In re Dissolution of Marriage of Early v. Early
2016 Ohio 8413
| Ohio Ct. App. | 2016Background
- Parties divorced by dissolution (2008) with a shared parenting plan; Allison (Appellant) designated residential parent for school purposes.
- Over several years both parties filed repeated motions to modify/terminate the shared parenting plan and multiple notices of intent to relocate; extensive procedural history with remands, magistrate hearings, and objections.
- Magistrate conducted hearings (2013–2014) and issued findings: denied termination, modified parenting time and child support; recommended continuation of shared parenting as in children's best interests.
- Appellant repeatedly failed to file transcripts of magistrate hearings with the trial court and this Court when required by App.R. 9, despite making factual claims on appeal.
- Trial court adopted the magistrate’s 43 factual findings and concluded no changed circumstances justified terminating or redesignating the residential parent; appellate court affirmed.
Issues
| Issue | Plaintiff's Argument (Allison) | Defendant's Argument (Stephen) | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in denying Allison’s motion to terminate or modify the shared parenting plan (residential parent for school) | Shared parenting should be terminated: parents cannot co-parent; children prefer termination and to attend Hubbard schools; GAL recommended termination as in children’s best interest | Magistrate’s factual findings support continuation of shared parenting; no compelling change of circumstances justifies redesignation | Affirmed: trial court’s adoption of magistrate’s findings supported; no abuse of discretion |
| Whether appellate review was precluded by failure to provide hearing transcripts | Argued facts and testimony show error below (but provided no transcripts) | Lack of transcripts prevents review of factual challenges; must presume lower court proceedings valid | Held: appellant waived factual challenges by failing to file transcripts; appellate review limited to record and questions of law; affirmed |
Key Cases Cited
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197, 400 N.E.2d 384 (Ohio 1980) (where necessary transcript portions are omitted, appellate court presumes validity of lower-court proceedings)
- Miller v. Miller, 37 Ohio St.3d 71, 523 N.E.2d 846 (Ohio 1988) (R.C. 3109.04 governs custody modification discretion)
- Bechtol v. Bechtol, 49 Ohio St.3d 21, 550 N.E.2d 178 (Ohio 1990) (child custody determinations supported by competent, credible evidence will not be reversed absent abuse of discretion)
- State v. Skaggs, 53 Ohio St.2d 162, 372 N.E.2d 1355 (Ohio 1978) (appellant must demonstrate error by reference to the record)
- State ex rel. Duncan v. Chippewa Twp. Trustees, 73 Ohio St.3d 728, 654 N.E.2d 1254 (Ohio 1995) (failure to provide transcript with objections to magistrate’s decision limits appellate review)