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Dappert v. Dappert

Court of Appeals of Ohio, Third District, Logan

May 8, 2017

BOBBIE DAPPERT, PLAINTIFF-APPELLEE,
v.
ASHLEY DAPPERT, DEFENDANT-APPELLANT.

         Appeal from Logan County Common Pleas Court Domestic Relations Division Trial Court No. DR14-04-0083

          Miranda A. Warren for Appellant.

          Laura Helmbrecht for Appellee.

          OPINION

          ZIMMERMAN, J.

         {¶1} 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.

         {¶2} 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.

         {¶3} 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 boyfriend.

         {¶4} 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.).

         {¶5} Ashley filed her answer to Bobbie's divorce complaint on May 9, 2014 and requested a hearing on the temporary custody order. (Doc. 19).

         {¶6} 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).

         {¶7} 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.

         {¶8} 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).

         {¶9} 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).

         {¶10} 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).

         {¶11} 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.

         {¶12} 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. 3109.04(F)(2).

         {¶13} 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.

         {¶14} 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).

         {¶15} 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. 126).

         {¶16} Ashley filed her notice of appeal on October 27, 2016 raising the following four ...


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