2022 Ohio 2398
Ohio Ct. App.2022Background
- Parents (Bohannon—father; Lewis—mother) divorced in 2019; mother was designated residential parent and legal custodian of four children; father had alternating-weekend and midweek parenting time and paid child support.
- In 2020 father moved to modify parenting time, seek emergency custody, and filed a contempt (show-cause) motion alleging denial of parenting time and withholding of children’s medical information; mother filed a contempt/back-support motion alleging harassment and noncompliance by father.
- Court ordered a full parenting investigation; social-worker report recommended mother remain residential parent but recommended increased parenting time for father (additional overnights every four weeks) and counseling for children.
- Two-day evidentiary hearing was held; evidence included testimony about withheld medical information, denials of parenting time by mother, and father’s inconsistent exercise of some parenting time; both parents criticized the other’s behavior.
- Trial court denied father’s request to reallocate custody, increased father’s parenting time to alternating weeks (Friday-to-Friday), and deviated child support to $0 based on equal shared parenting time and extended-parenting adjustments; both parties appealed.
Issues
| Issue | Plaintiff's Argument (Bohannon) | Defendant's Argument (Lewis) | Held |
|---|---|---|---|
| Whether custody should be reallocated (father’s motion) | Evidence shows change in circumstances and best-interest factors favor father; mother withheld medical info and denied time | Mother should remain residential parent; presumption favors retaining prior residential parent | Trial court did not abuse discretion; custody not reallocated—mother remains residential parent |
| Whether parenting time modification was in children’s best interest (mother’s challenge) | Increase in parenting time was not in children’s best interest and court misapplied standards | Father’s increased time is justified by social-worker recommendation, parents’ conflict, and father’s steps to address children’s needs | Trial court considered relevant factors (R.C. 3109.051/D) and did not abuse discretion in increasing father’s parenting time to alternating weeks |
| Whether court erred in deviating child support to $0 (mother’s challenge) | Downward 100% deviation lacked competent credible evidence and reused prior decree figures improperly | Shared/extended parenting (147+ overnights) and associated household expenses justify deviation under R.C. 3119.231 | Deviation upheld as not an abuse of discretion; worksheet included mandatory shared-parenting adjustment and deviation for extended parenting time |
| Whether trial court erred in denying contempt (father’s show-cause) | Mother’s denials and withholding of medical information warranted contempt and attorney fees; court improperly relied on unclean-hands | Court found both parents at fault (mother denied time and withheld info; father inconsistent and created drama) so contempt inappropriate | Denial of contempt affirmed; trial court’s discretionary finding that both parties were at fault was not an abuse of discretion |
Key Cases Cited
- Davis v. Flickinger, 77 Ohio St.3d 415 (1997) (trial-court discretion and deference on custody; credibility/demeanor determinations)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (definition of abuse of discretion)
- Miller v. Miller, 37 Ohio St.3d 71 (1988) (presumption that trial-court findings are correct)
- Rohrbaugh v. Rohrbaugh, 136 Ohio App.3d 599 (2000) (rebuttable presumption favoring existing residential parent)
- Braatz v. Braatz, 85 Ohio St.3d 40 (1999) (modification of visitation governed by R.C. 3109.051)
- Marker v. Grimm, 65 Ohio St.3d 139 (1992) (deviation from guideline child support requires journalized findings)
- Denovchek v. Bd. of Trumbull Cty. Commrs., 36 Ohio St.3d 14 (1988) (deference to trial court in contempt proceedings)
- Wyss v. Wyss, 3 Ohio App.3d 412 (1982) (change-in-circumstances must be substantial, to prevent repeated custody challenges)