The Law Firm of Droder & Miller

How temporary custody orders work in Ohio

2026-08-17T09:08:22Z

A divorce can change your family life quickly, especially when you have young children. If your spouse has filed for divorce, you may be wondering where your children will live, who will make important decisions and when you will see them. Ohio courts can issue temporary custody orders to provide a plan while the divorce moves forward.

What does a temporary custody order cover?

A temporary custody order sets rules for caring for your children while the divorce case is pending. It does not necessarily decide what custody will look like after the divorce. Depending on your situation, the order may address:

Which parent has temporary custody
When each parent can spend time with the children
Where the children will live
Who makes decisions about school and medical care
How parents will share child-related expenses

These orders can give both parents a clear set of rules during the divorce. For example, a temporary parenting schedule may set specific days for each parent to spend time with the children. This can reduce disputes about pickups, overnight visits and other daily matters.

How does the court decide temporary custody?

Ohio courts focus on the children's best interests when making custody decisions. The court may consider each parent's relationship with the children, the children's adjustment to home and school and each parent's ability to provide proper care. The court may also review factors such as each parent's work schedule and the distance between their homes. When parents cannot agree on temporary arrangements, the court may hold a hearing and review evidence from both sides. Keeping records about school attendance, medical appointments, parenting schedules and communication between parents can help provide specific information about the children's daily needs. Legal assistance can also help you present relevant information and respond to the other parent's custody requests.

A temporary plan can shape what comes next

A temporary custody order can affect your family's routine for months while the divorce continues. Knowing what the order covers and how Ohio courts make these decisions can help you prepare for the next stage of your case.

3 estate planning documents every modest estate deserves

2026-06-15T14:09:57Z

Many people assume estate planning only matters for those with significant wealth. If a person owns a large home, multiple investments or a business, estate planning seems like an obvious step. However, families with more modest estates often benefit just as much from having a plan in place. Estate planning is not about the size of an estate. It is about protecting the people and property that matter most. Here are three estate planning documents that everyone should consider having.

1. A will helps ensure property goes to the right people

A will remains one of the most important estate planning tools available. It allows a person to name beneficiaries, select an executor and provide instructions for distributing property after death. Without a valid will, state law generally determines who inherits assets. Those rules may not reflect a person's wishes or family circumstances. Even a modest estate can include valuable items such as a home, vehicle, savings account or family heirlooms. A will helps provide clear direction and can reduce the likelihood of disputes among surviving relatives.

2. A durable power of attorney protects financial matters during incapacity

Estate planning addresses more than what happens after death. It also helps prepare for unexpected situations during life. A durable power of attorney lets a trusted person manage financial matters if someone loses the ability to handle them independently. That authority may include paying bills, accessing bank accounts or managing property. Without this document, loved ones may need to seek court involvement before assisting with important financial decisions. A durable power of attorney can help families respond more efficiently during difficult circumstances.

3. An advance health care directive gives a voice to medical wishes

Medical emergencies can happen at any stage of life. An advance health care directive allows a person to communicate treatment preferences and appoint someone to make health care decisions if they cannot speak for themselves. This document can provide guidance during emotionally challenging situations. It may also reduce uncertainty for family members who want to respect a loved one's wishes while making difficult medical choices.

Planning for peace of mind

A modest estate still deserves thoughtful planning. Every family has unique needs and goals. Seeking legal guidance can help so that estate planning documents reflect personal circumstances and provide meaningful protection for the future.

Do you need to leave someone $1 to disinherit them?

2026-06-04T08:37:15Z

To begin making your estate plan, you know that you want to disinherit one of your adult children. Maybe the two of you are estranged and have not seen each other in decades, or perhaps it is for a more practical reason, such as the fact that that child is very well off financially and does not need an inheritance. You may have seen a piece of common advice, which is to give someone a minimal inheritance. To cut them out of the will, for example, it may be recommended to leave them just one dollar. Do you actually have to do this, and why would someone choose to leave such a small inheritance?

