In re M.A.H., 2012 Ohio 2318

Mother and Father litigated custody of M.A.H., with Father seeking custody under R.C. 2151.23(A)(2).
Magistrate set pretrials; Mother often did not appear; service was not complete, yet a guardian ad litem was appointed.
Magistrate found service perfected via mail to an New Jersey address and noted trial notice sent to that address.
Mother relocated to New Jersey; Father claimed lack of visitation since 2010 and that he provided for M.A.H. at his home.
Guardian ad litem recommended custody to Father; court adopted the magistrate’s decision designating Father as residential parent and legal custodian.
Mother later moved to vacate the judgment under Civ.R. 60(B), arguing she was never properly served; the trial court denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the judgment was void for lack of personal jurisdiction due to defective service	Mother never received service of Father’s custody application	Father complied with service on the case	Judgment void; service not perfected; court lacked jurisdiction
Whether Civ.R. 60(B) was applicable to challenge a void judgment based on service defects	Civ.R. 60(B) governs voidable judgments and challenges to lack of personal jurisdiction	Civ.R. 60(B) not required for lack of service	Civ.R. 60(B) not applicable to lack of service; nonetheless judgment vacated on jurisdiction grounds

Rafalski v. Oates, 17 Ohio App.3d 65 (8th Dist. 1984) (uncontested affidavits can overcome service presumption)
Clark v. Glassman, 2003-Ohio-466 (8th Dist.) (unchallenged testimony on service neglected by trial court error)
Nowak v. Nowak, 8th Dist. No. 80724, 2003-Ohio-1824 (8th Dist. 2003) (presumption of proper service rebuttable by evidence)
Holm v. Smilowitz, 83 Ohio App.3d 757 (4th Dist. 1992) (proper service essential to acquire personal jurisdiction)
Strothers v. Madden, 1998 WL 741909 (8th Dist. 1998) (presumption of proper service subject to rebuttal by evidence)