Family Law Family law practice encompasses both Juvenile and Domestic Relations Courts. In some counties they are separate courts, in others they have been combined. In Cuyahoga County they are separate. If the parents were not legally married all issues pertaining to the children are handled by the Juvenile Court. If the parents were married the issues are resolved in Domestic Relations Court. In Lorain County the courts are separate but the judges are the same and they are in the same courthouse. In both Domestic Relations and Juvenile Court the standard applied for parenting and visitation is primarily the best interest of the child standard. There is no preference in the law for one parent over the other. Each court has its own rules and resources to assist people in working through the various family law issues. Some courts have very structured departments and programs, some courts have a much looser arrangement. All courts have some sort of Guardian ad Litem program. A Guardian ad Litem (GAL) is a person appointed by the Court to represent the children’s best interest. Depending on the court, the GAL may be an attorney, a social worker, or may have no special training at all. It is the GAL’s job to try to keep the children out of the middle of the conflict between the parents. The GAL will have access to the children, each of the parents and any other person he or she feels it is important to talk with, including therapists, grandparents, neighbors, anyone at all. Each Domestic Relations Court handles Civil Domestic Violence cases. It is not unusual to have both a Civil Domestic Violence Case in the Domestic Relations Court and a Criminal Domestic Violence Case in the Municipal Court involving the same parties at the same time. The difference is in the burden of proof and the consequences of being found guilty. In a Civil Domestic Violence Case a finding of guilt means that a person will not be allowed to return to their home, may not have a visitation or limited visitation with their children and will not be allowed to be near or communicate with their spouse or significant other. In the criminal case a finding of guilt means that a person will go to jail.

Susan M. Weaver Susan M. Weaver Co., L.P.A. 24961 Detroit Road, Suite E Westlake, OH 44145 Phone/FAX (216) 373-2555 e-mail: susan@susanweaverlaw.com

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Copyright ©1998 by Susan M. Weaver, Attorney at Law. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include the above copyright notice.