In re J.Q.-P

Citations

• 2024 Ohio 661

Syllabus

Civ.R. 15(B) motion to amend pleadings to conform to the evidence abuse of discretion implied consent motion to modify custody separate argument App.R. 12(A)(2) App.R. 16(A)(7). Juvenile court did not abuse its discretion in denying father's motion to amend his pleadings to conform to the evidence to allow him to seek a change in custody where (1) father had not filed a motion to modify the judgment entry allocating parental rights and responsibilities, (2) mother, who was proceeding pro se, prepared for and argued her motion to terminate or modify father's parenting time, not a motion to change custody, and (3) the juvenile court found that to consider a change in custody without a motion would be a denial of due process and fundamentally unfair. Appellate court could disregard assignment of error related to juvenile court's dismissal of father's motion to modify custody where father did not separately argue the assignment of error in his appellate brief.