Identifying them by name

No, you do not have to leave someone a small inheritance to cut them out of your will. Instead, you can just identify them by name. You can make it clear that they are not supposed to receive any of the assets from your estate. A few lines in your estate plan may be all that you need. The reason why people will leave a minimal inheritance is to make it clear that this is something they did on purpose. If you just omitted that child from the estate plan entirely, it could lead to an estate dispute. They may claim that it was a mistake, an oversight or simply a situation where you forgot to include them. By leaving them a minimal inheritance, you demonstrate that this is what you intended. But you can also do so simply by identifying them by name, without leaving them anything.

Drafting your estate plan

Disinheriting a beneficiary is a big step to take, and it can lead to potential conflicts. That is why it is so important to know exactly what legal options you have when setting up your estate plan.

Using civil litigation to end a contract after a breach

2026-05-19T15:54:10Z

Maybe a homeowner signed a contract with a lawn maintenance or snow removal company that has not fulfilled its obligations. Perhaps a business owner contracted with a vendor who failed to make deliveries as promised. In circumstances where a breach of contract occurs, the agreement may remain in effect until the fulfillment of all other contract requirements. The inclusion of a severability clause means that the contract remains in effect even if there are breaches of certain parts of the contract. Going to court may be necessary to terminate contractual obligations and avoid a contract lawsuit brought by the other party.

Judges can end valid contracts

People who no longer want to do business with someone else or a specific business due to a prior breach can officially terminate their legal obligations through a contract lawsuit. Judges have the authority to uphold the contract or award damages to the plaintiff. They also have the option of ordering judicial contract rescission, which effectively cancels the contract. If the contract is valid despite issues with the other party fulfilling their obligations, litigation to terminate the contract can protect businesses and individuals from litigation brought by the other party. If the party affected by the breach of contract refuses to render payment for a delivery not provided or withholds final payment as a means of compelling the other party to perform work that fulfills contractual obligations, they could face allegations of a breach of contract. Terminating the contract is necessary to prevent secondary breaches. Partnering with an attorney who has experience overseeing contract litigation can help those affected by contract breaches recover their losses and avoid additional legal challenges. Civil litigation can offer effective solutions for people frustrated by contract breaches.

Will your kids inherit your credit card debt?

2026-05-05T18:07:48Z

Many people operate with a substantial amount of debt. People often have credit card debt that they pay off on an ongoing basis. Even though they may pay it off at the end of the month, they are constantly making new charges on that account. As you make your estate plan and determine how your assets are going to be split up among your children, you may find yourself worried about this debt. If you passed away unexpectedly tomorrow, there could still be a significant balance on your credit card. Would this become a financial burden for your children?

Debts and taxes

Fortunately, the answer is generally no. Children are not going to inherit debts, including credit card debt, tax debt, mortgage debt, student loan debt or other personal obligations. The exception, of course, is if it is already a joint debt. If you and an adult child are co-owners on a financial account, they may still need to make the payments, even if you pass away. When it comes to personal debt, those obligations are typically paid out of your estate. After you pass away, your estate executor gains access to your accounts. Creditors can make claims, and the executor can use estate funds to pay off outstanding debts. They may also need to address final tax obligations, such as income or property taxes. Because the estate handles these payments, your children generally do not have to worry about inheriting those debts.

The complexities of estate planning

This helps demonstrate some of the complexities involved in drafting an estate plan and considering both your assets and obligations. It can help to work with an experienced attorney to ensure everything is handled properly.

When can you ask to modify a parenting plan after divorce?

2026-04-21T14:37:58Z

Life often changes after a divorce. The parenting plan that made sense when your case ended may not fit your family’s day-to-day life anymore. When that happens, you may need to ask the court to modify the plan. That does not mean you can seek a change just because the current arrangement feels frustrating or inconvenient. Courts usually want to see a real reason to revisit the issue. The question is whether the existing plan still serves your child well.

Some changes are easier to request than others

Not every parenting issue is treated the same way. You may want to adjust the weekly schedule, change exchange times or update how holidays are handled. In other situations, you may want to change who makes major decisions for your child or ask for a broader custody change.

That distinction is important. Courts may treat a request to adjust parenting time differently from a request to make a larger custody change. A family law attorney can help you understand what kind of change you are really asking the court to make.

When a parent may have grounds to ask for a change

A court usually expects to see a meaningful change in circumstances before it will modify a parenting plan. The reason should connect to your child’s well-being, not just your own frustration with the current setup.

