Ussher v. Ussher, 2011 Ohio 1440

Married in 2000; two children, T.U. (2000, special medical needs) and K.U. (2004).
Melinda filed for divorce in Oct. 2006; final hearing July 23, 2009; final judgment and decree on Dec. 4, 2009.
Trial court awarded the marital residence to Thomas and ordered refinance of a $34,159 mortgage; required Melinda to receive half of equity based on a tax-assessed value of $58,590; alternative sale if refinancing failed within 90 days.
Melinda was named legal custodian and residential parent; Thomas received standard visitation.
Melinda left the marital home in Oct. 2006, giving Thomas sole use of the property for years; mortgage payments during pendency were made by Thomas.
GAL recommended Melinda as custodian; Children Services investigated incidents and found no neglect; Melinda described as a stable caregiver; foreclosure occurred after the decree, potentially affecting equity.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the home equity award to Melinda was equitable	Thomas argues offset equity accrued during pendency should not be split.	Melinda argues equity division reflects continued use and benefit process; mortgage periods justify share.	No abuse; equity awarded to Melinda affirmed.
Whether Melinda as custodian/residential parent was in the children's best interests	Thomas asserts best-interest factors support shared parenting.	Melinda argues factors, including GAL recommendation, favor her as custodian.	No abuse of discretion; Melinda affirmed as custodian and residential parent.

Galloway v. Khan, 2006-Ohio-6637 (Ohio App. 6th Dist. 2006) (supports consideration of primary caregiver in custody)
In re N.M., 2010-Ohio-5048 (Montgomery App. 2010) (primary caregiver factor emphasized in best-interest analysis)
Francis v. McDermott, 2009-Ohio-4323 (Darke App. 2009) (abuse-of-discretion standard in custody rulings)
Townsend v. Antioch Univ., 2009-Ohio-2552 (Ohio - appellate mootness) (judicial notice for mootness considerations)