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Davis v. Moran

Court of Appeals of Ohio, Fifth District

June 5, 2006

BRIDGET DAVIS Plaintiff-Appellant
v.
ROGER MORAN Defendant-Appellee

Civil Appeal from the Court of Common Pleas, Juvenile Division, Case No. 203-3112

For Plaintiff-Appellant: JOHN W. AEBI

For Defendant-Appellee: ALAN P. GUSTAFSON

Hon. John W. Wise, P. J. Hon. William B. Hoffman, J. Hon. John F. Boggins, J., JUDGES

OPINION

WISE, P. J.

{¶1} Appellant Bridget Davis appeals the decision of the Knox County Court of Common Pleas, Juvenile Division, which terminated shared parenting and named Appellee Roger Moran as the residential parent of the parties' child. The relevant facts leading to this appeal are as follows.

{¶2} On August 30, 2002, appellee legally acknowledged paternity of Roger L. Moran, Jr., who had been born just a few days prior. On August 1, 2003, appellant filed a complaint to establish child support for Roger, Jr. By judgment entry filed August 12, 2003, appellee was ordered to pay support, and appellant was designated residential parent and legal custodian.

{¶3} On May 3, 2004, appellee filed a motion for allocation of parental rights and responsibilities. He therein requested that the court designate him the residential parent or, in the alternative, grant an order of shared parenting. The court subsequently ordered the parties to participate in mediation. Pursuant to the parties' mediation agreement, a shared parenting plan was signed by both sides and approved by the court on October 19, 2004.

{¶4} On November 22, 2004, appellee filed a motion to show cause against appellant and a request to terminate shared parenting. On January 7, 2005, the court ordered home studies regarding both parties. On May 2, 2005, a hearing was conducted before a magistrate. On July 8, 2005, the magistrate issued a decision granting appellee's motion and designating him as residential parent and legal custodian. Appellant was ordered to pay child support and was awarded non-residential parenting time.

{¶5} On August 25, 2005, appellant, with leave of court, filed objections to the decision of the magistrate. Following a hearing, the trial court issued a judgment entry overruling all of the objections and adopting the decision of the magistrate.

{¶6} Appellant filed a notice of appeal on October 26, 2005. She herein raises the following sole Assignment of Error:

{¶7} "I. THE TRIAL COURT ERRED IN GRANTING FATHER'S MOTION TO TERMINATE SHARED PARENTING AND TO DESIGNATE FATHER RESIDENTIAL PARENT AND LEGAL CUSTODIAN."

I.

{¶8} In her sole Assignment of Error, appellant contends the trial court erred in terminating shared parenting and naming appellee as residential ...


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