Common examples include:

A major change in your work schedule
A move that affects the parenting schedule
Ongoing problems following the current order
A big change in your child’s school or activity schedule
New concerns about your child’s health, safety or stability

These situations do not guarantee that the court will approve a modification. They simply show the kind of developments that may justify asking for one.

The court will still look at the child’s best interests

Even if you have a valid reason to ask for a change, the court still has to decide whether the new arrangement would serve your child’s best interests. Judges usually value stability. They do not want to disrupt a child’s routine without a good reason.

That is why it helps to be specific. You should be prepared to explain how the current plan is no longer working and why the change you want would better support your child’s daily life.

Parents should not rely on informal changes alone

Many divorced parents make small changes to the parenting schedule on their own. That may work for a while when communication is strong. However, problems often start later when one parent stops cooperating or remembers the agreement differently.

Even if you both agree on a new routine, it may still make sense to put that change into a court order. If you do not, the original order is usually still the one the court can enforce. A lawyer can help you decide when an informal adjustment has become important enough to formalize.

Timing can make a difference

Some parents wait too long because they hope the issue will resolve on its own. Others go to court too quickly, before they have enough facts to support the request. Neither approach usually works well.

It often makes sense to ask for a modification when:

The problem keeps happening instead of coming up once in a while
The change is affecting your child’s routine or well-being
You can point to specific facts instead of general frustration
The current plan no longer reflects how your family actually lives

A parenting plan should work in real life and not just on paper. When it stops doing that, you may have a valid reason to ask the court for a change.

When can you sue for punitive damages in Ohio?

2026-04-06T14:52:13Z

In most civil cases in Ohio, the goal of a damage award is to cover your losses and put you back in the position you were in before the harm occurred. But some cases involve conduct for which compensation alone does not seem adequate, and punitive damages exist to address that gap.

What the law requires before punitive damages apply

Under Ohio law, you may recover punitive or exemplary damages only after you recover compensatory damages and prove your claim with clear and convincing evidence. You must show that the defendant acted with malice or engaged in serious or intentional fraud. If the defendant is a company, you must also show that a manager or supervisor knew about the conduct and approved it, took part in it or later accepted it.

Where punitive damage claims often arise

Some of the more typical scenarios include:

Drunk driving crashes where the at-fault driver had prior offenses or an extremely high blood-alcohol level
Defective product cases where a manufacturer knew about a dangerous flaw and continued selling the product
Fraud-based claims where a party engaged in deliberate deception that caused financial or physical injuries

Ultimately, these scenarios all demonstrate a conscious disregard for the safety of others that carries a great probability of causing substantial harm.

How Ohio limits and structures these awards

Even when the facts warrant punitive damages, the state places statutory caps on the amount a jury may award. In most cases, punitive damages may not exceed twice the amount of the compensatory award. For individuals and small employers, the limit is the lesser of two times your actual damages or 10% of the defendant’s net worth, up to an absolute maximum of $350,000. Additionally, state law dictates that upon the request of either party, the court must divide the proceedings into a two-phase trial. During the first phase, the jury considers only whether you are entitled to compensation for your losses. If it rules in your favor, the trial moves to a second stage dedicated solely to evidence regarding the punitive penalty.

Understanding durable vs. springing power of attorney in Ohio

2026-03-02T02:13:11Z

When planning for the future in Ohio, the most critical decision involves more than choosing an agent; you must decide when their authority begins. In Cincinnati and throughout the state, residents may choose between two distinct types of financial power of attorney (POA): durable and springing. Establishing a clear plan now can prevent legal hurdles for your family later.

The durable POA: Immediate and continuous

In Ohio, a financial POA is durable by default. You grant this authority the moment you sign the document, and the power continues even if you later become incapacitated. Consider the following characteristics of a durable POA:

Immediate action: Your agent can manage banking, bills or real estate immediately.
Continuous authority: Your agent acts without a waiting period or external validation during an emergency.
Legal requirement: You must sign a financial POA in the presence of a notary for the document to cover all transactions, including real estate.

These features allow a durable power of attorney to function without interruption.

The springing POA: Conditional authority

A springing power of attorney takes effect only after a defined trigger happens. This usually involves a doctor confirming in writing that you lack the capacity to manage your affairs. The following outlines how a springing POA operates:

Trigger events: The POA remains dormant until the "trigger event" is documented in writing.
Retained control: You maintain sole authority while you remain healthy.

