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Wilcox v. Iiams

Court of Appeals of Ohio, Third District, Logan

July 29, 2019

TABITHA N. WILCOX, PLAINTIFF-APPELLEE,
v.
JORDAN B. IIAMS, DEFENDANT-APPELLANT.

          Appeal from Logan County Common Pleas Court Family Court - Juvenile Division Trial Court No. 09-AD-117

          Steven R. Fansler for Appellant

          Beverly J. Farlow for Appellee

          OPINION

          WILLAMOWSKI, J.

         {¶1} 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.

         Facts and Procedural History

         {¶2} 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.

         {¶3} 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.

         {¶4} Iiams filed his notice of appeal on November 6, 2018. Doc. 298. On appeal, he raises the following two assignments of error:

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 decision.

         We will consider the second assignment of error before considering the first assignment of error.

         Second Assignment of Error

         {¶5} Iiams argues that the trial court failed to conduct an independent analysis of the magistrate's decision and failed to give a rationale for ...


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