In re J.K., 2014 Ohio 5502

Minor child born May 2012; initial custody order designated mother as residential parent.
November 21, 2013 father filed custody complaint after mother did not return child.
December 12, 2013 pretrial order continued mother as residential parent with father receiving companionship.
February 12, 2014 pretrial order modified visitation to a four-night father, ten-night mother schedule until trial.
April 21, 2014 court designated mother as residential parent with father: companionship every other Thursday; found no evidence to change custody.
Father appeals; Seventh District reverses and remands to reconsider under proper best interests test, on equal footing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did court apply proper original-allocation best interests test and equal footing?	Father argues court misapplied law by not using equal footing.	Mother contends order followed appropriate framework for residential designation.	First assignment sustained; remand for proper best interests analysis.
Is the residential designation by the court in the child's best interests?	Father asserts designation is not in best interests and against evidence.	Mother asserts designation aligns with evidence and needs.	Merits cannot be reviewed due to remand for proper test; remanded for reconsideration.

Davis v. Flickinger, 77 Ohio St.3d 415 (Ohio Supreme Court 1997) (abuse of discretion standard in custody decisions; deference to trial judge)
Pater v. Pater, 63 Ohio St.3d 393 (Ohio Supreme Court 1992) (rigorous review of trial court's custodial determinations)
Miller v. Miller, 37 Ohio St.3d 71 (Ohio Supreme Court 1988) (emphasizes trial court credibility findings in custody cases)
In re S.S.L.S., 2013-Ohio-3026 (7th Dist. (Ohio)) (original vs. modification custody framework; equal footing in initial designation)
Lipp v. Lipp, 2011-Ohio-5759 (7th Dist. (Ohio)) (no mandatory per-factor recitation; court may discuss relevant best interests factors)