2019 Ohio 667
Ohio Ct. App.2019Background
- Child L.D. was born in 2012; paternity was established in 2013 naming Darr Robinson as the father and ordering child support.
- In 2016 the maternal grandmother, Hellen Douglas, intervened and sought legal custody after the mother entered drug rehabilitation; Robinson sought temporary custody at times and received visitation.
- Guardians ad litem and multiple hearings on allocation of parental rights occurred in 2017; the magistrate found no evidence of domestic violence or abuse and named Robinson the residential parent in a March 22, 2018 decision.
- Douglas timely filed objections and asked the trial court to accept additional evidence that arose after the hearings under Civ.R. 53(D)(4)(d)/Juv.R. 40(D)(4)(d); she attached exhibits she said were unavailable at the hearing.
- The trial court overruled Douglas’s objections, declined to hear the additional evidence, adopted the magistrate’s decision, and Douglas appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by refusing to hear additional evidence under Civ.R.53(D)(4)(d)/Juv.R.40(D)(4)(d) after objections to the magistrate's decision | Douglas argued the evidence arose after the hearings and, with reasonable diligence, could not have been presented to the magistrate, so the court was required to hold a hearing on it | Respondent (court/magistrate adopting party) declined to reopen the record and argued additional evidence need not be heard | Court held the trial court erred: it found Douglas showed the evidence did not exist at trial and therefore the court was required to hold a hearing on the additional evidence; judgment reversed and remanded |
Key Cases Cited
- The opinion primarily relied on unreported/appellate decisions and rule language; no officially‑reported cases with Bluebook reporter citations were relied upon in the opinion.