ELISA M. HALL, Plaintiff-Appellant,
JOSHUA R. HALL, Defendant-Appellee.
E. Cantrell, Young & Caldwell, LLC, West Union, Ohio for
Barbara A. Moore, West Union, Ohio for Appellee.
DECISION AND JUDGMENT ENTRY
1} Plaintiff-Appellant, Elisa Hall ("Elisa"),
appeals the judgment of the Adams County Common Pleas Court
modifying an agreed shared parenting plan between her and her
ex-husband, Defendant-Appellee, Joshua Hall
2} Elisa contends that the trial court erred in giving Joshua
more parenting time and establishing designated call times
without evidence that there had been a change in
circumstances or that the modifications were in the best
interest of the children, as required under R.C.
3109.04(E)(1)(a). She also contends that the modifications
are against the manifest weight of the evidence.
3} However, R.C. 3109.04(E)(1)(a) governs the modification of
parental rights and responsibilities; and the modifications
at issue here do not constitute modifications of parental
rights and responsibilities. Rather, provisions allocating
parenting time and designating call times constitute terms of
a shared parenting plan; and a trial court may modify terms
of a shared parenting plan without a showing of a change of
circumstances so long as the modifications are in the best
interest of the child. R.C. 3109.04(E)(2)(b). Thus, we need
only decide whether the trial court abused its discretion in
determining that it was in the children's best interest
to modify the terms of the shared parenting plan and whether
its determination was against the manifest weight of the
4} Upon review of the record, we conclude that the trial
court did not abuse its discretion in determining that it was
in the best interests of the children to modify the terms of
the agreed shared parenting plan; and its determination was
not against the manifest weight of the evidence.
5} Accordingly, we overrule Elisa's assignments of error
and affirm the judgment of the trial court.
Facts and Procedural History
6} Elisa and Joshua were married on August 5, 2011. Elisa
filed a complaint for divorce on June 17, 2015, alleging
incompatibility, gross neglect of duty, and extreme cruelty.
Joshua filed an answer and a counterclaim for divorce on July
7} The record shows that a final hearing was held on December
9, 2015; however, the journal entry from that date only shows
an agreement for "temporary orders. " The parties
apparently agreed to the following:
1. The Plaintiff, Elisa M. Hall shall be the residential
parent and custodian of the parties' minor children Brody
J. Hall, DOB 04-02-2011 and Brennan J. Hall DOB 06-03-2013.
2.The Defendant, Joshua R. Hall shall have visitation with
the parties' minor children Brody J. Hall, DOB 04-02-2011
and Brennan J. Hall DOB 06-03-2013, every other weekend from
Friday at 6:00 P.M. until Saturday at 6:00 P.M. and every
Wednesday from 5:30 P.M. until 8:30 P.M.
3.The Defendant, Joshua R. Hall shall have the right of first
refusal on Saturday mornings if the Plaintiff is working.
4.The Defendant, Joshua R. Hall shall pay child support to
the Plaintiff, Elisa M. Hall per the attached child support
5.The matter is set for mediation on December 18, 2015 at
6.Neither party shall say or allow anyone else to say
anything negative about the other party while in the presence
of the parties' minor children Brody J. Hall, DOB
04-02-2011 and Brennan J. Hall DOB 06-03-2013.
8} Although the parties had entered into the above listed
agreements in December 2015, the divorce decree did not get
filed until July 20, 2016. Prior to the divorce decree being
filed, Elisa moved from West Union to the Eastgate area in
May 2016. In June 2016, Joshua filed a "Motion Objecting
to Plaintiff's Relocation." Joshua claimed that
Elisa's relocation was not in the best interests of the
children. A motion hearing was scheduled for August
9} The trial court issued the final decree of divorce on July
20, 2016. The decree allocated parental rights and
responsibilities designating Mother as the residential parent
for school purposes for the children and granting Father
parenting time. The decree also set forth an agreed shared
parenting plan concerning the care and custody of the
children. Part of the agreement provided:
A. Mother shall be the residential parent for school purposes
for their minor children.
B. Mother and Father agree to a parenting schedule to
increase and enhance parenting time for each parent.
C. Father shall exercise parenting time alternating weekends
from Friday at 6:00 p.m. to Sunday at 6:00 p.m. During the
summer, Father shall exercise parenting time every Tuesday
from 5:00 p.m. overnight to Wednesday morning when Father
shall transport the children to daycare or Mother's
residence., and every Thursday evening from 5:00 p.m. to 8:00
p.m. At all other times other than the summer, Father shall
exercise parenting time every Tuesday and Thursday evening
from 5:00 p.m. to 8:00 p.m.
D. Mother shall exercise routine parenting time at all other
times not stated above.
10} On August 12, 2016, the hearing was held on Joshua's
Motion Objecting to Relocation; and the following evidence
was presented, in relevant part:
11} Joshua testified that Elisa moved from West Union to the
Eastgate area in May 2016. He explained that since then, he
had not seen his children according to the terms of the
shared parenting plan. He stated that he had only been seeing
his children from approximately 8:00 p.m. Thursday to 8:00
p.m. Friday and every other weekend (Thursday evening through
Sunday evening). He testified, however, that before the move,
he would see the children even more than provided for in
their shared parenting plan. For instance, he stated that he
would often pick the children up from day care and help bathe
and feed them. He explained that he wanted to remain involved
in his children's lives but it was going to be harder
because he worked from 7:00 a.m. to 5:00 p.m. in Butler,
Kentucky and did not get back home to West Union until 6:00
12} Joshua's mother testified that she had a wonderful
relationship with her grandchildren. She stated that prior to
the move, she would see the children a lot. For instance, she
stated that she would pick them up from daycare and watch
them until Elisa got home from work. She stated that since
the move, however, she had not seen them as much. She stated
that she could still help with the children but it would be
more difficult since she lived in West Union. She also stated
that the children had a lot of extended family in West Union
that they enjoyed being around.
13} Elisa testified that she moved from West Union to the
Eastgate area because she got a much better job. She stated
that she talked with Joshua about the move prior to filing
her notice; and although he was not happy about it, she
believed that the move was in the best interest of the
children. For instance, she stated that she was going to be
able to provide more for the children because she was making
more money and that there were more extracurricular