In re K.L.F.
2021 Ohio 2290
Ohio Ct. App. 9th2021Background
- Parents unmarried; daughter (7) and son (6). Mother was residential parent under R.C. 3109.042.
- Father filed for custody in April 2019; Mother later relocated to Tennessee (permanently to Gallatin).
- Magistrate held custody hearing Oct. 2019 and, in a Dec. 11, 2019 decision, awarded legal custody to Father and parenting time to Mother.
- Mother filed non-specific objections; juvenile court held a hearing June 30, 2020, overruled objections, and adopted the magistrate’s decision.
- Mother appealed pro se, alleging Father’s alcohol abuse and sexual‑abuse allegations, improper failure to subpoena witnesses, ICWA violations (children members of an Alaskan tribe), and referencing a CPS case closure.
- Appellate court affirmed, holding Mother waived issues by failing to file specific objections under Juv.R. 40(D)(3)(b); pro se status did not excuse compliance with the rule.
Issues
| Issue | Mother’s Argument | Father’s Argument | Held |
|---|---|---|---|
| Whether awarding legal custody to Father was erroneous | Father abuses alcohol and sexually abused two women; court failed to subpoena witnesses and investigate | Best‑interest findings supported change; Father is more likely to honor/ facilitate parenting time | Waived on appeal for lack of specific objections; adoption of magistrate’s findings affirmed |
| Whether juvenile court erred by not investigating sexual‑abuse allegations / failing to subpoena witnesses | Court should have subpoenaed and investigated alleged sexual‑abuse witnesses | No timely, specific objection below; issues not preserved | Waived for failure to object with particularity; appellate review precluded |
| Whether ICWA applies and was violated | Both children are members of an Alaskan tribe; ICWA protections were ignored | ICWA not properly raised/preserved below (or not applicable as raised) | Waived/not preserved; appellate court declined to review |
| Procedural: adequacy of objections under Juv.R. 40(D)(3)(b) | Pro se status — objections sufficient because Mother noted errors | Juvenile rules require specific, particularized objections; pro se litigants held to same standards | Objections were nonspecific; failure to comply waived issues; pro se status not excusal |
Key Cases Cited
- None — the opinion relies on local/slip appellate decisions and juvenile rules but does not cite authorities with official reporter citations (no official‑reporter cases listed).