2019 Ohio 2835
Ohio Ct. App.2019Background
- Parties: Kesorn Wright (formerly Harrison) and Kevin Harrison, divorced parents of one child born Sept. 2011.
- Procedural posture: Divorce 2012 (Wright residential parent); agreed shared parenting plan entered 2015; Harrison moved in 2017 to terminate shared parenting and be named residential parent and legal custodian.
- Trial court held multi-day hearings in 2018 and terminated the shared parenting plan, naming Harrison residential parent and legal custodian. Wright appealed.
- Trial court found parents unable to effectively cooperate/communicate about the child (medical care and medications emphasized), found no history of abuse, and found parents lived sufficiently close for shared parenting.
- Court also found Wright lacked stability (multiple moves, association with a person arrested on drug charges) and Harrison more credible and better able to meet the child’s educational needs (better school attendance/academic support).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly terminated the shared parenting plan | Wright: Court failed to consider required statutory factors and should have maintained shared parenting | Harrison: Termination is permissible if in child’s best interest given parents’ inability to cooperate | Trial court considered statutory factors and termination was in child’s best interest; affirmed |
| Whether a change in circumstances is required to terminate shared parenting | Wright: Implicitly argues continuance of plan required ongoing compliance | Harrison: No change in circumstances required; best-interest standard controls | R.C. 3109.04(E)(2)(c) does not require change; only that termination be in child’s best interest |
| Weight of guardian ad litem (GAL) recommendation | Wright: GAL recommended retaining shared parenting and trial court ignored it | Harrison: Court may consider but is not bound by GAL recommendation | Court considered GAL report but was not required to follow it; court gave greater weight to other evidence |
| Designation of residential parent and legal custodian | Wright: If shared parenting ends, she should be residential parent | Harrison: He is better suited due to stability, credibility, and involvement | Court did not abuse discretion in naming Harrison residential parent and legal custodian; affirmed |
Key Cases Cited
- Miller v. Miller, 37 Ohio St.3d 71 (1988) (trial court custody discretion and deference to firsthand observations)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse-of-discretion standard defined)