2014 Ohio 4523
Ohio Ct. App.2014Background
- Mother and Father, not married, had a child in 2007; paternity established; Father ordered to pay support and granted liberal visitation.
- In 2011, Mother sought to relocate to Michigan to marry a online fiancé; juvenile court approved agreed parenting time.
- Relocation occurred; Mother did not marry the fiancé and instead began a serious relationship with Jordan Gonzalez, a Tier III sex offender.
- Father learned Gonzalez’s offender status and that the child spent time with him; Father moved to modify custody after a change in circumstances.
- Juvenile court found a change in circumstances and awarded custody to Father, restricting Mother’s visitation and barring Gonzalez from the child’s presence during visits.
- Mother appeals, arguing no change in circumstances and error; appellate court affirms the custody ruling in Father’s favor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a change in circumstances justifies altering custody | Southworth argues no change occurred | Eskins contends relocation with a sex offender constitutes a change | Change existed; custody awarded to Father; no abuse of discretion |
Key Cases Cited
- Davis v. Flickinger, 77 Ohio St.3d 415 (Ohio Supreme Court 1997) (abuse-of-discretion standard in custody decisions)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse-of-discretion requires unreasonable or unconscionable conduct)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (deference to trial court on credibility and demeanor of witnesses)
- Fisher v. Hasenjager, 116 Ohio St.3d 53 (Ohio 2007) (change in circumstances analysis for modification of custody)
- Preece v. Stern, 2010-Ohio-857 (12th Dist. Madison 2010) (definition of change in circumstances and best interests)
- In re Marriage of Faulhaber, 2002-Ohio-3380 (11th Dist. Portage 2002) (recognizes sex-offender involvement as a change of circumstances factor in custody cases)
- Smith v. Smith, 2005-Ohio-6840 (2d Dist. Clark 2005) (custody modification considerations when a parent’s relationship with a sex offender is involved)