2024 Ohio 170
Ohio Ct. App.2024Background
- Fadi S. Asbanyoli and Jennifer Haddadin, married in 2012, have three minor children, all with varying mental and physical health concerns, including autism spectrum disorder.
- Asbanyoli filed for divorce in Franklin County, Ohio, in 2019; both parties sought to be named residential and legal custodian of the children.
- The trial court appointed a guardian ad litem (GAL) for the children; temporary joint custody was ordered during the pendency of the case.
- The GAL ultimately recommended shared parenting, but the parties failed to agree to a parenting arrangement and engaged in continuous, highly contentious litigation.
- After a multi-day trial, the trial court granted divorce on grounds of incompatibility, awarded sole legal and residential custody to Haddadin, and set child support at $490.37 per month for Asbanyoli, declining to deviate from Ohio child support guidelines.
Issues
| Issue | Asbanyoli's Argument | Haddadin's Argument | Held |
|---|---|---|---|
| Whether trial court abused discretion in awarding sole legal custody and residential parenting to Haddadin | Prior joint custody indicates shared parenting should continue; court erred by deviating from temporary orders | Shared parenting is not feasible due to inability to cooperate; best interests support sole custody | No abuse of discretion; evidence supported sole custody to Haddadin |
| Whether trial court erred by not deviating from child support guidelines | Parties have nearly equal parenting time and similar incomes, warranting downward deviation | Court's calculation followed guidelines; deviation not justified | No abuse of discretion; deviation was not mandatory |
Key Cases Cited
- Miller v. Miller, 37 Ohio St.3d 71 (Ohio 1988) (establishes standard of review for custody decisions as abuse of discretion).
- Holcomb v. Holcomb, 44 Ohio St.3d 128 (Ohio 1989) (appellate courts should not substitute their judgment for trial courts on custody).