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.

How you can help your child cope with your divorce in Ohio

2026-08-10T14:31:45Z

Divorce can bring major changes to your family, especially for your child. Your child may feel confused, sad, angry or worried about what comes next. You can help by keeping communication open, maintaining familiar routines and watching for signs that your child needs extra support.

Have an open and honest conversation with your child

Try to explain the divorce in language your child can understand. Younger children may need additional guidance as you talk them through changes in their life, while teenagers may want more details. Give your child honest answers without sharing any information that could make them feel caught between you and your co-parent. Reassure your child that the divorce is not their fault and that both parents still love them. Let them know that some parts of their life will change, but other things will stay the same. Encourage your child to talk about their feelings. They may feel angry, sad, confused or even relieved. Listen without judgment and let them know that their feelings matter. Answer their questions honestly, but avoid discussing private details of the divorce or speaking negatively about the other parent.

Keep your child's routine consistent

Divorce can make your child's daily life feel uncertain. Keeping familiar routines can give them a sense of stability. Try to maintain regular mealtimes, bedtimes and activities. If your child must change schools or move, tell them ahead of time and let them take part in the process when possible. Work with your co-parent to set similar rules and expectations in both homes. Your child may feel more secure when both households follow consistent routines. You do not have to run each household in exactly the same way, but clear and consistent expectations can help your child feel more settled.

Know when your child may need extra help

Pay attention to changes in your child's behavior. Some children may act out, while others may withdraw. You may notice changes in their sleep, eating habits, school performance or relationships with friends. Younger children may also return to earlier behaviors, such as bedwetting or thumb-sucking. If you notice concerning changes, consider talking with a school counselor or therapist. A qualified professional can help your child understand and manage difficult emotions. Many Ohio communities also offer support groups for children whose parents are divorcing or have divorced. These groups can help your child connect with others who have had similar experiences.

Helping your family adjust to change

Helping your child cope with divorce takes patience and understanding. Keep communication open, maintain familiar routines and pay attention to changes in your child's behavior. Most importantly, remind your child that you love them and that you will support them in any way you can. Your family may need time to adapt to these changes. By providing a stable and supportive environment, you can help your child feel more secure as they adjust to life after your divorce.

Do you need a will, a trust or both?

2026-08-03T01:08:39Z

Planning for the future is one of the most important steps you can take to protect your loved ones. Yet many people are unsure whether they need a will, a trust or both. The answer depends on your financial situation, family dynamics and long-term goals. Understanding how these estate planning tools work can help you make informed decisions about your legacy.

What does a will accomplish?

A will allows you to specify how you want your property distributed after your death. It also gives you the opportunity to name an executor who will manage your estate and, if you have minor children, designate a guardian for their care. A will can address many important issues, including:

Who receives your assets
Who administers your estate
Guardianship for minor children
Instructions for certain personal belongings

However, a will generally goes through probate, the legal process used to administer an estate. Probate can take time and may involve court oversight before assets are transferred to beneficiaries.

How is a trust different?

A trust is a legal arrangement that allows a trustee to manage assets for the benefit of designated beneficiaries. Depending on the type of trust, assets placed into the trust may avoid probate, allowing for a more private and efficient transfer of property. A trust may also provide additional benefits, such as:

Managing assets if you become incapacitated
Protecting property for young or financially inexperienced beneficiaries
Simplifying the distribution of certain assets
Offering greater privacy than a probate proceeding

Creating and funding a trust often requires more planning than preparing a will, but it may provide greater flexibility for some families.

Do you need both?

Many estate plans include both a will and a trust because they serve different purposes. For example, a trust may hold significant assets while a "pour-over" will directs any remaining property into the trust after death. A will also remains essential for naming guardians for minor children, even if you already have a trust. The right combination depends on factors such as:

The size and complexity of your estate
Whether you own real estate
Your family structure
Your privacy concerns
Your long-term financial goals

No two estate plans are exactly alike.

Build an estate plan that fits your needs

Estate planning is about more than deciding who receives your property. It is an opportunity to protect your family, reduce uncertainty and provide clear instructions for the future.

An experienced Cincinnati estate planning attorney can evaluate your circumstances, explain whether a will, a trust or both may be appropriate, and help you create a personalized plan that reflects your wishes.

How can an Ohio transfer-on-death affidavit protect your home?

