In re L.L.
2020 Ohio 5609
Ohio Ct. App.2020Background
- Parents are the mother and father of L.L., born September 12, 2018; father filed for legal custody on January 15, 2019.
- Court ordered interim supervised visitation; mediation failed and father later moved for contempt alleging mother denied visitation.
- Magistrate awarded father legal custody and weekly parenting time (Mon 7:00 p.m. to Fri 7:00 p.m.); mother initially refused to comply with the order.
- Father retrieved the child after the magistrate’s decision but mother filed objections (staying the order) and then took the child back, thereafter allowing limited supervised visits.
- Juvenile court overruled mother’s objections, adopted the magistrate’s decision, and mother appealed, arguing the court abused its discretion on the best-interest determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court abused its discretion in awarding legal custody to father under the child’s best-interest standard | Mother: the court erred; awarding father custody was not in L.L.’s best interest | Father: court correctly concluded father more likely to honor and facilitate parenting time; record shows mother impeded visitation | Court affirmed: no abuse of discretion; trial court properly applied best-interest factors and relied on competent, credible evidence |
Key Cases Cited
- Davis v. Flickinger, 77 Ohio St.3d 415 (appellate courts must defer to trial-court credibility and demeanor determinations; should not substitute their judgment)
- Bechtol v. Bechtol, 49 Ohio St.3d 21 (appellate courts will not reverse a judgment supported by competent, credible evidence)