Dappert v. Dappert
2017 Ohio 2704
| Ohio Ct. App. | 2017Background
- Bobbie and Ashley Dappert divorced after separating in April 2014; they have two minor children.
- Trial court granted Bobbie temporary residential custody in April 2014; a July 2, 2014 agreed temporary order set specific parenting time for Ashley.
- A Guardian ad Litem (GAL) was appointed and recommended Bobbie as residential parent; no shared parenting.
- Final hearing occurred; the magistrate recommended naming Bobbie residential parent after analyzing R.C. 3109.04(F) factors; Ashley objected.
- Trial court adopted the magistrate’s decision; Ashley appealed, raising (1) custody award error, (2) improper application of R.C. 3109.04(F)(1) factors, (3) plain error for not reciting the statutory factors in the entry, and (4) failure to find Bobbie in contempt for denying parenting time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether naming Bobbie residential parent was an abuse of discretion/against manifest weight | Ashley: award unsupported; trial court misapplied best-interest analysis | Bobbie: magistrate and GAL evidence supported award; trial court viewed witness credibility | Court affirmed: decision supported by competent, credible evidence; no abuse of discretion |
| Whether trial court failed to apply all R.C. 3109.04(F)(1) factors | Ashley: court committed error by not explicitly applying each statutory factor in its entry | Bobbie: magistrate and GAL analyzed factors; trial court reviewed decision and objections | Court held factors were considered in magistrate’s decision and sufficient facts supported outcome |
| Whether trial court committed plain error by not expressly stating statutory analysis in adoption entry | Ashley: brief adoption entry was deficient and constituted plain error | Bobbie: trial court conducted independent review and adoption was adequate despite brevity | Court: not plain error; independent review evident and brevity not reversible under circumstances |
| Whether court abused discretion by not finding Bobbie in contempt for denying parenting time | Ashley: Bobbie violated temporary orders and should be held in contempt | Bobbie: magistrate considered denials as custody factor; contempt motion effectively denied and not prejudicial | Court: denial of contempt motion not an abuse of discretion; magistrate considered conduct in custody analysis |
Key Cases Cited
- Miller v. Miller, 37 Ohio St.3d 71 (Ohio 1988) (trial court has broad discretion in custody allocations and appellate courts should defer to trial court credibility assessments)
- Davis v. Flickinger, 77 Ohio St.3d 415 (Ohio 1997) (standard for reversing custody decisions is abuse of discretion; trial judge best positioned to assess credibility)
- Bechtol v. Bechtol, 49 Ohio St.3d 21 (Ohio 1990) (custody award must be supported by substantial, credible, competent evidence)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard defined as unreasonable or unconscionable)
- Holcomb v. Holcomb, 44 Ohio St.3d 128 (Ohio 1989) (appellate court should not substitute its judgment for trial court’s in custody matters)
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (Ohio 1997) (plain error in civil cases applied only in extremely rare circumstances affecting basic fairness)