an OVI conviction. These may include completing a driver's intervention program, paying fines and fees and installing an IID if the court orders. The requirements can vary depending on the circumstances of your case and whether it's your first offense or a repeat offense.
Points on your driving record
An OVI conviction in Ohio will also result in points on your driving record. Points can lead to increased insurance rates and may impact your ability to obtain certain types of employment that require driving.
Suspension or revocation
In addition to the immediate impact of a license suspension, an OVI conviction can also result in long-term license suspension or revocation. For example, if you have multiple OVI convictions within a certain period, your license may be suspended for an extended time or even permanently revoked.
An OVI conviction in Ohio can have significant and long-lasting impacts on your driver's license and driving privileges. If you are facing OVI charges, it's important to speak with an experienced attorney who can help you understand your rights and options and navigate the legal process.]]>On Behalf of Law Offices of Jason M. Donnell, LLChttps://www.jmd-legal.com/?p=465142022-12-28T19:44:01Z2022-12-29T19:42:56ZCommon criminal charges on college campuses
While anyone can commit a crime, several crimes commonly occur on college campuses and in a younger demographic. College-age students often find themselves facing drug or intoxication charges after weekend parties, but some of the more serious crimes reported on college campuses include sexual or domestic violence and abuse, burglary and theft. The nature of the crime and the charges filed determine the severity of the consequences, with felonies carrying the more serious sentences.
Consequences of crime
In addition to the consequences outlined by local, state or federal laws, college students convicted of a crime could also face administrative actions taken by the college or university. In many cases, institutions establish a student code of conduct and provide each student with a copy at the beginning of each semester. These outline the actions taken if a student commits a crime. Students typically face suspension or expulsion for serious crimes and lose their scholarship status, housing benefits or positions within clubs or teams.
Those convicted of a drug offense lose access to federal financial aid. Any drug-related offense, whether a felony or misdemeanor, disqualifies individuals from applying for federal grants or loans.
Each school maintains a unique policy on criminal records or charges. Consequences can lead to the loss of need or merit-based scholarships, a barrier that can make it harder to afford college.]]>