Background

• Mother and Father dissolved their marriage in 2003; the dissolution order incorporated a shared parenting plan designating Mother as the primary residential parent and legal custodian for their son, with Father as residential parent following a 2006 order after relocation issues.
• Mother sought to relocate the child to Texas in 2005 and requested reallocation of parental rights to accompany her; the trial court denied the relocation and retained Father as residential parent with liberal visitation.
• Mother filed multiple motions to reallocate since 2006; the court bifurcated the most recent 2009 motion and held four days of hearings in 2011 focused on whether there was a change in circumstances under R.C. 3109.04(E)(1)(a).
• Evidence included testimony and an in camera interview of the child; the court concluded there had not been a change in circumstances since Father was named residential parent in 2006.
• Mother appealed; this Court previously dismissed a related appeal for non-timely brief filing, then revisited the matter after a separate attorney fees order was resolved, leading to the current appeal.

Issues

Key Cases Cited

• Davis v. Flickinger, 77 Ohio St.3d 415 (Ohio Supreme Court, 1997) (change in circumstances must be substantial)
• Wyss v. Wyss, 3 Ohio App.3d 412 (Ohio App. 1982) (stability in custodial arrangements favored)
• Miller v. Miller, 37 Ohio St.3d 71 (Ohio Supreme Court, 1988) (abuse of discretion standard in custody decisions)
• Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio Supreme Court, 1983) (custody matters require deferring to trial court demeanor and credibility)
• In re Schwendeman, 4th Dist. No. 06CA33, 2007-Ohio-815 (Ohio 4th Dist.) (precludes reliance on prior decree as change in circumstances)
• Pryor v. Hooks, 9th Dist. No. 25294, 2010-Ohio-6130 (Ohio 9th Dist.) (age/maturity plus other factors considered for change in circumstances)