Savage v. Savage
2015 Ohio 5290
Ohio Ct. App.2015Background
- Seth T. Savage and Sandra M. Savage (now Thacker) divorced by dissolution; they had a shared-parenting plan for two children and agreed Huntington School District initially, later switching to Western Local School District in Pike County.
- Parties exercised week-to-week physical custody; both were residential parents while children were with each.
- Thacker moved to Scioto County (Northwest Local School District) and sought to terminate shared parenting or be designated residential parent for school purposes; Savage sought designation as residential parent for school purposes so children remain in Western Local School District.
- Guardian ad litem (GAL) evaluated the children, met school staff, and recommended the children remain in Western Local School District; report was stipulated into evidence as a joint exhibit.
- Trial court designated Savage residential parent for school purposes and ordered children remain enrolled in Western Local School District; Thacker appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility/use of GAL report | Thacker: GAL report failed Sup.R. 48 standards; court erred in considering it | Savage: Parties stipulated to admit report; it should be considered | Court: Error invited/waived by stipulation; admission stands |
| Whether designation of residential parent for school purposes was against manifest weight of evidence | Thacker: Trial court failed to properly apply R.C. 3109.04 best-interest factors; children should attend Northwest Local School District | Savage: GAL recommended staying in Western; children rooted there and doing adequately; change would be disruptive | Court: No abuse of discretion; competent, credible evidence (GAL recommendation and father’s testimony) supports designation; not against manifest weight |
Key Cases Cited
- Bechtol v. Bechtol, 49 Ohio St.3d 21 (Ohio 1990) (custody awards will not be reversed if supported by substantial, credible evidence)
- Davis v. Flickinger, 77 Ohio St.3d 415 (Ohio 1997) (standard of review for custody determinations)
- Rogers v. State, 143 Ohio St.3d 385 (Ohio 2015) (distinguishing waiver from forfeiture in appellate review)
- Pettet v. Pettet, 55 Ohio App.3d 128 (Ohio Ct. App. 1988) (importance of obtaining Civ.R. 52 findings when challenging manifest weight)
- State v. Rohrbaugh, 126 Ohio St.3d 421 (Ohio 2010) (invited error/waiver principles)