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M.M.T. v. T.A.T.

Court of Appeals of Ohio, Tenth District

December 19, 2017

[M.M.T.], Plaintiff-Appellant,
v.
[T.A.T.], Defendant-Appellee.

         APPEAL from the Franklin County Court of Common Pleas No. 13DR-3329, Division of Domestic Relations

         On brief:

          Grossman Law Offices, Andrew S. Grossman and Susan M. Suriano, for appellant.

         Argued:

          Susan M. Suriano.

         On brief:

          Harry Lewis Co., L.PA., and Gregg R. Lewis, for appellee.

         Argued:

          Gregg R. Lewis.

          DECISION

          HORTON, J.

         {¶ 1} Plaintiff-appellant, M.M.T., mother, appeals from a March 5, 2015 Decision and Judgment Entry-Decree of Divorce ("Divorce Decree"), and the April 29, 2016 decision and judgment entry denying her motion for a new trial of the Franklin County Court of Common Pleas, Division of Domestic Relations. For the following reasons, we reverse the trial court and remand with instructions to modify the Divorce Decree.

         I. FACTS AND PROCEDURAL HISTORY

         {¶ 2} The following facts and procedural history are pertinent to this appeal. The parties were married on June 24, 2006, and have two sons born of the marriage, C.T. (DOB: 05/01/2009) and M.T. (DOB: 07/18/2011). Appellant filed her complaint for divorce on September 6, 2013. On July 16, 2014, a guardian ad litem ("GAL") was appointed on behalf of the children. The GAL's final report was filed on October 17, 2014, and recommended, in relevant part:

Father shall not consume alcohol, marijuana nor any other narcotic or drug of abuse at least 12 hours prior to, nor during, any parenting time. He shall not consume or use any prescription drug at least 12 hours prior to, nor during, any parenting time unless such drug has been lawfully ...

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