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Gallion v. Gallion

Court of Appeals of Ohio, Tenth District

August 2, 2018

Kimberly C. Gallion, Plaintiff-Appellant,
v.
Paul J. Gallion, Defendant-Appellee.

          APPEAL from the Franklin County Court of Common Pleas, Division of Domestic Relations C.P.C. No. 16DR-3162

         On brief:

          Eugene R. Butler Co., LPA, and Eugene R. Butler, for appellant.

         Argued:

          Eugene R. Butler.

         On brief:

          Law Offices of William L. Geary, and Tracy Q. Wendt, for appellee.

         Argued:

          Tracy Q. Wendt.

          DECISION

          HORTON, J.

         {¶ 1} Plaintiff-appellant, Kimberly C. Gallion, appeals from a judgment of the Franklin County Court of Common Pleas, Division of Domestic Relations, which granted a divorce to appellant and appellee, Paul J. Gallion, and determined the division of property, spousal support, and all issues related to the parties' two children. For the following reasons, we reverse in part and affirm in part the judgment.

         I. FACTS AND PROCEDURAL HISTORY

         {¶ 2} The parties were married on September 24, 2011 and had two children. On August 17, 2016, appellant was represented by counsel and filed for divorce. Appellant requested that the court designate her as residential parent, divide the marital property, and order appellee to pay child support, spousal support, and attorney fees.

         {¶ 3} On August 31, 2016, appellee filed an answer and counterclaim for divorce. Appellee also filed a motion for psychological examination of appellant because she had been hospitalized for psychiatric reasons on two occasions during the course of the marriage and also participated in an outpatient program for mental health issues. Appellee cited this history and "recent conduct" to argue that he had concerns regarding the safety of the children. (Aug. 31, 2016 Mot. at 2.) On September 22, 2016, the trial court appointed a guardian ad litem ("GAL") for the children.

         {¶ 4} Each party filed a motion for exclusive use of the marital residence. On September 22, 2016, the trial court filed an agreed entry in which appellee agreed to move out of the residence but would continue to pay the mortgage, taxes, insurance due on the marital residence, and the monthly utilities. Appellee also was ordered to pay for the oldest child's pre-school expenses and tuition.

         {¶ 5} On November 4, 2016, appellant's counsel requested leave to withdraw and the trial court granted the motion on November 8, 2016. On November 15, 2016, the trial court issued an order sustaining appellee's motion for a vocational evaluation and issued an interim order granting appellee parenting time until the temporary orders were issued. The magistrate then issued temporary orders on December 1, 2016.

         {¶ 6} On December 19, 2016, appellee filed a motion seeking the appointment of a guardian to represent the interests of appellant. On December 28, 2016, appellee filed a motion for ex-parte emergency custody order based on appellant sending emails to appellee, his counsel, and the GAL that demonstrate the continued existence of possible mental health issues. That same day, the trial court granted appellee's motion granting him emergency custody of the children and granting appellant supervised parenting time.

         {¶ 7} On January 24, 2017, appellant filed a pro se counter affidavit for change of parental rights and responsibilities seeking sole custody of the children, along with child and spousal support. In her memorandum in support, appellant alleged that appellee kidnapped the children and ...


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