Collier v. Smith
2023 Ohio 1553
Ohio Ct. App.2023Background:
- Mother was awarded custody of two children (then ages 14 and 16) in June 2019; father had parenting time.
- Father filed a custody modification petition in September 2020 after the children lived with him starting March 2020 when mother left them in his care and did not contact them for months.
- Father alleged mother denied his visitation from June 2019 to March 2020, then unexpectedly ceded custody; mother later demanded their return but failed to meet multiple exchange attempts; she provided no support or visits while they lived with father.
- Father said he tried to enroll the children in school but was blocked by mother; the children finished school remotely and reported a strong wish to live with father; mother acknowledged their wish and explained she left them due to behavioral issues.
- A magistrate found a change in circumstances and that a custody change was in the children’s best interest; the juvenile court adopted the magistrate’s decision; mother objected but did not supply a transcript and appealed, arguing lack of change in circumstances and that the best-interest analysis over-weighted the children’s wishes.
- On appeal, the court reviewed for abuse of discretion (and plain error as to unobjected findings) and affirmed the juvenile court’s award of legal custody to father.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether father proved a change in circumstances under R.C. 3109.04(E)(1)(a) | Collier: The magistrate erred; the “change” was merely mother leaving the children and is insufficient | Smith: The children lived with father for over a year, mother denied visitation and support, and residence change + other facts show changed circumstances | Court: No plain error; the residence change plus supporting findings constituted a sufficient change in circumstances |
| Whether awarding custody to father was in the children’s best interest; whether children’s wishes were overweighted | Collier: Court gave excessive weight to children’s wishes and abused discretion in best-interest balancing | Smith: Children strongly desired to live with father; mother repeatedly denied parenting time and was less willing to facilitate visits; other R.C. 3109.04(F) factors favored father | Court: No abuse of discretion; court considered relevant R.C. 3109.04(F) factors, reasonably weighed them, and permissibly credited children’s wishes and parents’ conduct |
Key Cases Cited
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (1997) (plain-error standard in civil cases is limited to rare circumstances that seriously affect fairness or integrity of the judicial process)