J.L. v. T.L.
2016 Ohio 7109
Ohio Ct. App.2016Background
- Parties divorced in 2012; father was named residential parent under a shared parenting plan rotating custody every five days; no child support ordered.
- In 2015 mother filed to terminate shared parenting and change custody, citing father’s post-dissolution criminal charges and marijuana use.
- Hearing before a magistrate elicited testimony that father used and promoted marijuana (including posting a video), drove the children without a valid license, and permitted two problematic houseguests (a convicted sex offender and a recovering heroin addict) to live with him.
- Magistrate found a change of circumstances, named mother residential parent, and ordered father to pay child support of $354.31/month.
- Trial court overruled father’s objections, adopted the magistrate’s decision, and father appealed; the appellate court affirmed.
Issues
| Issue | Father’s Argument | Mother’s Argument | Held |
|---|---|---|---|
| Whether a sufficient change of circumstances occurred to permit modification under R.C. 3109.04 | No — father’s drug use, criminal behavior, and anger issues were known before dissolution | Yes — father’s subsequent criminal charges, 2015 marijuana promotion, unlicensed driving with children, and problematic houseguests are post-decree changes | Court: No abuse of discretion in finding a substantive change of circumstances based on post-dissolution incidents |
| Whether the custody change was in the children’s best interests under R.C. 3109.04(F)(1) | Change is not in children’s best interests; trial court misapplied factors | Change serves children’s best interests given safety concerns, father’s limited availability, and driving without a license | Court: No abuse of discretion; trial court properly weighed factors and credibility |
| Whether naming mother residential parent was an abuse of discretion | Naming mother was error, trial court ignored investigator’s report and misapplied law | Naming mother appropriate given change and best-interest findings | Court: Affirmed; no abuse of discretion in awarding custody to mother |
Key Cases Cited
- Davis v. Flickinger, 77 Ohio St.3d 415 (Ohio 1997) (change-in-circumstances must be "of substance," not slight or inconsequential)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse-of-discretion standard for appellate review of fact-based rulings)
- Sayre v. Hoelzle-Sayre, 100 Ohio App.3d 203 (Ohio App. 1995) (standard that best-interest custody determinations are reviewed for abuse of discretion)