Myers v. Myers
2012 Ohio 2282
Ohio Ct. App.2012Background
- Divorce between Jeffrey and Dawn Myers in 2004; initial award named Dawn residential parent, later reallocation of all parental rights to Jeffrey in 2009; Myers appealed and this Court affirmed; after that, Myers sought more parenting time and the court ordered mediation; Jeffrey moved to Arkansas with notice of relocation under R.C. 3109.05.1; Myers opposed relocation with motions for custody change, TRO, and guardian ad litem; hearing held on relocation and related motions, resulting order allowing relocation, modifying Myers’ parenting time, and scheduling settlement conference.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the relocation order is a final appealable order | Myers argues the decision is interim visitation | Myers’ argument is not persuasive; order affects substantial rights | Final order; appeals jurisdiction proper under R.C. 2505.02(B)(2) and 2501.02 |
| Whether the court properly handled the guardian ad litem issue | Ms. Myers preserved motion for new guardian ad litem due to alleged bias | Guardian ad litem issue not ripe for review | Premature; not ripe; proper discretion to delay ruling pending settlement conference |
| Whether the court erred by not interviewing the child | Under R.C. 3109.04(B)(1), court should interview child upon request | Under 3109.05.1(C), interview is discretionary for relocation-related matters | Not required to interview; the court was considering only parenting time revision, not allocation of parental rights |
| Whether the parenting time modification was unreasonable or unconscionable | Court deprived Myers of parenting time by relocation | Court properly weighed factors under R.C. 3109.05.1(D) and limited time was reasonable given circumstances | Not unreasonable or unconscionable; schedule temporarily modified pending further hearing |
Key Cases Cited
- Keller v. Columbus, 100 Ohio St.3d 192 (2003-Ohio-5599) (ripe controversy required for justiciability; discretionary timing of guardian ad litem)
- State v. Hunter, 151 Ohio App.3d 276 (2002-Ohio-7326) (court lacks authority to review trial-court bias rulings in disqualification)
- Shih v. Byron, 2011-Ohio-2766 (9th Dist.) (affidavit of disqualification not reviewable by appellate court; bias not within its power to resolve)
- Papp v. James, 69 Ohio St.3d 373 (1994) (divorce/custody proceedings are special proceedings; substantial rights analysis)
- Humphrys v. Putnam, 172 Ohio St. 3d 456 (1961) (statutory review of final orders; general review authority by appeal)
- State v. Collins, 24 Ohio St.2d 107 (1970) (constitutional basis for appellate jurisdiction over inferior court judgments)