Understanding these conditions is vital for effective estate planning.

The "verification gap": Why springing POAs can be difficult

While the control of a springing POA sounds ideal, it often creates procedural hurdles that can stall your affairs during a crisis:

Doctor delays: An agent cannot act until they obtain a formal letter from a physician. If a doctor is unavailable or hesitates to sign, your finances may sit in limbo.
Third-party skepticism: Banks and title companies often hesitate to accept springing POAs because they must verify the "trigger event."
Privacy concerns: Medical documentation requirements can trigger HIPAA hurdles or family disputes regarding your mental state.

These potential delays often lead individuals to choose a more immediate option.

Which is right for you?

Most Ohio estate planners choose durable POAs to bypass the red tape of the "verification gap." However, the right choice depends on your level of trust in your agent and your specific health concerns. Consulting with an attorney can help you determine the best structure for your needs.

How are class action lawsuits certified in Ohio?

2026-02-09T14:22:43Z

If you hear about a class action lawsuit, you may wonder how courts decide whether one case can represent many people. Ohio courts follow defined procedural rules before allowing claims to move forward as a group. Knowing how certification works helps you understand why some cases proceed as class actions while others do not.

What makes a case eligible for class action status

Ohio courts apply Rule 23 of the Ohio Rules of Civil Procedure to decide whether a case qualifies for class treatment. The court examines whether the proposed group is large enough to make individual lawsuits impractical and whether the claims share common legal or factual issues that one ruling can address. These requirements focus on efficiency, fairness, and consistency.

How courts evaluate the proposed class

Judges also review whether the named parties can fairly and adequately represent the entire group. This review looks for conflicts of interest and ensures the claims of the representatives align with the experiences of the class as a whole. Courts consider whether a class action provides a practical method for resolving the dispute compared to multiple individual cases.

Why certification can shape the entire case

Certification often changes how a lawsuit unfolds because one ruling may affect many people at once. Defendants may adjust their approach due to broader exposure, while plaintiffs may gain leverage from unified claims. If the court denies certification, each person must pursue a claim separately, which can significantly alter the scope of the dispute.

How Ohio courts approach certification decisions

Ohio judges focus on procedure rather than who will ultimately prevail in the case. Courts review filings, evidence, and legal arguments and may hold hearings to test whether Rule 23 applies. Certification allows the case to proceed as a group but does not resolve liability or damages.

What options exist for same-sex couples separating in Ohio?

2026-01-26T14:20:45Z

Ending a relationship brings emotional and financial stress, and same-sex couples in Ohio often face added questions about legal rights. State law treats many issues the same as opposite-sex couples, but outcomes depend on marital status and family structure. Knowing your options helps you protect your interests and make informed decisions.

Marriage and divorce under Ohio law

If you married legally, Ohio law treats your separation like any other divorce. Courts divide property acquired during the marriage and address spousal support when appropriate. You also must resolve issues related to children, including custody and support. These rules apply regardless of gender, so the focus stays on fairness and the child’s best interests.

Separation for unmarried couples

Unmarried same-sex couples do not use divorce courts to end a relationship. Instead, property disputes follow contract or property law principles. If both partners contributed to shared assets, the court may examine agreements or financial records to decide ownership. This process can feel complex, especially when no written agreement exists.

Parental rights and responsibilities

Parenting issues often create the biggest concerns during separation. If both partners legally adopted a child or both appear on the birth record, Ohio courts treat each parent equally. When only one partner holds legal parent status, the other may need to seek recognition through adoption or court orders. Courts focus on stability, involvement, and the child’s daily needs when resolving these disputes.

Financial considerations after separation

Separating couples must also address support and shared expenses. Married couples may face spousal support questions, while unmarried couples usually rely on private agreements. Child support follows statutory guidelines when legal parentage exists. Reviewing income, expenses, and assets early helps reduce conflict and delays. Same-sex couples separating in Ohio have clear legal paths, but the right option depends on marital status, parentage, and shared property. Understanding these distinctions allows you to plan effectively and protect what matters most. With accurate information, you can approach the process with confidence and realistic expectations.