This is the 22nd installment in a series by Virginia Cornwell, a Columbus Ohio Divorce Lawyer and an Ohio State Bar Association Certified Family Relations Specialist. Virginia is one of approximately 100 attorneys in Ohio to have received this honor. Divorce litigation has its share of dirty tricks, maybe more than its share of dirty tricks. This article is part 3 of our series on Dirty Divorce Tricks. When we say “dirty”, that’s not a good thing. Dirty is not meant to be another word for clever. More like an expensive and mostly unproductive waste of time.
DIRTY TRICK NO. 11: TRYING TO MOVE THE CHILD FAR AWAY FROM THE OTHER PARENT. This one is especially popular. Courts understand the desire to move closer to your family if your marriage ends, but that does not necessarily mean that the court thinks it is in the best interest of the child. Some people like to present it to the court as their only option, as a survival issue. This can back fire, with the court perceiving the other parent as more stable. Ohio courts generally like a child to have frequent access to both parents, and will expect both parents to make great compromises to make that happen. While a court cannot tell a parent where to live, a court CAN tell a parent whether they can move the child.
DIRTY TRICK NO. 12: HAVING YOUR PARENTS FILE A MOTION FOR GRANDPARENT VISITATION IN AN ATTEMPT TO EXPAND YOUR OWN PARENTING TIME. Puh-lease. Courts see right through this one. Unless the grandparent is alienated from their own child, courts do not take this one seriously. If the grandparent IS alienated from their own child, or says that they are, the court generally carves out some time from their own child, not the other side. This tactic falls flat from the get go.
DIRTY TRICK NO. 13: PLAYING GAMES WITH THE OTHER PARENT’S VISITATION. Typically this dirty trick manifest in ways such as not answering the phone when it is the other parent’s turn to talk to the children, not sending appropriate clothing, playing games about sending and receiving the child’s belongings, having an overabundant number of illnesses, suddenly enrolling the child in a bunch of extra-curricular activities, you name it. The child is the pawn here. NOT. GOOD.
DIRTY TRICK NO. 14. HACKING THE OTHER PARENT’S EMAIL OR COMPUTER. Illegal, unwise, and very risky. Better to ask for what you want in discovery, including inspection of your spouse’s computer by an expert of your choice (if you think there is something really, really valuable on there). Most of what you NEED to prove you can prove another way.
DIRTY TRICK NO. 15: STALKING THEIR FACEBOOK, TWITTER, INSTAGRAM, ETC. ACCOUNT. Be warned about what you post on the internet while you are in litigation.
You may also find some of these articles in our divorce series to be of interest:
Adultery, Annulment, Alimony (Spousal Support), Best Interest of the Child, Child Custody, Child Custody Jurisdiction, Child Support (deviation), Child Support (how much), Child Support (how to pay), Child Support (lower), Child Support (myths), Child Support (resources), Child Support (sign up),Contempt, Dissolution, Divorce Basics, Divorce Myths, Foreclosure Mediation, Grandparents, Guardian ad Litem, House, How Long Your Divorce May Last, International Abduction,Legal Separation, Mediation, Moving, Packet of Forms vs. Getting a Lawyer, Prenuptial Agreements (Antenuptial Agreements), Shared Parenting,Temporary Orders, Temporary Orders Affidavits, Where to File for Divorce
DISCLAIMER – READ IT, IT IS INFO YOU NEED TO KNOW.