Furbee v. Bittner, 2015 Ohio 4425

Patricia Bittner and William Furbee, non-married, share custody dispute over child R.B. with ongoing visitation since 2004.
In 2012, Bittner moved with R.B. to Washington without Furbee’s consent, prompting emergency custody actions.
R.B. thrived in Washington; GAL later recommended custody change to Furbee, then revised to keep with Bittner.
Psychological evaluations were ordered; R.B. returned to Ohio in December 2013 and resumed visitation with Furbee.
Magistrate granted Furbee legal custody in June 2014; trial court adopted, interim orders contested on appeal.
GAL and others appealed; appellate court affirmed based on substantial evidence supporting change of custody and best interests.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Change of custody warranted by new circumstances?	Bittner argues no substantial change.	Furbee contends substantial changes since decree.	Yes; change of circumstances found and custody modified.
Magistrate erred in terminating child support?	Bittner asserts support termination lacked factual support.	Furbee notes past under/enforcement justified adjustment.	No error; support terminated February 2013 properly as a matter of record.
Interim school transfer order proper under Juv.R. 40?	Bittner challenges emergency transfer absent motion/emergency.	Furbee argues adoption of custody makes transfer moot.	R.B.’s school placement upheld as consequence of custody change; moot.

Miller v. Miller, 37 Ohio St.3d 71 (Ohio 1988) (standard for change of custody; appellate deference to trial court rulings)
Davis v. Flickinger, 77 Ohio St.3d 415 (Ohio 1997) (requires substantial, not minor, change in circumstances)
Wyss v. Wyss, 3 Ohio App.3d 412 (10th Dist. 1982) (change of environment vs. best interests framework)
Cascioli v. Cent. Mut. Ins. Co., 4 Ohio St.3d 179 (Ohio 1983) (rejection of advisory opinions; proper scope of appellate review)