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Hassinger v. Hassinger

Court of Appeals of Ohio, Fifth District, Ashland

May 22, 2017

TARA B. HASSINGER Plaintiff-Appellee
v.
RYAN C. HASSINGER Defendant-Appellant

         Appeal from the Court of Common Pleas, Domestic Relations Division, Case No. 15-DIV-032

          For Plaintiff-Appellee MATTHEW JAMES MALONE.

          For Defendant-Appellant RYAN C. HASSINGER, Pro Se.

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          WISE, EARLE, J.

         {¶ 1} Defendant-Appellant, Ryan Hassinger, appeals the March 22, 2016 judgment entry of the Court of Common Pleas of Ashland County, Ohio, Domestic Relations Division, denying his objections and adopting the magistrate's decision. Plaintiff-Appellee is Tara Hassinger.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} Appellant and appellee were married on February 27, 2009. Two children were born of the marriage, R.H. born June 29, 2007, and C.H. born November 30, 2008. On February 25, 2015, appellee filed a complaint for divorce.

         {¶ 3} The parties reached an agreement as to all issues except the care and disposition of the children and child support. A hearing before a magistrate was held on January 6, 2016. By decision filed February 1, 2016, the magistrate named appellee residential parent and legal custodian of the children, and ordered appellant to pay child support in the amount of $361.25 per month.

         {¶ 4} Appellant filed objections. Appellant did not provide the trial court with a transcript of the magistrate's hearing. By judgment entry filed March 22, 2016, the trial court reviewed the magistrate's findings, found them to be sufficient to support the conclusions of law, denied the objections, and adopted the magistrate's decision. The trial court ordered appellee to prepare the decree of divorce and submit the decree to the trial court.

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

         I

         {¶ 6} "THE TRIAL COURT COMMITTED PREJUDICIAL ERROR WHEN IT DIVESTED THE APPELLANT[']S FUNDAMENTAL RIGHT TO PARENT HIS CHILDREN WITH THE BEST INTEREST OF THE CHILD STANDARD, IN VIOLATION OF THE DUE PROCESS CLAUSE ...


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