Category Archives: Family Law

Oral Argument Preview: What Does It Mean to “Willfully Abandon” a Mother During Her Pregnancy? In the Matter of: The Adoption of P.L.H.

On June 21, 2017, the Supreme Court of Ohio will hear oral argument in the case of In the Matter of: The Adoption of P.L.H., 2107-0173. At issue in this case is whether the putative father willfully abandoned the … Continue reading

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Oral Argument Preview: Validity of Permanent Surrender Agreement in Adoption Case. In re: (C.C.S.), (C.L.S.) v. Adoption by Gentle Care.

Update: On October 27, 2016, by a vote of 4-3, this case was dismissed as improvidently accepted. Voting to dismiss were Chief justice O’Connor, and Justices O’Donnell, Lanzinger and O’Neill. Justices Pfeifer, Kennedy, and French dissented. 

Read an analysis … Continue reading

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Case Preview: How Far Does the Statutory Obligation of Reunification Go for Children’s Services Agencies? In the Matter of: A.J. Adjudged Neglected Child.

Update: On December 20, 2016, the Supreme Court of Ohio, by a vote of 5-2, held that the children services agency properly followed the rules in refusing to place A.J. in substitute care with a relative. See, In re … Continue reading

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Court Dismisses As Improvidently Accepted Property-Division Dispute Over Oil and Gas Signing Bonus. Kuhn v. Kuhn.

On July 14, 2015, by a vote of 5-2, the Supreme Court of Ohio sua sponte dismissed as improvidently accepted Kuhn v. Kuhn, 2015-Ohio-2806.  The issue in the case was whether a signing bonus for oil and gas rights … Continue reading

Posted in Family Law, Merit Decisions, Ohio Supreme Court Watch, Property | Tagged , , , |

What’s On Their Minds: Are Oil and Gas Rights Marital or Separate Property In A Divorce? James P. Kuhn v. Kelly L. Kuhn n/k/a Cottle.

Update: On July 14, 2015, the Supreme Court of Ohio dismissed this case as improvidently accepted.  Read more about that here.

On May 5, 2015, the Supreme Court of Ohio heard oral argument in the case of James … Continue reading

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Oral Argument Preview: Are Oil and Gas Rights Marital or Separate Property In A Divorce? James P. Kuhn v. Kelly L. Kuhn n/k/a Cottle

Update: On July 14, 2015, the Supreme Court of Ohio dismissed this case as improvidently accepted.  Read more about that here.

Read the analysis of the oral argument here.

On May 5, 2015, the Supreme Court of Ohio … Continue reading

Posted in Family Law, Ohio Supreme Court Watch, Oral Argument Preview, Property, Student Contributors | Tagged , , |

What Happened on Remand: Daniel v. Daniel. Dividing an Unvested Military Retirement Benefit.

Case Background

Christen and Sean Daniel were married in 1995 and were divorced in 2011. The only real asset of the parties was Sean’s military retirement benefit. Sean had enlisted in the National Guard shortly before the parties married. At the … Continue reading

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Merit Decision: Court May Exclude Child From Disputed Custody Modification Proceeding. In re A.G.

On June 19, 2014 the Supreme Court of Ohio handed down a merit decision in In re A.G., 2014-Ohio-2597. In a 5-2 opinion authored by Chief Justice O’Connor, the Court held that in ongoing child-custody litigation arising from a … Continue reading

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Merit Decision: Unvested Military Retirement Benefits Are Marital Property Subject to Division in a Divorce. Daniel v. Daniel.

Read what happened when this case was remanded here.

On March 26, 2014, the Supreme Court of Ohio handed down a merit decision in Daniel v. Daniel,  2014-Ohio-1161. By a vote of 4-3, … Continue reading

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Merit Decision: Court Makes Domestic Violence Convictions Easier. State v. McGlothan.

On January 16, 2014, the Supreme Court of Ohio issued a merit decision in State v. McGlothan,  2014-Ohio-85. In a 4-3 decision written by Justice O’Donnell, for himself, Chief Justice O’Connor, and Justices Pfeifer and Kennedy, the Court held … Continue reading

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