Albrecht v. Albrecht
2015 Ohio 4916
| Ohio Ct. App. | 2015Background
- Michael (Father) and Wendy Albrecht (Mother) divorced after separation; three children (ages 9–13 at decision). Primary dispute: allocation of parental rights and child support.
- Mother moved out May 2013; children primarily lived with Father during the week. Mother admitted to alcohol use and multiple affairs; Father accused Mother of inappropriate social media and infidelity and conceded some inappropriate anger-based conduct.
- Psychologist (retained by Mother) and guardian ad litem (GAL) both expressed concerns about Father’s loud, hostile communications with Mother; psychologist later recommended Mother as residential parent after hearing recorded arguments; GAL recommended Mother for stability.
- Trial court held a three-day evidentiary hearing, limiting additional testimony after warnings about time; Mother objected to lack of extra time to present evidence.
- Trial court named Father residential parent and legal custodian, awarded Mother parenting time (including alternating weekends and shared summer time), entered child support order, and split GAL fees 50/50. Both parties appealed (Mother appealed custody and child-support deviation; Father cross-appealed GAL-fee allocation).
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| Whether trial court erred in naming Father residential parent | Mother argued court abused discretion; she is primary caregiver and more stable for children | Father argued he provided stable home and care since Mother left; court should assess best interests | Court affirmed: no abuse of discretion; trial court appropriately weighed R.C. 3109.04 factors and credited Father’s stability despite his outbursts |
| Whether trial court abused discretion by denying Mother extra time to present evidence | Mother argued she was prejudiced by time limits and was denied additional testimony | Father noted both had equal notice and opportunities; Mother’s counsel used time on cross-examining Father | Court affirmed: no abuse of discretion; Mother failed to proffer what additional testimony would show and was warned about time constraints |
| Whether child support should be downwardly deviated for Mother’s extended summer parenting time | Mother argued additional summer time warranted downward deviation under R.C. 3119.22/.23 | Father argued deviation not automatic; guidelines protect children and court has discretion | Court affirmed: no abuse of discretion; Mother did not prove deviation necessary or in children’s best interests |
| Whether trial court erred in ordering parties to split GAL fees 50/50 | Mother did not contest fee split; not applicable | Father argued GAL was biased and report flawed, so he should not pay half | Court affirmed: no abuse of discretion; record showed independent GAL investigation and no evidence of bias or fundamental flaws |
Key Cases Cited
None (opinion cites prior appellate decisions by district and this court without official reporter citations only).