In re S.B.

2026-Ohio-1201 · Court of Appeals of Ohio, Eighth Appellate District, Cuyahoga County · April 2, 2026 · No. 115670

Summary

The Ohio Eighth District Court of Appeals affirmed the trial court’s designation of Mother as the residential parent and legal custodian of S.B. The court held that the trial court did not abuse its discretion in determining that shared parenting was not in the child’s best interest, given the parents’ inability to communicate effectively and their conflicts regarding parenting. The court disregarded the remaining assignments of error because Father’s appellate brief did not comply with App.R. 16 and App.R. 12.

Holdings

  1. The court may disregard assignments of error when an appellant's brief fails to comply with App.R. 16(A)(3) and (7), and it disregarded Father's second, third, fourth, fifth, and seventh assignments of error for that reason.
  2. The trial court did not abuse its discretion by determining that shared parenting was not in S.B.'s best interest and by designating Mother as the residential parent and legal custodian.
  3. Father failed to demonstrate that the trial court abused its discretion in connection with the relocation-related issue, and the sixth assignment of error was overruled.

Questions Presented

  1. Whether the trial court abused its discretion by determining that shared parenting was not in S.B.'s best interest and by designating Mother as the residential parent and legal custodian.
  2. Whether the appellate court should consider Father's assignments of error when his brief failed to identify record support and separately argue the assignments as required by App.R. 16(A)(3) and (7).
  3. Whether the trial court improperly approved or otherwise erred regarding Mother's potential relocation to Georgia.

Disposition

affirmed

Cases Cited (6)

  • State ex rel. Fuller v. Mengel, 2003-Ohio-6448, ¶ 10(followed)
  • Sabouri v. Ohio Dept. of Job & Family Servs., 145 Ohio App.3d 651, 654 (10th Dist. 2001)(followed)
  • In re Z.C., 2023-Ohio-4703, ¶ 12(followed)
  • Masters v. Masters, 69 Ohio St.3d 83, 85 (1994)(followed)
  • Miller v. Miller, 37 Ohio St.3d 71, 74 (1988)(followed)
  • Trickey v. Trickey, 158 Ohio St. 9, 13 (1952)(followed)

Cited In (0)

No citing cases on record yet.

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