O'Malley v. O'Malley, 2013 Ohio 5238

Mother and Father were married 2000; separated 2003; divorced 2006; two children P.O. (2001) and C.O. (2002).
Guardian ad litem appointed; shared parenting plan implemented in 2006.
Post-decree litigation began 2008 seeking modification of parental rights; interim residential custody placed with Mother during Father’s federal prison term.
Interim Order (April 12, 2012) tasked reunification therapy and parent coordination; found Mother failed to engage Father and that reunification required therapy.
Trial court ultimately terminated the shared parenting plan and designated Father as residential parent and legal custodian, with Mother’s parenting time contingent on therapy success; Mother appeals eleven assignments of error.
Court upheld final judgment, affirming Father as residential parent and rejecting Mother’s challenges to due process, privacy, visitation, and related rulings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Due process and reliance on outside evidence	Mother argues structural due process error from reliance on nontrial evidence.	Father contends Mother had notice and opportunity at status conference; no structural error.	No structural error; final judgment affirmed.
Validity of Interim Order and change in best interest	Mother claims Interim Order voidable and final judgment impermissibly changed best interest without sworn testimony.	Court had discretion to reconsider; notice and participation occurred.	Court acted within discretion; no due process violation.
Privacy rights and cameras in home	Mother argues cameras violate children’s privacy.	Cameras serve safety and record of interactions; GAL recommended videotaping.	Not a violation of privacy; consistent with safety goals.
Visitation suspension or modification	Mother argues visitation rights were improperly restricted.	Court found mother fostered alienation; suspension was appropriate to protect children.	Temporary suspension of visitation within court’s discretion.
Child support worksheet and litigation expenses	Court failed to attach a current child support worksheet; GAL/expert fees as child support.	Worksheet not journalized; equitable due to ongoing litigation; fees taxable as child support.	No reversible error; worksheet not required to alter outcome; fees justified.

Neder v. United States, 527 U.S. 1 (Supreme Court 1999) (structural errors are very limited and not automatic in civil cases)
Troxel v. Granville, 530 U.S. 57 (Supreme Court 2000) (parental rights are fundamental; visitation rights require extraordinary circumstances)
In re J.M., 2008-Ohio-6763 (8th Dist. 2008) (due process effects in custody determinations; notice and opportunity to be heard)