Gibson v. Gibson
2016 Ohio 4996
| Ohio Ct. App. | 2016Background
- Shane (Father) and Jenifer Gibson (Mother) divorced after a long, conflictual marriage; two children (2001 daughter diagnosed with Sanfilippo Syndrome, 2004 son).
- Mother initially received temporary custody; multiple pretrial motions, guardian ad litem appointed, psychological evaluation ordered.
- Magistrate ordered marital debts and homeowner's insurance payments to be split or borne as specified; scheduled a two-day final hearing.
- At final hearing, magistrate recommended Father be residential parent and legal custodian of the daughter, Mother residential parent of the son; magistrate earlier had designated Mother residential parent for school placement purposes.
- Trial court overruled Mother’s objections, affirmed Father as residential parent/legal custodian of the daughter, rejected Mother’s credit claims for certain payments, and sustained Father’s objection so Father (as residential parent) would decide daughter’s school placement.
Issues
| Issue | Plaintiff's Argument (Father) | Defendant's Argument (Mother) | Held |
|---|---|---|---|
| Whether shared parenting should be awarded for the daughter | Opposed shared parenting; argued best interests require single residential parent given lack of cooperation and child’s medical needs | Mother sought shared parenting for daughter | Court affirmed denial of shared parenting; Father designated residential parent and legal custodian (no abuse of discretion) |
| Who should decide the daughter’s school placement | As residential parent, Father should have authority to choose school | Mother contended she should retain school-placement authority as magistrate earlier indicated | Court held residential parent authority includes school choice; trial court may override magistrate recommendation |
| Whether Mother is entitled to credits for payments on credit cards and homeowner’s insurance | Father maintained credits/allocations already addressed by magistrate and not due | Mother sought credits for payments made during pendency of dissolution | Court upheld magistrate’s rulings: credit-card debt split at separation (so no extra credit now) and homeowner’s insurance payments not reimbursable because Mother lived in house post-separation |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (standard for abuse of discretion review)
- Miller v. Miller, 37 Ohio St.3d 71 (1988) (deference to trial court in custody matters due to impact on family)