TABITHA N. WILCOX, PLAINTIFF-APPELLEE,
JORDAN B. IIAMS, DEFENDANT-APPELLANT.
from Logan County Common Pleas Court Family Court - Juvenile
Division Trial Court No. 09-AD-117
R. Fansler for Appellant
Beverly J. Farlow for Appellee
Defendant-appellant Jordan B. Iiams ("Iiams")
appeals the judgment of the Logan County Court of Common
Pleas, Family Court-Juvenile Division, alleging that the
trial court erred by ordering a modification of their shared
parenting arrangement. For the reasons set forth below, the
judgment of the trial court is affirmed.
and Procedural History
Iiams and Tabitha N. Wilcox ("Wilcox") are the
parents of Z.I. Doc. 1. On July 11, 2012, the trial court
issued a shared parenting decree that included a shared
parenting plan. Doc. 137. Under this plan, Iiams had midweek
visitation time with Z.I. Doc. 137. In 2017, Wilcox began
dating Charles Ferrell ("Ferrell"), who lives in
Port Clinton, Ohio. Tr. 11, 56. At some point, Wilcox decided
that she wanted to move to Port Clinton in order to live with
Ferrell. Tr. 12. On July 13, 2017, Wilcox filed a motion for
modification that requested that the terms of the shared
parenting plan be adjusted to accommodate her relocation.
Doc. 231. In particular, Wilcox requested that the trial
court eliminate Iiams's midweek visitation time with Z.I.
and change the school district that Z.I. attends. Doc. 231.
On February 26, 2018, Wilcox and Iiams appeared at a hearing
on this motion for modification before the magistrate. Tr. 1.
On April 17, 2018, the magistrate issued a decision, which
recommended that the trial court deny Wilcox's request to
eliminate Iiams's midweek visitation with Z.I. Doc. 277.
On May 1, 2018, Wilcox objected to the magistrate's
decision, arguing that her requested modifications to the
shared parenting plan were in Z.I.'s best interests. Doc.
278, 284. On October 8, 2018, the trial court overruled the
magistrate's decision in part and ordered that the shared
parenting plan be modified by eliminating Iiams's midweek
visitation with Z.I. Doc. 294. The trial court then increased
Iiams's summer visitation time from four weeks to six
weeks and designated Wilcox as the residential parent for
school placement purposes. Doc. 294.
Iiams filed his notice of appeal on November 6, 2018. Doc.
298. On appeal, he raises the following two assignments of
First Assignment of Error
The trial court erred in his entry by failing to apply the
proper statutory and case law standard for the modification
of the shared parenting plan which occurred.
Second Assignment of Error
The trial court judge erred in failing to make a proper
independent analysis and in failing to give any required
rationale for his decision to overrule the magistrate's
consider the second assignment of error before considering
the first assignment of error.
Assignment of Error
Iiams argues that the trial court failed to conduct an
independent analysis of the magistrate's decision and
failed to give a rationale for ...