Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In Re: M.R.L.

September 30, 2011

IN RE: M.R.L.


APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. DN09-07-0603

The opinion of the court was delivered by: Carr, Presiding Judge.

Cite as In re M.R.L.,

ss:

DECISION AND JOURNAL ENTRY

{¶1} Appellant, David L. ("Father"), appeals the judgment of the Summit County Court of Common Pleas, Juvenile Division, which ordered that appellee, Wendy A. ("Mother"), as the custodial parent of M.R.L., has the right to enroll the child in school. This Court affirms.

I.

{¶2} When Father and Mother were divorced in the Summit County Domestic Relations Court, they were awarded shared parenting in which both parents were designated as the legal custodians of the child. The shared parenting plan provided that, in the event of an unresolved dispute regarding the school district where the child would be enrolled, Father had the right to make the final determination on the matter.

{¶3} Subsequently, on July 28, 2009, Summit County Children Services Board ("CSB") filed a complaint in the Summit County Juvenile Court, alleging that M.R.L. was an abused, neglected, and dependent child. CSB sought a no contact order between the child and Father and the child's step-mother. The agency did not seek removal of the child from Mother's home or emergency temporary custody. Instead, it sought only an order of protective supervision. On August 4, 2009, the trial court issued an ex parte order for protective supervision, as well as a no contact order, as the agency requested.

{¶4} The juvenile court held an adjudicatory hearing. On September 15, 2009, the trial court adjudicated the child neglected and scheduled the matter for disposition. On October 8, 2009, the juvenile court issued a judgment, continuing the child solely in the legal custody of Mother with an order of protective supervision to CSB, lifting the no contact order, and scheduling the matter for a subsequent review hearing. On February 11, 2010, CSB filed a motion to terminate protective supervision. On February 25, 2010, the juvenile court issued a judgment terminating the order of protective supervision and closing the case. Father did not appeal from this order.

{¶5} On September 3, 2010, Mother filed an emergency ex parte motion to retain the child in his current high school. Mother alleged that Father had attempted to remove the child from the school and the school was refusing to allow the child's continued enrollment in the absence of a court order. On September 10, 2010, the juvenile court issued a judgment entry, ordering that Mother, as the child's custodial parent, has the right to enroll the child in school. Father timely appealed from that order, raising three assignments of error for review.

II.

ASSIGNMENT OF ERROR I

"THE TRIAL COURT WAS WITHOUT AUTHORITY AND JURISDICTION TO AWARD LEGAL CUSTODY OF THE MINOR CHILD TO [MOTHER] ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.