In re K.S., 2013 Ohio 216

In February 2008, Mother and Father entered into a shared parenting plan designating both as residential parents for their daughter K.S. born October 16, 2006.
In November 2011, Father moved to modify and sought to designate himself sole residential parent, citing Mother’s planned move to Tennessee and concerns about K.S.’s best interests and stability.
A hearing was initially set for December 19, 2011, but mediation was ordered; after failed mediation, a June 4, 2012 hearing was scheduled, and Mother’s counsel withdrew in May 2012.
At the June 4, 2012 hearing, Mother appeared without counsel, was questioned, and the court permitted Father to present its case first and call Mother on cross-examination.
During the hearing, Mother left the courtroom after a heated exchange; the court granted emergency temporary custody to Father to prevent removal of K.S. from Ohio.
The court found a substantial change in circumstances warranting modification and adopted a standard parenting plan with Mother’s parenting time supervised.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Waiver of counsel at reallocation hearing	Mother impliedly waived rights by conduct and prior counsel withdrawals	R.C. 2151.352 allows waiver by conduct; case law supports implied waiver in this context	Mother impliedly waived her right to counsel; proceeding without appointed counsel was proper
Opening statement and trial process in a juvenile matter	Mother had right to a fair process including opening statements; absence harmed her	Informal juvenile proceeding allowed; failure to offer opening statement did not prejudice	Informal proceeding allowed; lack of opening was not reversible error given circumstances
Admission and authentication of evidence; hearsay	Court admitted exhibits without proper authentication and upheld hearsay against Mother	Mother waived objections by leaving the courtroom; arguments on admissibility waived	Assigns overruled due to failure to preserve error; evidence properly considered in context
Change of circumstances supporting modification	Move to Tennessee and related conduct show change affecting K.S.’s welfare	Any relocation change alone is insufficient; must show adverse effect on child	The court did not abuse its discretion; substantial evidence supported change in circumstances warranting modification

In re A.S., 2010-Ohio-1441 (8th Dist. 2010) (weighs implied waiver when parent abandons counsel and proceedings)
In re Rachal G., 2003-Ohio-1041 (6th Dist. 2003) (waiver inferred from conduct when parent neglects counsel and appearances)
S.M., 2004-Ohio-1243 (8th Dist. 2004) (considerations for waiver and trial conduct in juvenile context)
State v. Leonard, 104 Ohio St.3d 54 (Ohio 2004) (opening statements and trial procedures under due process)
Davis v. Flickinger, 77 Ohio St.3d 415 (1997) (abuse of discretion standard for parental rights modification)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard defined)
Lindman v. Geissler, 171 Ohio App.3d 650 (2007-Ohio-2003) (change of circumstances framework in custody matters)