{¶ 2} The record reflects that Birt and appellee Susan Hillison married in 1979. They had two children during the marriage, Natalie and Heather, both of whom now are emancipated. Birt and Hillison obtained a dissolution of their marriage in 1989. They then had a third child, M.B., who was born in 1991. Following M.B.'s birth, the Champaign County Juvenile Court awarded custody of her to Hillison. In 1996, Hillison moved to Wisconsin and took M.B. with her. Birt remained in Ohio. Sometime in 2002, Birt filed a motion seeking custody of M.B., who was twelve years old at the time. The primary basis for the motion was M.B.'s desire to live with her father. The parties appear to have resolved the motion through an agreed entry that is not part of the present record, and no change of custody was ordered.
{¶ 3} Birt commenced the present action on April 20, 2005, seeking a change of custody of M.B., who then was fifteen years old. Once again, the primary basis for the motion was M.B.'s stated desire to live with her father. A magistrate appointed a guardian ad litem, held a hearing on the motion, and interviewed M.B. in camera. Thereafter, the magistrate filed a decision sustaining Birt's motion, awarding him custody, and designating him M.B.'s residential parent. In so doing, the magistrate applied R.C. §
{¶ 4} Hillison filed timely objections to the magistrate's decision in which she challenged each of the foregoing three conclusions. In a December 30, 2005, ruling, the trial court sustained Hillison's objection to the magistrate's finding of a change in circumstances. The trial court found no change in circumstances within the meaning of R.C. §
{¶ 5} In his sole assignment of error, Birt contends the trial court's ruling is an abuse of discretion and is against the weight of the evidence. Although Birt's specific argument is somewhat difficult to discern, he appears to contend that a change in circumstances does exist, that the trial court should have considered M.B.'s desire to live with him, and that the factors set forth in R.C. §
{¶ 6} Under Ohio law, a court may modify a prior decree allocating parental rights if it finds that a change in the circumstances of the child or residential parent has occurred, that modification is necessary to serve the best interest of the child, and that the harm likely to be caused by a change of environment is outweighed by the advantages to the child. See R.C. §
{¶ 7} We begin our review with the language of R.C. §
{¶ 8} The Ohio Supreme Court has recognized that the change in circumstances contemplated by the statute "must be a change of substance, not a slight or inconsequential change." Davis,
{¶ 9} In determining whether a change in circumstances has occurred, "a trial judge must have wide latitude in considering all the evidence before him or her[.]" Id. Although a child's advancing age alone does not qualify as a change in circumstances, the aging of a child combined with other related considerations "may constitute a sufficient change of circumstances to warrant a change in custody." Id. at 420; see also Boone v. Kaser (Aug. 28, 2001), Tuscarawas App. No. 2001AP050050 ("[T]he passage of time during a significant developmental portion of a child's life, combined with other pertinent factors, such as the child's expressed desires to reside with mother, supports [a] trial court's finding of a change of circumstances, requiring further inquiry by a trial court"); Butler v. Butler (1995),
{¶ 10} We note too that a change in circumstances must be shown "based on facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree." R.C. §
{¶ 11} In the present case, the magistrate found a change in circumstances, reasoning as follows:
{¶ 12} "The Magistrate finds that the requirement of §
{¶ 13} "In this case we have a fifteen year old young lady who is a good student and does not appear to be immature. She has consistently, over the last three years, requested that her desire to change her residence be heard and granted. In addition, there are problems with respect to the relationship between [M.B.] and her step-father.
{¶ 14} "Based upon the foregoing findings, the Magistrate finds a sufficient change of circumstances has occurred to move to the next step of best interests of the child." (Doc. #68 at 7).
{¶ 15} The trial court rejected the magistrate's conclusion, reasoning as follows:
{¶ 16} "* * * The Magistrate accurately stated that a change of circumstances may occur as a result of the child's wishes while also considering all other circumstances of the case. * * *
{¶ 17} "With respect to [the magistrate's] findings, it must be noted that the desire of [M.B.] to live with her father is not new — there is no change in her desire, only her age. After reviewing the record, the Court does not believe it establishes that the problems experienced by [M.B.] and her step-father are significant.
{¶ 18} "Also, the record clearly indicates that [M.B.] continues to have a good relationship with her mother with whom she lives, she is doing reasonably well in school, she is actively engaged in extra-curricular activities and is fully supported in these things by her mother, albeit, in the minds of some, too much so. All of these factors have also existed for some time. There is no change here.
{¶ 19} "The Court is consequently of the opinion that the requisite change of circumstances for a change of custody has not been established and that the Plaintiff's objections are well taken." (Doc. #76 at 1).
{¶ 20} Upon review, we are troubled by the trial court's finding that "the desire of [M.B.] to live with her father is not new — there is no change in her desire, only her age." The trial court reached this conclusion based on the fact that M.B.'s desire to reside with Birt was raised in connection with his 2002 motion for a change of custody. As noted above, however, the question is not whether circumstances have changed since the filing of Birt's unsuccessful 2002 motion. Rather, the question is whether circumstances have changed since the trial court's issuance of the decree that allocated parental rights.1Pathan, supra; Gaines, supra. The trial court allocated parental rights shortly after M.B.'s birth in 1991. Therefore, the issue is whether M.B.'s maturation over the past fifteen years, combined with her expressed desire to live with Birt and any other circumstances in this case, constitute a change in circumstances sufficient to warrant inquiry into the other requirements of R.C. §
{¶ 21} Unfortunately, the trial court improperly limited its review to the last three years. In so doing, it determined that M.B.'s desire to live with Birt was not new and, therefore, could not support a finding of changed circumstances. Because the trial court's decision is based on a misapplication of the law to the facts, we find that it constitutes an abuse of discretion. SeeJetters v. Spectra-Physics Laserplane, Inc. (May 16, 1997), Montgomery App. No. 16150. Accordingly, we hereby reverse the trial court's judgment and remand the matter for the trial court to determine whether there has been a change in circumstances since the filing of the decree that allocated parental rights shortly after M.B.'s birth in 1991. If the trial court finds that a change in circumstances has been shown, it then should proceed to address the other requirements of R.C. §
{¶ 22} Judgment reversed and cause remanded.
Fain, J., and Donovan, J., concur.