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Donald Butts Ii (Deceased v. Rebecca Hill (Fka Butts

October 27, 2011

DONALD BUTTS II (DECEASED)
PLAINTIFF
v.
REBECCA HILL (FKA BUTTS)
DEFENDANT-APPELLANT
AND MICHELLE WOOD THIRD PARTY DEFENDANT-APPELLEE



CHARACTER OF PROCEEDING: Appeal from the Court of Common Pleas, Case No. 06DR01677

The opinion of the court was delivered by: Farmer, J.

Cite as Butts v. Hill,

JUDGES: Hon. William B. Hoffman, P.J. Hon. Sheila G. Farmer, J. Hon. Julie A. Edwards, J.

OPINION

JUDGMENT: Affirmed/Reversed in Part & Remanded

{¶1} On September 8, 2008, appellant, Rebecca Hill, fka Butts, and Donald Butts, II, were divorced. The parties have four children, one of which was emancipated at the time of the divorce. Appellant was named sole residential parent of Er.B. and L.B. The parties entered into a shared parenting plan regarding the youngest child, Em.B. On September 23, 2009, an agreed judgment entry was filed wherein the parties agreed to terminate the shared parenting plan and name appellant as the sole residential parent and legal custodian of Em.

{¶2} On October 5, 2009, Mr. Butts passed away after a long illness. On October 7, 2009, Mr. Butts's sister, appellee, Michelle Wood, filed a motion to intervene as third party defendant in order to seek custody of Er. By judgment entry filed same date, the trial court added appellee as a third party defendant. Also on same date, appellee filed a motion for the reallocation of parental rights and responsibilities regarding Er. By ex parte order filed same date, the trial court granted temporary custody of Er. to appellee. A hearing before a magistrate was held on November 4, 2009. By order filed November 5, 2009, the magistrate sustained the ex parte order, finding it was in Er.'s best interests to continue the temporary custody arrangement.

{¶3} On February 22, 2010, appellee filed a motion for the reallocation of parental rights and responsibilities regarding Em. By ex parte order filed same date, the trial court granted temporary legal custody of Em. to appellee. A hearing before a magistrate was held on March 4, 2010. By order filed March 5, 2010, the magistrate affirmed the ex parte order, finding it was in Em.'s best interests to remain in appellee's temporary custody. In addition, appellant's parenting time was suspended.

{¶4} On March 18, 2010, appellant filed a motion to vacate the February 22, 2010 ex parte order and the magistrate's March 5, 2010 order. By judgment entry filed April 13, 2010, the trial court denied the motion.

{¶5} A hearing on appellee's two motions for the reallocation of parental rights and responsibilities was held on April 14, 2010. By decision filed May 25, 2010, the magistrate recommended the approval of appellee's motions. Appellant filed objections. By opinion filed November 18, 2010, the trial court overruled the objections. By judgment entry filed April 11, 2011, the trial court granted the two motions and named appellee as the legal custodian of Er. and Em. The trial court also granted appellant supervised parenting time, and established child support which was offset by the social security benefits received by the children.

{¶6} Appellant filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:

I

{¶7} "THE TRIAL COURT ERRED AND/OR ABUSED ITS DISCRETION BY FAILING TO INCLUDE A CHILD SUPPORT GUIDELINE WORKSHEET AS PART OF THE FINAL, APPEALABLE JUDGMENT."

II

{¶8} "THE TRIAL COURT ERRED AND/OR ABUSED ITS DISCRETION IN GRANTING AN EX PARTE ORDER WHICH CHANGED CUSTODY OF [EM.] FROM APPELLANT-MOTHER TO NON-PARENT APPELLEE. (I.E. [EM.'S] AUNT)."

III

{¶9} "THE TRIAL COURT ERRED AND /OR ABUSED ITS DISCRETION IN AWARDING CUSTODY OF [EM.] TO APPELLEE."

IV

{¶10} "THE TRIAL COURT ERRED AND/OR ABUSED ITS DISCRETION IN OVERRULING APPELLANT'S OBJECTIONS TO THE MAGISTRATE'S DECISION FILED MAY 25, 2010."

V

{¶11} "THE TRIAL COURT ERRED AND/OR ABUSED ITS DISCRETION BY SUSTAINING THE FEBRUARY 22, 2010 EX PARTE ORDER." VI

{¶12} "THE TRIAL COURT ERRED AND/OR ABUSED ITS DISCRETION BY PERMITTING APPELLEE TO PRESENT EVIDENCE THAT OCCURRED, IF AT ALL, PRIOR TO THE 9/23/2009 AGREED JUDGMENT ENTRY."

VII

{¶13} "THE MANIFEST WEIGHT OF THE ADMISSIBLE EVIDENCE DOES NOT SUFFICIENTLY SUPPORT THE APPEALED-FROM JUDGMENT." I

{ΒΆ14} Appellant claims the trial court erred in not providing a child support guideline worksheet ...


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