In re G.M., 2017 Ohio 8144

Child G.M., born 2009; mother (appellee) was designated residential parent in an agreed judgment; father (appellant Benjamin Ward) had every-other-week visitation Thu 6:00 p.m. to Tue 3:30 p.m.
In Aug 2013 mother enrolled G.M. in a full‑week Head Start preschool to address speech, social skills, and kindergarten readiness; she told father preschool would require modifying visitation to weekends only.
Father refused to agree, attempted to pick up G.M. on scheduled Thursdays and was repeatedly denied access over several months; he then moved to reallocate parental rights to make him residential parent and alleged mother made medical decisions without conferring.
Magistrate appointed a guardian ad litem, held evidentiary hearings, conducted an in‑camera interview of the child, and recommended denying the reallocation but modifying visitation to two weekends per month during the school year.
Trial court adopted the magistrate’s decision; father objected, arguing mother’s contempt for the visitation order was a change of circumstances; trial court overruled the objection and denied reallocation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether mother’s interference with visitation (refusing Thursday pickups during preschool) constituted a "change of circumstances" justifying reallocation of residential parent	Ward: Mother’s repeated denial of court‑ordered visitation (found to be contempt) is a material change warranting a best‑interest reallocation	Mother: Preschool enrollment was in child’s best interest; denial of pickup was contextually tied to school schedule and she offered alternative visitation; she acted within custodial schooling rights	Court: No abuse of discretion in finding no change of circumstances; reallocation denied
Whether best‑interest analysis should have been applied to change residential parent despite custodial interference	Ward: The contempt and interference required the court to proceed to best‑interest reallocation analysis	Mother: Her actions were to promote child’s interests (speech, socialization, school readiness) and cooperative alternatives were offered	Court: Did not reach reallocation/best‑interest step because threshold change‑of‑circumstances was not satisfied

Wilburn v. Wilburn, 144 Ohio App.3d 279 (Ohio Ct. App.) (custodial parent’s interference with visitation can be a change of circumstances)
Mitchell v. Mitchell, 126 Ohio App.3d 500 (Ohio Ct. App.) (same principle regarding visitation interference)
Davis v. Flickinger, 77 Ohio St.3d 415 (Ohio 1997) (abuse‑of‑discretion is standard for change‑of‑circumstances determinations)
Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (trial judge credibility determinations entitled to deference)
In re Jane Doe 1, 57 Ohio St.3d 135 (Ohio 1991) (appellate courts should not substitute judgment for trial court in credibility matters)