Court of Appeals of Ohio, Twelfth District, Fayette
FROM FAYETTE COUNTY COURT OF COMMON PLEAS JUVENILE DIVISION
Case No. AD20070490
Kornman Law Office, LLC, Sharon A. Kornman, for appellant
Kathryn Janes, for appellee
1} Plaintiff-appellant, D.M. (Mother), appeals a
decision of the Fayette County Court of Common Pleas,
Juvenile Division, awarding custody of her son to his father,
defendant-appellee, J.D. (Father).
2} Mother and Father were not married, and
Father's paternity was established by the juvenile court.
Mother maintained custody of the child since his birth, but
Father moved for custody after his parentage was established.
The juvenile court ordered shared parenting, and Mother was
designated residential parent for school purposes.
3} Three years later, Father again moved for
custody. The juvenile court interviewed the child, held
multiple hearings, and eventually awarded custody to Father
after finding that a change of circumstances had occurred.
Mother now appeals the juvenile court's decision, raising
three assignments of error. Because the three assignments of
error are interrelated, we will address them together for
ease of discussion.
4} Assignment of Error No. 1:
5} THE TRIAL COURT ABUSED ITS DISCRETION IN FINDING
A CHANGE OF CIRCUMSTANCES.
6} Assignment of Error No. 2:
7} THE TRIAL COURT ABUSED ITS DISCRETION FINDING
THAT THE BEST INTEREST OF THE CHILD IS SERVED BY GRANTING
CUSTODY OF [THE CHILD] TO FATHER.
8} Assignment of Error No. 3:
9} THE TRIAL COURT FAILED TO COMPLY WITH R.C.
3109.04(E)(1)(a) WHEN IT DID NOT WEIGH THE HARM LIKELY TO BE
CAUSED BY THE CHANGE OF ENVIRONMENT AGAINST THE ADVANTAGES OF
THE CHANGE IN ENVIRONMENT TO THE CHILD.
10} Mother argues in her three assignments of error
that the juvenile court abused its discretion by ...