Sheridan v. Hagglund
2014 Ohio 4031
Ohio Ct. App.2014Background
- The parties were divorced in 2009; Sheridan was designated residential parent of I. H.
- A 2010 agreed entry allowed relocation to South Carolina and long-distance parenting time with a detailed schedule.
- In 2011, Appellant Hagglund sought to reallocate residential parent status; mediation failed and a hearing followed.
- In 2012 the court modified parenting time and allowed a minimum of three weekly phone calls; contempt was later asserted by Hagglund for denied phone visitation.
- By 2013 the court denied Hagglund’s contempt claim and denied his motion to reallocate residential parent status.
- The court ultimately affirmed its custody decision, keeping Sheridan as residential parent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sheridan’s admitted denial of phone visits supported contempt | Hagglund contends contempt proven by admission | Sheridan’s conduct violated the order and mooted the issue | No contempt; evidence moot and compliance shown |
| Whether the trial court abused discretion in denying reallocation of residential parent | Hagglund argues changed circumstances favor him for school purposes | Sheridan's Washington relocation and other factors justify current custody | No abuse of discretion; custody awarded to Sheridan supported by evidence |
Key Cases Cited
- Clyburn v. Gregg, 2011-Ohio-5239 (4th Dist. Ross No. 11CA3211) (civil contempt standard and burden of proof)
- Rivera v. Rivera, 2001-Ohio-7095 (Natl. Equity Title Agency, Inc. v. Rivera, 147 Ohio App.3d 246) (contempt mooted when compliance moot)
- Alessio v. Alessio, 2006-Ohio-2447 (10th Dist. Franklin No. 05AP-988) (civil contempt to compel compliance; moot when settlement)
- Huffer v. Huffer, 2010-Ohio-1223 (10th Dist. Franklin No. 09-AP574) (settlement renders contempt moot)
- Wilson v. Wilson, 2009-Ohio-4978 (4th Dist. Lawrence No.09CA1) (custody decisions warrant deference to trial court)
- Davis v. Flickinger, 1997-Ohio-360 (Ohio Supreme Court) (credibility deference in custody determinations)
- Bechtol v. Bechtol, 1990 (Ohio) (best interests and deference in custody rulings)