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Ritchey v. Plunket

Court of Appeals of Ohio, Fifth District

July 22, 2013

HEATHER RITCHEY NKA MONTGOMERY Plaintiff-Appellee
v.
ROBERT PLUNKETT Defendant-Appellant

Appeal from the Court of Common Pleas, Juvenile Division, Case No. 2009JCV00939

Plaintiff-Appellee HEATHER RITCHEY MONTGOMERY, Pro Se

Defendant-Appellant ROBERT PLUNKETT, Pro Se

Hon. William B. Hoffman, P.J. Hon. Sheila G. Farmer, J. Hon. Patricia A. Delaney, J.

OPINION

Farmer, J.

{¶1} Appellant, Robert Plunkett, and appellee, Heather Ritchey nka Montgomery, had a child together on March 20, 2002. On July 24, 2009, appellee filed a complaint for the establishment of custody, child support, medical insurance, and tax exemption. On August 21, 2009, appellant filed a motion for shared parenting. A hearing was held on March 9, 2010. By agreed entry filed March 26, 2010, appellee was named the residential and custodial parent of the child and appellant was granted unsupervised visitation. The agreed entry was submitted to appellant's counsel but not approved.

{¶2} On June 23, 2010, the guardian ad litem in the case filed a motion for immediate review due to appellant's noncompliance with the agreed entry. On June 25, 2010, appellee filed a motion to modify the terms of the agreed entry regarding visitation. On June 28, 2010, appellant filed a motion for change of custody. A hearing was held on July 1, 2010. By judgment entry filed July 2, 2010, the trial court determined the agreed entry was no longer workable, suspended appellant's visitation rights, and dismissed appellant's motion for change of custody due to appellant's failure to comply with Loc.R. 16.02.

{¶3} On March 9, 2011, appellant filed a motion for companionship/allocation of parental rights. By judgment entry filed September 14, 2011, the motion was dismissed due to appellant's failure to abide by the trial court's orders for a psychological evaluation and the payment of guardian ad litem fees.

{¶4} On June 14, 2012, appellant filed a motion for change of custody and a motion for visitation. By judgment entry filed August 7, 2012, the trial court dismissed the motion for change of custody, again due to appellant's failure to comply with Loc.R. 16.02, and granted the motion for supervised visitation.

{¶5} A hearing was held on March 4, 2013. By judgment entry filed March 5, 2013, the trial court granted appellant unsupervised visitation.

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

I

{ΒΆ7} "COMPLAINT FOR FATHER'S RIGHTS TO BE REINSTATED IN THIS CUSTODY CASE, TAX EXEMPTION RIGHTS, GUARDIAN AD LITEN (SIC) FEES REIMBURSEMENT, JOINT CUSTODY OF LINDSEY PLUNKETT, FALSE STATEMENT ABOUT THE FATHER WHICH HAVE DAMAGED THE FATHER'S REPUTATION IN THIS SOCIETY. THE COURT SUSPENDED MY RIGHTS 2010 BECAUSE OF FALSE STATEMENTS THE MOTHER AND THE FIRST GUARDIAN CAME UP WITH. MR. PLUNKETT WAS NOT AWARE OF THIS UNTIL THE MOTHER NEVER SHOWED ...


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