In re R.C., 2011 Ohio 4641

Mother appeals trial court decision designating father as R.C. III's residential parent and legal custodian.
Prior to 2009, R.C. lived with mother with significant visitation; in 2009 she planned to move to Tennessee with child.
In Oct. 2009 the parties agreed R.C. would reside with father in Cuyahoga County pending custody determination.
A custody hearing resulted in a magistrate's decision designating father; trial court adopted it and mother appealed, later dismissed for lack of final order.
In Nov. 2010 an interim visitation agreement was approved; mother again challenged the residential-parent designation; this appeal concerns the need for independent review of the magistrate's decision.
The court ultimately held that it failed to conduct an independent de novo review and dismissed the appeal, remanding for proper proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court properly conducted an independent de novo review.	Mother contends no independent de novo review was performed.	Father contends the court properly reviewed the magistrate's decision.	The appeal is dismissed and remanded for proper independent review.

Knauer v. Keener, 143 Ohio App.3d 789 (2001) (de novo review required; magistrate is not independent authority)
Savioli v. Savioli, 99 Ohio App.3d 69 (1994) (trial court abuses discretion ruling on objections without transcript)