Larbig v. Larbig, 2017 Ohio 7288

Parties divorced in 2013; final decree incorporated a shared parenting plan for daughter G.L. (b. 2009) with alternating weekend and summer schedules and mother designated for school enrollment.
After divorce, father (Glenn) repeatedly alleged mother (Lisa) or her boyfriend was abusing G.L.; child services investigated and deemed allegations unsubstantiated.
Both parents later filed motions seeking sole custody/termination of shared parenting; court ordered a custody evaluation (Dr. Afsarifard) and considered a pre-divorce guardian ad litem (GAL) report.
Magistrate recommended terminating shared parenting and naming mother residential parent and legal custodian; father given alternating weekend parenting time; father objected.
Trial court adopted the magistrate’s decision; father appealed arguing (1) the court improperly relied on pre-decree GAL material and (2) the decision was against the manifest weight of the evidence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether court could consider GAL report containing facts predating the prior decree when terminating shared parenting	Larbig: R.C. 3109.04(E)(1)(a) permits modification only on facts arising after prior decree, so pre-decree GAL material is barred	Larbig contends GAL material is relevant only if it fits post-decree standard; Lisa: termination is governed by R.C. 3109.04(E)(2)(c) and best-interest factors, so pre-decree facts may be considered	Court: R.C. 3109.04(E)(2)(c) governs termination; best-interest analysis applies and court may consider GAL report even if it contains pre-decree facts
Whether the magistrate’s factual findings (mother’s health, corporal punishment, visitation cooperation, father’s parenting and behavior) lacked evidentiary support or were against manifest weight	Larbig: Evidence shows he is better suited; challenges findings about mother’s health, her past corporal punishment cessation, visitation makeup, and conclusions that father dotes, allows unhealthy choices, and would alienate the mother	Lisa: Evidence and expert/GAL observations supported magistrate’s findings; alleged abuse reports and parental interactions justified concern about alienation and stability	Court: No abuse of discretion; magistrate’s credibility determinations and best-interest conclusion were supported by record

State v. Ferranto, 112 Ohio St. 667 (Ohio 1925) (standard defining "abuse of discretion" as judgment not supported by record or reason)