Ward v. Rippe
2017 Ohio 5505
Ohio Ct. App.2017Background
- Parties: Mother (Brittany Rippe) and Father (Ryan Ward) divorced; son born Sept. 2012. Initial decree (Feb. 2013) named Mother residential parent; Father had alternating long weekends.
- Father moved (June 2015) to modify parental rights, seeking sole custody or shared parenting, alleging Mother’s unstable lifestyle and unsanitary/cluttered home (photos/video showing apparent feces and clutter).
- Hearings: Three-day evidentiary hearing (Oct. 2015 limited to change of circumstances; May 2016 on best interests). Testimony from Mother, Father, and Mother’s ex-husband Nicholas Lewis. Parties disputed home conditions, supervision, and child behavioral/therapeutic needs.
- Magistrate found a change in circumstances and recommended Father be designated sole residential parent and legal custodian; Mother granted alternating weekend parenting time.
- Mother objected to the magistrate’s decision and filed supplemental objections late; trial court overruled timely objections and declined to consider untimely supplemental objections per local rules. Mother appealed.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| Whether trial court failed to perform independent de novo review of magistrate’s decision by refusing to consider supplemental objections | Court refused to consider supplemental objections and thus didn’t independently review the magistrate’s decision | Court complied with Civ.R. 53 and local rule timing; it reviewed timely objections and the transcript | Court: No error; independent review occurred as to timely objections; supplemental objections were untimely and properly not considered |
| Whether trial court erred by allowing Mother’s ex-husband (Lewis) to testify and failing to investigate counsel conflict of interest | Trial court had duty to inquire into potential conflict because Mother’s counsel previously represented Lewis; remand for inquiry/disqualification needed | No party moved to disqualify; Lewis was merely a witness; no showing of prejudice | Court: No plain error; no duty to further investigate absent motion; no prejudice from counsel’s prior representation |
| Whether the magistrate’s custody change violated manifest weight of the evidence | Evidence favored Mother: she was involved in care/therapy; Father exaggerated; Lewis biased; home issues explained as temporary | Evidence supported Father: photos, corroborating testimony, Mother’s credibility issues, Father’s stable home and employment | Court: Not against manifest weight; substantial credible evidence supported designating Father residential parent |
| Whether Mother’s credibility and evidence of child’s behavioral needs were properly considered | Mother’s testimony and pursued therapies showed care and need for continuity with her as custodian | Court could discount Mother’s credibility and note lack of expert proof of ongoing treatment necessity; Father didn’t observe same behaviors | Court: Proper to weigh credibility and lack of medical expert testimony; stability favored Father |
Key Cases Cited
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (Ohio 1997) (plain-error doctrine in civil cases applies only in extremely rare and exceptional circumstances)
- Schade v. Carnegie Body Co., 70 Ohio St.2d 207 (Ohio 1982) (plain error standard description for civil cases)
- State v. Gillard, 64 Ohio St.3d 304 (Ohio 1992) (criminal-law authority on counsel conflict inquiries cited for contrast)
- Holloway v. Arkansas, 435 U.S. 475 (U.S. 1978) (criminal conflict-of-interest precedent)
- Cuyler v. Sullivan, 446 U.S. 335 (U.S. 1980) (criminal conflict-of-interest standard)
- Wood v. Georgia, 450 U.S. 261 (U.S. 1981) (criminal conflict-of-interest principles)
- 155 N. High v. Cincinnati Ins. Co., 72 Ohio St.3d 423 (Ohio 1995) (court must investigate motion to disqualify counsel but has discretion)
- Davis v. Flickinger, 77 Ohio St.3d 415 (Ohio 1997) (custody awards supported by substantial credible evidence will not be reversed on manifest-weight review)