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In re D.D.J.

Citations

  • 2024 Ohio 2581

Syllabus

Legal custody R.C. 2151.23 R.C. 3109.04 best interest of the child abuse of discretion. The trial court considered the evidence presented at trial and explicitly applied the pertinent factors under R.C. 3109.04(F)(1). Assessing the credibility of the witnesses, the trial court found mother's allegations of sexual and physical abuse unsubstantiated and that mother's persistent allegations despite the lack of proof are counter to the child's best interest. Having reviewed the record and testimony presented in this case, we decline mother's request to independently review the credibility of the witnesses and conclude that the trial court did not abuse its discretion in awarding legal custody to father.

Judges: Sheehan

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