A guardianship is a legal arrangement in which a court appoints a person, known as a guardian, to make decisions and take care of another person, known as a ward, who cannot care for themselves. Guardianships are typically established for individuals who cannot make decisions for themselves due to factors such as age, disability, or incapacity. There are two types of guardianships; Guardianship of the person and Guardianship of the estate A guardianship of the estate is a person who is responsible for the day-to-day care and well-being of the ward, while a guardian of the estate is responsible for managing the ward’s financial affairs.

Guardianships are important in several ways:

1. They protect individuals who are unable to make decisions or care for
   themselves.
2. They ensure that the ward’s physical and financial needs are met by appointing someone to
   manage their care and finances.
3. They can help with financial exploitation or abuse of the ward by having someone with legal
   authority to manage their financial affairs.
4. They help with decision-making for the ward as the appointed guardian acts as a substitute
   decision maker for the ward.
5. They can help with the continuity of care as the ward can continue to love in familiar
   surroundings or with familiar people.
6. Guardianships are typically established through the probate court and can be costly, so it is
   important to consider if there are alternative options such as powers of attorney, trusts, or living
   wills before seeking guardianship.

Asking a court to issue an order of protection is one of the last things anyone wants to think about; however, if you or your loved ones are involved in an abusive or otherwise dangerous relationship, it is important to know to whom to turn for help. You can call the police to report an act of violence, but how do you keep the perpetrator away?

Domestic Violence Civil Protection Orders (DV-CPO), pursuant to Ohio Revised Code 3113.31 are issued by the Court of Common Pleas, Domestic Relations Division, when the parties involved are family or household members. You can seek an order of protection for yourself, your children, or on behalf of any family or household member in one of three counties – where you (the Petitioner) reside, where the Respondent resides, or in the county where the incident occurred.

Who qualifies as a family or household member? Pursuant to Ohio law, a family or household member can be a person who is residing or has resided with the Respondent at some point in the past. This can include a spouse, a former spouse, a foster parent, a child, or any other person related by love or affection to the Respondent. A family or household member can also be a person living as a spouse with the Respondent. In order to determine if you are “living as a spouse,” courts will look at factors such as whether you are currently living with or have lived with the respondent in the past five years, whether you had a common law marriage until October 1, 1999, whether you were involved in a same- sex relationship, or if you were involved in an intimate relationship with the Respondent while sharing family and/or financial responsibilities. A family or household member could also be someone who had never resided with the Respondent, but who shares a child with him or her.

Domestic Violence Civil Protection Orders are issued in response to violent threats or acts. This could include domestic violence, assault, felonious assault, any sexually oriented offense, or any other attempt to cause bodily harm. It also includes threats which place you in fear of imminent physical harm. It is not required that criminal charges be filed, but you must be able to substantiate the claims that you are making with evidence.

Once you ask the court for the DV-CPO, an ex parte hearing is held on the day of the filing. An ex parte hearing means that you present the evidence you have to the judge or magistrate, but the Respondent is not present at the hearing. A magistrate may conduct the hearing and grant or deny the DV-CPO without requiring the judge’s approval for it be final. If your request at the ex parte hearing is granted, the Order is effective once signed and filed with the clerk, but only until the expiration date. The matter will then be set for a full hearing, so the Respondent has a chance to be heard.

DV-CPOs are designed to ensure the safety and protection of all protected parties. To that end, they can offer many different types of relief. They can evict Respondents and give exclusive use of the family home to the protected parties, temporarily allocate parental rights and responsibilities, require the Respondent to maintain support for the protected parties or the children, prohibit the Respondent from going near the parties, require the Respondent to seek counseling, or any other relief that the court determines is equitable and fair. Another important form of relief DV-CPOs offer is a firearms disability notice, prohibiting the Respondent from using or possessing any firearms. If the Respondent violates the Order, he or she could be found in contempt of court or even be prosecuted for the violation.

DV-CPOs are typically good for a period of five years, unless a sooner expiration date is sought; however, they are renewable in the same manner that the original was issued or approved.

Article contributed by Stephanie Anderson

A Guardian ad Litem (GAL) is a person that gets appointed by the court to make a recommendation as to the child’s best interest. In some counties in Ohio, only attorneys act as GALs. In other counties in Ohio, people volunteer to act as GALs through the CASA (court-appointed special advocate) program. Either parent can request a GAL, or the court can appoint a GAL on the court’s own motion.

Once the GAL is appointed, they will contact both parents to set up a home visit and begin their investigation. The GAL will speak to each parent, the child, any siblings, the child’s teacher, and the school administration. The GAL reviews records, speaks with other family members, watches the child’s interaction with both parents, and provides the court with a written report that provides detailed information about their investigation. The GAL report will also make a recommendation regarding what is in the child’s best interest.

The GAL will testify in court regarding their report, and the court will consider the GAL’s recommendation when issuing the final order.

In Ohio, one parent can have sole custody or the parents can share parenting time. In a sole custody arrangement, one parent decides on everything from medical care to decisions regarding the child’s school. In shared parenting, both parents can make decisions for the child.

When determining whether sole custody or shared parenting will be ordered, the courts consider what is in the child’s best interests. There are several factors that the court considers when making that decision, including the following: each parent’s wishes and the wishes of the children; how the children feel about each parent’s home and community; if either parent has withheld the children from the other parent; whether the parents can communicate with each other regarding the children; and the recommendation of a guardian ad litem.

The court will typically have a model visitation schedule, in which the children live with one parent most of the time, having parenting time with the other parent every other weekend and additional days during the week.

Parents can agree on a different schedule than the court’s model visitation schedule if they find that there is a schedule that works better for their family, such as spending one week with the mother and the following week with the father.

The court’s model visitation schedule can be found on the court’s website, and the Ohio Supreme Court has some model visitation schedules available to review.

Written by Karen Hummel at KarenHummelLaw.com.