Rafeld v. Sours
2014 Ohio 4242
Ohio Ct. App.2014Background
- Cassie Sours (now Zona) and Tyler Rafeld are unmarried parents of daughter T.R., born 2007; Rafeld signed the birth certificate.
- Rafeld filed a motion to allocate parental rights on November 27, 2012; paternity was established January 31, 2013.
- A magistrate hearing (March 12, 2013) recommended Rafeld be named residential parent and legal custodian and recommended terminating his child support effective November 27, 2012.
- Appellant filed objections to the magistrate’s decision; the trial court adopted the magistrate’s decision (modifying summer visitation) on February 20, 2014.
- Appellant appealed, raising (1) ineffective assistance of counsel, (2) failure to hold an in camera interview of the child, and (3) error in retroactively terminating appellee’s child support obligation.
Issues
| Issue | Plaintiff's Argument (Sours) | Defendant's Argument (Rafeld) | Held |
|---|---|---|---|
| 1. Ineffective assistance of counsel in initial custody determination under R.C. 3109.042 | Counsel misinformed Sours that mother presumptively remains custodian; failed to treat parents as equal per statute | Civil ineffective-assistance claim is not a proper ground for reversal here; no exception applies | Overruled — no relief; precedent bars civil ineffective-assistance claims in this context |
| 2. Failure to conduct in camera interview of child under R.C. 3109.04(B)(1) | Court was required to interview T.R. (plaintiff requested it) | Request for in camera interview was made after magistrate’s decision; trial court has discretion to take additional evidence under Civ.R. 53 | Overruled — no requirement here given timing and court’s discretion |
| 3. Retroactive elimination of appellee’s child support obligation to date of motion | Court erred by terminating child support retroactively without evidentiary calculation | Motion put parties on notice; absent special circumstances retroactivity to notice date is proper | Overruled — court did not abuse discretion in terminating support effective Nov. 27, 2012 |
Key Cases Cited
- Phillis v. Phillis, 164 Ohio App.3d 364 (Ohio App. 2005) (civil litigant’s claim of ineffective assistance of counsel generally not a ground for reversal)
- Roth v. Roth, 65 Ohio App.3d 768 (Ohio App. 1989) (same principle regarding civil ineffective-assistance claims)
- Booth v. Booth, 44 Ohio St.3d 142 (Ohio 1989) (child support reviewed for abuse of discretion)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (standard for finding abuse of discretion)
- Boyer v. Boyer, 46 Ohio St.2d 83 (Ohio 1976) (rules control statutes on procedural matters when conflicts arise)