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Glover v. Glover

Court of Appeals of Ohio, Eleventh District, Trumbull

June 5, 2017

SIDNEY L. GLOVER, JR., Plaintiff-Appellant,
TIERRA MOLDEN GLOVER, Defendant-Appellee.

         Civil Appeal from the Trumbull County Court of Common Pleas, Domestic Relations Division, Case No. 2015 DR 00323.

          Christopher A. Maruca, The Maruca Law Firm, LLC, (For Plaintiff-Appellant).

          Gary R. Rich, 342 Mahoning Avenue, N.W., (For Defendant-Appellee).



         {¶1} Sidney L. Glover, Jr., appeals from the judgment entry of the Trumbull County Court of Common Pleas, Division of Domestic Relations, granting a divorce between himself and Tierra Molden Glover. Sidney asserts the trial court abused its discretion in giving Tierra custody of their minor daughters, S.G. (d/o/b December 2, 2008), and L.G. (d/o/b February 7, 2014), and allowing Tierra to move with the children to Las Vegas, Nevada. Finding no abuse of discretion, we affirm.

         {¶2} Sidney and Tierra were friends since high school. Sidney has another daughter, T.G. (d/o/b August 3, 2005), by a prior relationship. After Sidney and Tierra commenced their relationship in 2008, T.G. lived with them. At the time of the divorce, Sidney was a special education teacher with the Mahoning County Educational Service Center. He also worked at Leeda Northeast, Inc., a company in Warren, Ohio, which provides services to the disabled, and had founded his own company to provide similar services. Tierra graduated from the Cordon Bleu school in Las Vegas, Nevada, and is a chef. The couple married in Cortland, Ohio, February 14, 2011.

         {¶3} Even after the couple commenced their relationship, they were frequently apart. Tierra did not complete her training at the Cordon Bleu until 2010, and spent much of each year in Las Vegas, where her mother is a nurse. Sidney had an undisclosed relationship with the Buffalo Bills football team, and spent time in Buffalo. The couple had numerous disagreements.

         {¶4} On September 18, 2015, Tierra took S.G. and L.G. with her on an alleged weekend trip to visit family in Columbus, Ohio. From Columbus, she flew to her mother's in Las Vegas, without informing Sidney. While in Las Vegas, she wrote a check for $7000 to her mother on Sidney's business checking account. Eventually, the bank returned the money to Sidney, since Tierra was not a signatory on the account. Sidney filed for divorce September 22, 2015. In early October, 2015, he flew to Las Vegas to see the children, but Tierra refused to meet with him. Tierra answered the divorce complaint October 16, 2015. October 27, 2015, the trial court's magistrate issued a temporary order, giving Tierra two choices. The first was to return to Ohio with the children and receive exclusive use of the marital home along with possession of the children, Sidney's parenting time to be that set forth in the trial court's standard visitation guidelines. The second choice was to remain with the children in Las Vegas, and pay all expenses for them to visit Sidney in Ohio over the Thanksgiving and Christmas breaks. October 27, 2015, attorney John Ams was appointed guardian ad litem for the children. November 3, 2015, Tierra counterclaimed for divorce.

         {¶5} Hearing was held before the magistrate November 4 and 13, 2015. The magistrate issued another temporary order December 4, 2015. He ordered that Tierra return to Ohio with the children, and designated Tierra their temporary residential parent. Sidney was given standard visitation. Tierra was given exclusive use of the marital residence, free from interference by Sidney. Sidney was ordered to pay all expenses associated with the marital residence and household. While not embodied in the temporary order, it appears the parties agreed Tierra should have use of a van owned by Sidney.

         {¶6} Sidney saw the children at Thanksgiving, 2015, evidently in Las Vegas. Tierra returned to Ohio in December 2015.

         {¶7} In the early morning hours of January 26, 2016, Sidney drove past the marital residence. At trial, he testified he saw a man get out of a taxi, and enter the house briefly. He admitted to grabbing the man when he exited, but claimed the man fled to the taxi. Tierra testified that the man was a friend, bringing her some money for food, since Sidney had provided little, and that they spoke on the porch. She testified when she saw Sidney approaching, she entered the house, but that Sidney came in, and grabbed her. Sidney was charged with domestic violence.[1]

         {¶8} Following the January 26, 2016 incident, Tierra took the children to her father's house in Warren, Ohio. Sidney thereafter entered the marital residence, to which he retained keys. He removed most of the furnishings. He changed the security alarm code. He further had the utilities turned off. At the time of trial in this matter, July 11, 2016, Tierra still had no water. Sidney largely ceased exercising his visitation rights until the summer of 2016.

         {¶9} Hearing was held before the trial court February 11, 2016. By an order filed February 12, 2016, the trial court ordered Sidney to give Tierra all the keys to the marital residence. It further appears Sydney had sold the van which was supposed to be for Tierra's use to a friend, thus invalidating the registration and plates. He was ordered to rectify this situation. By the time of trial, he had not: Tierra testified she had been stopped and warned by police on seven different occasions.

         {¶10} Hearing was held before the magistrate March 18, 2016. By an order filed March 22, 2016, the magistrate ordered Sidney to pay $983 a month in child support, retroactive to January ...

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