Thomas v. Thomas
2017 Ohio 8710
| Ohio Ct. App. | 2017Background
- Parents married in Ohio; one child (D.T.) born in Ohio in 2011. Father remained in Mansfield, Ohio; Mother moved to Florida with the child in December 2013 without Father's consent.
- Father filed for divorce and custody in Ohio on October 3, 2014; Mother was served by publication. Mother later moved within Florida and obtained a Florida driver’s license.
- Temporary Ohio orders initially named Mother temporary residential parent but required Mother to bring the child to Ohio for Father’s visitation; Father paid transportation.
- Guardian ad litem (GAL) reported parental conflict, instances of Mother discouraging the child’s relationship with Father, concerns about medical/mental-health follow-up for the child, and recommended Father as residential parent to preserve Father’s role.
- Trial court held hearings and ruled Ohio had jurisdiction under the UCCJEA (home-state jurisdiction), then awarded Father legal custody and residential parent status; Mother appealed.
Issues
| Issue | Plaintiff's Argument (Thomas) | Defendant's Argument (Lillian) | Held |
|---|---|---|---|
| Whether Ohio had jurisdiction under the UCCJEA | Ohio was child’s home state because the child had lived in Ohio with a parent and the temporary absence counted toward the six months | Florida was the child’s home state because the child lived in Florida for six consecutive months before the Ohio filing | Court held Ohio had home-state jurisdiction; the child’s time in Florida was a temporary absence and counted toward the six-month period, giving Ohio jurisdiction under R.C. 3127.15(A) |
| Whether awarding custody to Father was in child’s best interest | Father argued award served child’s best interests given Mother’s interference and lack of follow-through on health/education matters; Father more likely to facilitate visitation | Mother argued awarding custody to Father punished her for moving out of state and was detrimental to the child | Court held there was competent, credible evidence supporting the custody award to Father; trial court did not abuse its discretion in finding Father better able to facilitate visitation and protect the child’s interests |
Key Cases Cited
- Rosen v. Celebrezze, 117 Ohio St.3d 241 (2008) (explains purpose of the UCCJEA and home-state jurisdiction priority)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (defines abuse of discretion standard)
- Davis v. Flickinger, 77 Ohio St.3d 415 (1997) (custody decisions reviewed for abuse of discretion; trial court credibility determinations entitled to deference)
- Miller v. Miller, 37 Ohio St.3d 71 (1988) (trial court’s opportunity to observe witnesses gives it an advantage on custody determinations)