Hunter v. Hunter

Citations

• 2023 Ohio 3331

Syllabus

CIVIL – Change of circumstances/best interest of the child test in R.C. 3109.04(E)(1)(a), rather than parental unsuitability test, is applied in a motion to reallocate parental rights involving parents and a non-parent. Where a party's procedural due process rights are violated because the trial court fails to give notice of a motion and hearing, the trial court on remand must conduct a de novo hearing and may not rely on evidence offered at the previous hearing from which party was excluded.