Summary
The Fifth District Court of Appeals of Ohio affirmed a Fairfield County Juvenile Division judgment awarding legal custody of A.B. to Monica Lampron and granting paternal grandmother Laura Shufeldt limited visitation. The court held that the custody and visitation decisions were supported by the evidence and did not constitute an abuse of discretion. It also upheld consideration of the guardian ad litem report and rejected the claim that Shufeldt was entitled to designation as a non-residential parent for statutory notice purposes.
Holdings
- The juvenile court did not abuse its discretion by awarding legal custody of A.B. to Monica Lampron because the award was supported by a preponderance of the evidence and was in A.B.'s best interest.
- The juvenile court did not abuse its discretion by limiting Shufeldt's visitation to one weekend per month and restricted holiday time.
- The juvenile court did not err by considering the guardian ad litem's report despite the alleged failure to complete every duty under Supreme Court of Ohio Rule 48.03.
- The juvenile court did not err by declining to designate Shufeldt as a non-residential parent for purposes of access to A.B.'s records because Shufeldt was not a non-residential parent and identified no authority requiring that designation.
Questions Presented
- Whether the juvenile court abused its discretion by awarding legal custody of A.B. to Monica Lampron.
- Whether the juvenile court abused its discretion by limiting Laura Shufeldt's grandparent visitation to one weekend per month and restricted holiday time.
- Whether the juvenile court erred by considering the guardian ad litem's report despite alleged noncompliance with Supreme Court of Ohio Rule 48.03.
- Whether the juvenile court erred by failing to designate Shufeldt as a non-residential parent for purposes of statutory notice and access to the child's records.
Disposition
affirmed
Cases Cited (7)
- In re C.V.M., 2012-Ohio-5514, ¶ 7 (8th Dist.)(followed)
- In re B.B., 2016-Ohio-7994, ¶ 18 (9th Dist.)(followed)
- In re Mullen, 2011-Ohio-3361, ¶ 14(followed)
- In re H.J.H., 2019-Ohio-116, ¶ 3 (1st Dist.)(followed)
- Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983)(followed)
- In re K.R. 1, 2022-Ohio-1768, ¶ 17 (5th Dist.)(followed)
- Rownd v. Marcelli, 2016-Ohio-7142, ¶ 14(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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