Myers v. Wade
2017 Ohio 8833
Ohio Ct. App.2017Background
- Parents (Myers and Wade) had a shared parenting plan (Dec. 2013) naming Wade as residential parent for school placement; parenting time allocated to Myers.
- Wade moved to Arizona for health reasons (lupus) in April 2015; children lived with Myers in Ohio after April 2015 under a temporary agreed entry.
- Wade filed for reallocation of parental rights; magistrate continued shared parenting and kept Wade as school-placement parent while modifying Myers’ parenting time for the interstate move.
- Myers objected; trial court adopted the magistrate’s decision, overruled objections, and found maintaining Wade as school-placement parent to be in the children’s best interest.
- Myers appealed, arguing the designation was against the manifest weight of the evidence and contrary to law (R.C. 3109.04(E)(1)(a)).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether designation of school-placement parent after relocation required R.C. 3109.04(E)(1)(a)(iii) showing that harm of change is outweighed by advantages | Myers: court must apply E(1)(a)(iii); Wade’s move harms children and advantages do not outweigh harm | Wade: school-placement designation is a term of the shared parenting plan, so modification governed by E(2), not E(1)(a) | Court: Fisher controls — school-placement is a plan term; E(1)(a)(iii) not required; affirmed trial court |
| Whether keeping Wade as school-placement parent was against manifest weight / an abuse of discretion | Myers: best-interest factors (R.C. 3109.04(F)) favor him since children lived with him and his family is local; Wade’s finances and distance weigh against her | Wade: she’s primary lifelong caretaker, health improved in Arizona, children expressed desire to move, guardian ad litem and magistrate found Wade more likely to comply with parenting time terms | Court: trial court did not abuse discretion and findings are supported by competent, credible evidence; affirmed |
Key Cases Cited
- Fisher v. Hasenjager, 116 Ohio St.3d 53 (2007) (distinguishes modification of shared-parenting "order" from modification of a shared-parenting "plan"; school placement is a plan term)
- In re James, 113 Ohio St.3d 420 (2007) (standards for modifying parental rights and responsibilities under R.C. 3109.04)
- Miller v. Miller, 37 Ohio St.3d 71 (1988) (appellate deference to trial court credibility determinations in custody cases)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (definition of abuse of discretion)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (1978) (standard that judgments supported by competent, credible evidence will not be reversed)