Gillum v. Gillum
2011 Ohio 2558
Ohio Ct. App.2011Background
- In 2002, Gillum and Davies divorced with a shared-parenting plan; Davies designated residential parent with Gillum having visitation.
- In 2006, Davies moved with the children to Georgia; an Agreed Order modified visitation to substantial summer breaks.
- In 2009, Gillum moved for change of residential parent rights due to alleged marijuana use and supervision issues; Davies sought termination of shared parenting and contempt for medical expenses; guardian ad litem appointed.
- In September 2010, a magistrate denied Gillum’s change-of-residential-parent request, named Davies residential/sole custodian, kept visitation, and held Gillum in contempt for $396 medical expenses; imposed cooperation and monitoring requirements.
- Gillum objected; the trial court adopted the magistrate’s decision; Davies remained residential parent; Gillum appealed on custody and contempt but not on terminating shared parenting.
- The court affirmed, holding no change of circumstances or best interest warranted a custody modification and the contempt finding was supported.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Modification of custody requires change in circumstances | Gillum contends circumstances changed | Davies argues no change warranted | No abuse; no change warranted |
| Contempt for medical expenses | Gillum disputes payment obligation | Davies alledged nonpayment and improper basis | Contempt affirmed; 30 days to purge |
| Assessment of marijuana use in parenting decisions | Gillum argues risk and bad example | Davies’ past drug use weighed with other factors | No custody change; discretion to balance factors executed properly |
| Effect of social media and supervision on best interests | Gillum argues postings show poor supervision | Davies limited postings; supervision adequate | No change in custody based on posted content; discretion upheld |
Key Cases Cited
- Fisher v. Hasenjager, 116 Ohio St.3d 53 (2007-Ohio-5589) (modification requires change in circumstances and best interest)
- Miller v. Miller, 37 Ohio St.3d 71 (1988-Ohio-) (broad discretion in custody matters)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard)