Clyburn v. Gregg
2011 Ohio 5239
Ohio Ct. App.2011Background
- Mother appeals a Ross County Juvenile Division decision involving custody and contempt regarding her child born in 2005.
- A 2006 Shared Parenting Plan provided primary residence with Mother and alternating Father visitation; summer three-week visitation to Father.
- Disputes over visitation and developmental concerns led to extensive filings, including contempt motions and requests to terminate the plan.
- Magistrate (2008) found Mother in contempt for denying Father summer visitation; later orders terminated the Shared Parenting Plan and designated Father as residential parent.
- Guardian ad litem recommended termination of the Shared Parenting Plan with Father as residential parent and liberal visitation for Mother; trial court adopted and awarded Mother companionship under a standard schedule.
- This court previously remanded and concluded the 2009-2010 entries were not final appellate orders, culminating in the 2011 judgment affirming in part and dismissing in part.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Contempt finality and appealability | Mother seeks review of contempt finding. | No final order due to lack of sanction. | No final appealable order on contempt; jurisdiction lacking for this issue. |
| Termination of Shared Parenting Plan and designation of residential parent | Termination unsupported by change in circumstances; harm to Mother’s role. | Court considered factors and found termination in Child’s best interest. | Abuse of discretion; termination and designation affirmed. |
| Mother’s parenting time beyond standard schedule | Mother entitled to more liberal visitation given workload and child not yet in school. | Court’s standard schedule serves child best; guardian recommendations not binding. | No abuse of discretion; standard companionship schedule affirmed. |
| Contempt of Father for tardiness or expenses | Father habitually tardy and unpaid prenatal/birth expenses justify contempt. | Evidence insufficient to prove contempt by clear and convincing standard for Father. | Court did not abuse discretion; Father not found in contempt. |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard in custody matters)
- Cooper v. Cooper, 14 Ohio App.3d 327 (Ohio App. 1984) (final contempt order requires sanction; no sanction = no final appealable order)
- Pater v. Pater, 63 Ohio St.3d 393 (Ohio 1992) (counsels weighing of best interests in custody decisions)