2013 Ohio 1051
Ohio Ct. App.2013Background
- Thompson and Downing have a child, A.T., born April 29, 2008; parties were never married; Downing has had temporary custody since 2011.
- May 19, 2011 Downing filed a motion for custody change; June 14, 2011 Gayle Thompson (maternal grandmother) filed a custody motion.
- July 22 and 26, 2011 and September 1, 2011 hearings occurred; August 5, 2011 judgment addressed motions and scheduled a September 1, 2011 custody hearing.
- September 2, 2011 trial court awarded Downing legal custody of the child.
- Appellants appeal arguing bias/ due process (assignment I) and abuse of discretion in custody award (assignment II); trial court’s bias claim rejected and custody affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court deprived Thompson of due process through bias | Thompson alleges magistrate biased in July 22 hearing | Downing argues no demonstrated bias; questioning aligned with evidentiary rules | Bias claim denied; no substantial bias shown |
| Whether the trial court abused discretion in awarding custody to Downing | Changing custody to nonparent (grandmother) was improper | Record supported best interests favoring Downing; evidence sufficient | Custody award to Downing affirmed |
Key Cases Cited
- In re Perales, 52 Ohio St.2d 89 (Ohio 1977) (nonparent custody requires parental unsuitability showing for award to nonparent)