· 10/20/2020

J.M. v. J.C.

Citations

  • 2020 Ohio 4963

Syllabus

In a custody matter concerning a minor child, the trial court did not abuse its discretion in denying the Civ.R. 60(B) motion for relief from judgment filed by third-party defendant-appellant, the minor child's biological father. The record established that the biological father could not show he was entitled to relief because he could not satisfy all three prongs necessary to prevail under Civ.R. 60(B). Moreover, even if the biological father had been able to show he was entitled to relief under Civ.R. 60(B)(5), his motion needed to be made within a reasonable time. Instead, he waited nearly two years to challenge a shared parenting plan he had entered into voluntarily. Judgment affirmed.

Judges: Brunner

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