2026-07-21T07:16:08Z

Your home may be one of the most valuable assets you leave behind. An Ohio transfer-on-death (TOD) designation affidavit lets you name who will receive your share of the home after you die without sending the property through probate, the court process for settling an estate. For your family, that may mean less court involvement during an already difficult time.

What control do you keep after filing?

Naming a beneficiary does not give that person ownership rights while you are alive. The designation does not prevent you from selling your interest in the home. You may also change or cancel the designation by recording a new affidavit. You can name multiple people and backup beneficiaries. When you name more than one, they generally receive equal, separately owned shares unless the document says otherwise.

What makes the affidavit valid in Ohio?

You must record the affidavit with the county recorder where the property is located before your death. It must identify the property, your share of ownership, your marital status and your beneficiaries, and you must sign it before a notary. If you are married, your spouse must also sign. This places their dower rights, the right to use part of certain real estate for life, behind the rights of the people you named.

What happens after your death?

A surviving beneficiary must present a follow-up document called an affidavit of confirmation to the county auditor and file it with the county recorder. The filing must include a certified copy of the owner's death certificate. The beneficiary receives the property with any existing mortgage, claims for unpaid debts and other limits on the title. The TOD designation does not prevent the state from seeking repayment for certain Medicaid benefits after you die. If you or a spouse who died before you received Medicaid, the state may still seek repayment from the property when recovery rules apply.

Coordinate the transfer with your estate plan

The affidavit can simplify the transfer of your home, but it applies only to the ownership share described in the document. Reviewing it alongside your will, trusts, beneficiary designations and ownership records can help prevent conflicting instructions and unexpected problems for your family.

What should parents consider before divorcing?

2026-07-17T12:50:14Z

Going through a divorce is a challenging journey, but it generally is even more complex if children are involved. Children can be affected by every decision that’s made during divorce. Parents who are facing this situation should ensure they’re doing what’s best for the children, which is often far easier said than done. Some areas of a child’s life that might be affected by divorce include school routines, extracurricular activities, daily schedules, finances and relationships with both parents. Learning how to make decisions that are in line with the child’s best interests can be beneficial for parents accordingly.

Children may blame themselves

Children sometimes believe they’re the cause of their parents’ divorce, so it’s important for parents to help them see that divorce is an adult decision. It’s often best to speak to the children with both parents present. This gives them a chance to see their parents are committed to a solid parenting relationship. And, it’s an excellent opportunity to show them that they weren’t the cause of the divorce.

Finances will be altered

Divorce inspires major financial changes. It might be necessary to tighten up the budget some; however, it’s usually a good idea to allow the children to remain in their extracurricular activities as long as the finances will allow. While it’s not necessary to give the children a complete account of finances, it’s a good idea to give them basic information, such as letting them know that money is tight if things need to change. One of the most important things for parents to do is to set up their parenting plan as soon as possible. The plan must be based on what’s best for the children. Since there are so many factors to consider when setting up the plan, it can be beneficial to work with a legal professional who is familiar with these matters.

Subrogating a claim after details about liability arise

2026-06-25T17:54:21Z

Insurance companies often sustain financial losses when policyholders need to use their coverage, especially if their claims are significant. Insurance companies may defend against claims when there are questionable details about the situation. They may also be able to recover funds already paid through subrogation when new information comes to light after the company pays a claim. The subrogation process can be relatively complex, and insurance providers often need guidance, especially if there are disputes about liability that cause complications during subrogation attempts.

What is subrogation?

Subrogation is essentially the process of one insurance company seeking compensation from another for a claim already paid. When information reveals that the policyholder was not, in fact, the liable party for the incident, another insurance company that covered the party at fault for the incident may need to reimburse the original insurance provider. For example, health insurance companies can pursue subrogation if they pay claims for care that later turns out to be the result of premises liability scenarios. If someone fell while at a business or a private residence, the premises liability coverage of the company or property owner may technically need to pay the costs of the claim already covered by the health insurance provider that covers the injured person. Subrogation requires a thorough analysis of the claim at issue and of all applicable policies. Negotiations, paperwork and even litigation may sometimes be necessary to secure compensation for a paid claim from another insurance company. Consulting with an insurance defense attorney can help those in the insurance sector minimize unnecessary financial losses and more effectively recoup funds paid through subrogation.

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.