King v. King
2013 Ohio 3070
Ohio Ct. App.2013Background
- King and Laura King (Craig) are divorcing; post-decree parenting-time disputes ongoing since 2004.
- Guardian ad litem Leslie Graske was appointed in 2010 to address parenting-time issues.
- King objected to Graske, filing multiple motions to remove her; trial court denied initial motions.
- A May 2012 order continued Graske’s appointment due to ongoing contentious proceedings.
- The court ultimately denied King’s motion to remove Graske, and King appealed.
- The issue is whether the denial of removal is a final, appealable order and whether the denial constituted an abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of removal of the guardian ad litem is final and appealable | King contends denial is not final in light of ongoing issues | Guardian ad litem/defendants argue denial affects a substantial right in a special proceeding | Yes, final and appealable under R.C. 2505.02(B)(2) |
| Whether the trial court abused its discretion in denying removal of the guardian ad litem | King asserts bias and failure to discharge duties | Guardian ad litem performed duties; disagreement with orders does not show abuse | No abuse; denial upheld |
Key Cases Cited
- Gabriel v. Gabriel, 6th Dist. Lucas No. L-08-1303, 2009-Ohio-1814 (Ohio 2009) (removal of GAL; post-decree custody context; abuse of discretion standard)
- Longo v. Longo, 11th Dist. Geauga No. 2010-G-2998, 2011-Ohio-1297 (Ohio 2011) (denial of GAL removal not final where issues remain pending)
- State ex rel. Papp v. James, 69 Ohio St.3d 373, 1994 (Ohio 1994) (finality of orders in special proceedings under R.C. 2505.02(B)(2))