from Logan County Common Pleas Court Domestic Relations
Division Trial Court No. DR14-04-0083
Miranda A. Warren for Appellant.
Helmbrecht for Appellee.
Defendant-appellant, Ashley Dappert ("Ashley")
appeals the January 27, 2016 Magistrate's Decision and
the September 27, 2016 Entry of the Logan County Common Pleas
Court naming plaintiff-appellee, Bobbie Dappert
("Bobbie"), the residential parent and legal
custodian of Ashley and Bobbie's two minor children. For
the reasons that follow, we affirm.
Bobbie and Ashley were married on July 23, 2005. (Doc. 1).
They have two children together, Z.D., who was born before
their marriage, and M.D., who was born during the marriage.
Id. The parties separated in early April, 2014.
Bobbie and Ashley lived together with their children until
Ashley left the marital residence and moved in with her
boyfriend, Arl Creaman ("Arl") in April, 2014. When
Ashley moved in with Arl, the children remained in the
marital home with Bobbie. Ashley lived with Arl for
approximately five months until she broke up with him and
moved in with James Ritzma ("James"), her new
Bobbie filed a complaint for divorce on April 17, 2014 in the
Logan County Common Pleas Court. Id. With his
divorce complaint, Bobbie requested a temporary restraining
order against Ashley (Doc. 8); an order granting him
temporary custody of the minor children (Doc. 9); and an
order requesting temporary child support for the minor
children. Id. The trial court granted Bobbie's
request for temporary custody on April 22, 2014 naming him
the temporary residential parent and legal custodian of the
children. (Doc. 16.).
Ashley filed her answer to Bobbie's divorce complaint on
May 9, 2014 and requested a hearing on the temporary custody
order. (Doc. 19).
On June 23, 2014, a temporary orders hearing was held from
which the Magistrate filed his July 2, 2014 Agreed Judgment
Entry / Temporary Orders naming Bobbie the residential parent
and granting Ashley parenting time with the children on
Tuesdays from 5:00 - 8:00 p.m., every Thursday from 5:00 p.m.
to Friday at 6:00 p.m., and every other weekend from Friday
at 6:00 p.m. to Monday at 6:00 p.m. (Doc. 34).
On July 21, 2014, the Magistrate filed a Magistrate's
Order appointing a Guardian-Ad-Litem ("GAL") to the
case. (Doc. 38). Matthew Langhals, a Union County attorney,
received the appointment as GAL. Id. A final divorce
hearing was ultimately set for March 10, 2015.
On October 15, 2014, Ashley filed a motion for contempt,
requesting the trial court find Bobbie in contempt for
denying her parenting time. (Doc. 58).
In December of 2014, Bobbie moved into a new home with the
children. His live-in girlfriend, Candace Carper
("Carper") contributed to the down payment but was
not named on the deed to the real estate. (Tr. Pg. 63).
On February 25, 2015, Ashley filed a motion to modify the
temporary orders by naming her the residential parent and
legal custodian of the children. She further requested that
child support be paid to her, or, in the alternative, to
modify the existing child support order. (Doc. 83).
On March 2, 2015, the GAL filed his 28 page report with the
trial court recommending that Bobbie be named the residential
parent. (Doc. 84). The GAL further recommended parenting time
for Ashley in accordance with the trial court's Local
Rule, with a few exceptions. Id. The GAL did not
recommend shared parenting. The matter then proceeded to a
contested hearing scheduled for March 10, 2015.
On January 27, 2016, the Magistrate filed a decision from the
parties' final divorce hearing recommending that Bobbie
be named the residential parent and legal custodian of the
minor children. (Doc. 104). The decision recommended that
Ashley be granted parenting time as the parties agreed, or
alternatively on alternating weekends during the school year
with a midweek visit. Holidays and days of special meaning
should be pursuant to the Court's visitation guideline
and summer break the children would alternate weeks with each
parent. Id. In recommending Bobbie as residential
parent the magistrate analyzed the statutory factors as set
forth in R.C. 3109.04(F)(1)(a)-(j) as well as R.C.
On April 28, 2016, Ashley filed her objections to the
magistrate's decision asserting that the magistrate erred
in finding it would be in the best interest of the child[ren]
for Bobbie to be named their residential parent. (Doc. 114).
Ashley further argued that the magistrate erred by failing to
find Bobbie in contempt for violating the temporary orders
issued by the court. Id.
On August 29, 2016, the trial court overruled Ashley's
objections to the magistrate's decision, finding the
decision without error of law, and adopted the findings and
recommendations of the magistrate. (Doc. 122).
On September 27, 2016, the trial court filed its judgment
entry naming Bobbie the residential parent and legal
custodian of Z.D. and M.D. Ashley was granted parenting time
and ordered to pay child support to Bobbie in the amount of
$542.91 per month, plus a two-percent processing fee. (Doc.
Ashley filed her notice of appeal on October 27, 2016 raising
the following four ...