In re A.S.
2013 Ohio 4170
Ohio Ct. App.2013Background
- A.S., Jr. (born 2008) is the child of Stephanie W. and Arvis S., Sr.
- In 2009, A.S., Jr. was adjudicated dependent and a juvenile court placed temporary custody with Summit County Children Services Board.
- A.S., Jr. was later placed with Mother’s aunt and uncle, Mary and Carl P., who obtained legal custody.
- Father challenged Relatives’ custody arrangement on appeal; this Court remanded for further proceedings (2013-Ohio-1975).
- Father filed a motion for contempt alleging Relatives denied him visitation; a magistrate denied the motion and the trial court adopted that decision.
- The appeal challenged the trial court’s decision to adopt the magistrate’s denial of contempt on the ground that Father’s undisputed testimony showed Relatives rebuffed visitation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in adopting the magistrate’s contempt denial | Father asserted Relatives denied visitation and the undisputed testimony supported contempt | Relatives did not deny visitation; Father failed to exercise his visitation | No abuse; adoption of magistrate’s decision affirmed |
Key Cases Cited
- Melick v. Melick, 2013-Ohio-1418 (9th Dist. Summit No. 26488, 2013) (abuse of discretion standard applies to magistrate decisions; de novo for legal issues)
- Young v. Young, 2011-Ohio-4489 (9th Dist. Summit No. 25640, 2011) (abuse of discretion standard; review of magistrate decisions)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion if attitude is unreasonable or unconscionable)
- Foster v. Foster, 2010-Ohio-4655 (9th Dist. Wayne No. 09CA0058, 2010) (issues of law reviewed de novo)
- Malson v. Berger, 2005-Ohio-6987 (9th Dist. Summit No. 22800, 2005) (lower court contempt rulings reviewed for abuse of discretion)