Court of Appeals of Ohio, Fifth District, Guernsey
from the Guernsey County Court of Common Pleas, Case No.
Plaintiff-Appellant ROGER SOROKA JOSHUA BEDTELYON AARON JONES
Soroka and Associates, LLC
Defendant-Appellee MATTHEW A. PETIT PATRICK J. WILLIAMS
Hon. John W. Wise, P.J. Hon. Craig R. Baldwin, J. Hon. Earle
E. Wise, J.
Plaintiff-appellant Michele Nash nka Hall appeals from the
December 27, 2018 Nunc Pro Tunc Entry issued by the Guernsey
County Court of Common Pleas.
OF THE FACTS AND CASE
Appellant and appellee, who were married on August 28, 2010,
are the parents of Z.N. (DOB 1/18/12). On September 26, 2014,
appellant filed a complaint for divorce against appellee. A
Divorce Decree was filed on September 21, 2015 that
incorporated the parties' Separation Agreement. A Decree
of Shared Parenting also was issued on September 21, 2015.
Pursuant to the Decree, which adopted the parties' Shared
Parenting Plan, appellant was designated the primary
residential custodian and residential parent. The Decree
provided that if either party relocated out of state or
one-hundred fifty (150) miles away or more, the visitation
provided for in the plan would be replaced with the trial
court's standard long distance parenting schedule.
On August 17, 2018, appellee filed a Motion for Reallocation
of Parental Rights. Appellee, in his motion, stated that
appellant had moved to Pennsylvania with Z.N. on August 17,
2018 without filing a Notice of Intent to Relocate. Appellee,
in his affidavit, stated that by the time he was ready to
oppose relocation, appellant had moved back to Ohio and that
on August 14, 2018 he was informed that appellant intended to
move back to Pennsylvania.
A hearing on the motion was held before a Magistrate on
September 25, 2018. The Magistrate, in a Decision filed on
October 5, 2018, found that an out of state relocation three
times on one year constituted a change in circumstances and
found that it was in Z.N.'s best interest that appellee
be named the residential parent. The Magistrate, in her
Decision, stated that neither party had requested an in
camera interview with Z.N. The trial court, on October 5,
2018, filed a Judgment Entry approving and adopting the
Thereafter, appellant filed objections to the
Magistrate's Decision and appellee filed a response to
the same. Pursuant to an Entry filed on November 28, 2018,
the trial court denied the objections.
On December 27, 2018, the trial court filed a Nunc Pro Tunc
Entry to correct the spelling of appellant's name and the
case number in its November 28, 2018 Entry.
On January 25, 2019, appellant appealed from the trial
court's December 27, 2018 Nunc Pro Tunc Entry, raising
the following assignments of error on appeal:
"I. THE TRIAL COURT ABUSED ITS DISCRETION WHEN IT FOUND
THAT A CHANGE IN ...