Brown v. Brown

Citations

• 2019 Ohio 2164

Syllabus

Father appeals domestic relation court decision terminating shared parenting agreement and naming Mother sole residential parent and legal custodian. Dispute centered around Father's decision to no longer support Daughter's participation in cheerleading because cheer events occurred during Father's parenting time. Father would not agree to change his parenting time to allow Daughter to attend her events. Mother withheld Daughter from Father's parenting time so that Daughter could participate in cheerleading. The weight of the evidence supported the trial court's decision to terminate the shared parenting plan and name Mother sole residential parent and custodian where Father refused to communicate with Mother and where Father placed his own interests in obtaining parenting time ahead of his children's interests. The court did not err in failing to make statutory \change of circumstances\ findings because the court was not required to find a change of circumstances to terminate shared parenting. Mother was found in contempt of court for withholding Daughter from Father's parenting time. The court properly found Mother a first-time offender where no evidence was presented that Mother had ever been found guilty, prior to the hearing, of contempt of court on the same issue. The court apparently failed to include a portion of Mother's income on the child support calculation worksheet and failed to rule on Father's objection concerning the issue, requiring a limited reversal and remand to address the issue.