M.M.T. v. T.A.T.
2017 Ohio 9126
| Ohio Ct. App. | 2017Background
- Parties married in 2006 and have two minor sons (born 2009 and 2011); mother (appellant) filed for divorce in 2013.
- Guardian ad litem recommended alcohol- and drug-related restrictions only for father (appellee), including no alcohol or marijuana use within 12 hours of or during parenting time and substance-abuse counseling for father.
- At trial the court found father had substance-abuse issues (OMVIs, passing out while caring for infant, marijuana in the home, failure to follow treatment recommendations) and limited his parenting time accordingly.
- The court found no evidence that mother had an alcohol or drug problem and expressly stated her occasional alcohol/marijuana use did not affect her ability to parent.
- Despite that finding, the divorce decree imposed a blanket restriction that neither parent may consume alcohol within 12 hours of or during parenting time.
- Mother moved for a new trial limited to the alcohol restriction; the trial court denied the motion. Mother appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by imposing a 12-hour/no-alcohol restriction on mother despite finding no evidence her alcohol use impaired parenting | The restriction is unsupported by evidence; mother has no alcohol problem and the restriction is an unreasonable intrusion that effectively forbids lawful, social drinking while children are minors | Trial court treated alcohol restriction as a neutral safety measure applicable to both parents (implicitly relying on overall concern for children’s safety) | Reversed as to mother: the alcohol restriction as applied to mother was an abuse of discretion and against the manifest weight of the evidence; remanded to remove that restriction for mother |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse-of-discretion standard explained)
- AAAA Enterprises, Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157 (1990) (definition of an unreasonable decision and requirement of sound reasoning)
- State v. Schiebel, 55 Ohio St.3d 71 (1990) (standard for manifest weight review)
- Donovan v. Donovan, 110 Ohio App.3d 615 (1996) (trial court’s broad discretion in allocating parental rights)