In re A.P.
CourtOhio Court of Appeals
Date FiledNovember 12, 2026
Docket115707; 116170
JudgeGroves
StatusPublished
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Full Opinion
[Cite as In re A.P., 2026-Ohio-4477.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
IN RE A.P. :
Nos. 115707 and
116170
A Minor Child :
[Appeal by K.P., Mother; :
Cross-Appeal by D.V., Father]
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED IN PART, VACATED IN PART,
AND REMANDED
RELEASED AND JOURNALIZED: November 12, 2026
Civil Appeal from the Cuyahoga County Court of Common Pleas
Juvenile Division
Case No. CU-17101374
Appearances:
Law Office of Anne S. Magyaros, LLC and Anne S.
Magyaros, for appellant/cross-appellee.
Anthony & Zomoida, LLC and David S. Anthony, for
appellee/cross-appellant.
EMANUELLA D. GROVES, P.J.:
Appellant/cross-appellee K.P. (“Mother”) and appellee/cross-
appellant D.V. (“Father”) appeal from the decision of the juvenile court terminating
their shared-parenting plan and finding Father in contempt of court.
Mother raises the following assignments of error:
Assignment of Error No. 1
The [juvenile court] erred in issuing an order for Father’s visitation
schedule and attendant terms that [were] never in evidence and [are]
not in A.P.’s best interests.
Assignment of Error No. 2
The [juvenile court] erred as a matter of law by ordering continued joint
decision making after terminating shared-parenting.
Assignment of Error No. 3
The [juvenile court] abused its discretion and erred in adopting
findings from a previously vacated magistrate’s decision, by failing to
find Father in contempt as supported by the evidence and by imposing
an unlawful and illusory purge condition.
Assignment of Error No. 4
The [juvenile court] erred by failing to order Father to grant
compensatory parenting time, reimbursement of fees and expenses
and Mother’s reasonable attorney fees and costs after finding him in
contempt.
Father’s cross-assignments of error claim:
Cross-Assignment of Error No. 1
The [juvenile court] abused its discretion by terminating shared-
parenting a[s] such decision is against the manifest weight of the
evidence.
Cross-Assignment of Error No. 2
The [juvenile court] abused its discretion by finding [Father] in
contempt without identifying the specific provisions of a court order
allegedly violated.
After a thorough review of the record, we affirm the juvenile court’s
decision terminating the shared-parenting plan and assigning parental rights and
responsibilities, reverse the finding of contempt, and remand the matter to the
juvenile court to make independent findings of fact and conclusions of law.
I. Factual and Procedural History
On October 24, 2018, the juvenile court adopted a magistrate’s
decision and journalized an agreed shared-parenting order executed by the parties.
The order designated Mother as the residential parent for school enrollment, and
assigned Father’s parenting time as follows:
School Schedule:
Every Tuesday after school or 4:00 p.m. (if no school) until
Wednesday morning at school, or 8:00 a.m. (if no school).
The week prior to Mother’s scheduled weekend, from Tuesday after
school or 4:00 p.m. (if no school) until Thursday morning at school
or 8:00 a.m. (if no school).
Alternating weekends from Friday after school or 4:00 p.m. (if no
school) through Sunday evening at 7:00 p.m.
Summer Schedule:
Every Tuesday from 4:00 p.m. until Wednesday at 4:00 p.m.
The week prior to Mother’s scheduled weekend, from Tuesday at
4:00 p.m. until Thursday morning at 8:00 a.m.
Alternate weekends from Friday at 10:00 a.m. through Sunday
evening at 7:00 p.m.
The shared-parenting plan also split holidays between the parents
based on even or odd years. Relevant to this appeal, Thanksgiving provided
parenting time from Thursday at 9:00 a.m. to Friday at 9:00 a.m. For Christmas,
the parents would alternate parenting time on Christmas Eve and Christmas Day.
The parents could deviate from the plan by agreement.
In January 2024, Mother filed a motion to terminate the shared-
parenting plan. Father filed a motion to modify the shared-parenting plan a few
months later. Subsequently, Mother filed an amended motion to terminate shared-
parenting, a motion to show cause, and a proposed parenting plan. A trial on these
motions commenced before a magistrate in October 2024.
Mother, Father, and the court-appointed parenting coordinator
(“PC”) and guardian ad litem (“GAL”) testified. Mother called the PC to testify in
her case-in-chief. The PC testified that he had been involved with the family for
approximately two years, which was longer than usual. Ordinarily, his involvement
with a family would be one year or one and a half years at most. He reached an
impasse with this couple because both parents, especially Father, were unhappy
with his role. Father asked the PC to resign and expressed that the PC held biases
and always ruled in Mother’s favor when making decisions. The PC described
Mother as “compliant and flexible” but Father insisted on a “50/50 plan,” which was
inconsistent with the shared-parenting plan. The PC relayed that Father felt misled
because he thought the goal of the PC was to change the shared-parenting plan to a
50/50 plan. However, the PC informed Father that he lacked authorization to
change the parties’ agreement but could tweak it and that the order appointing him
explicitly set out those limitations.
The PC went on to describe several conflicts the parents had during
his tenure. These included decisions regarding A.P.’s extracurricular activities,
religious education required by the church, whether she should pierce her ears, co-
bathing or showering with her sibling, concerns about her allergies, tutoring, and
whether they should evaluate A.P. for an individual education plan, or IEP.
The PC testified that Father acted contrary to the PC’s
recommendation more than once. For example, the PC recommended that A.P. sign
up for two extracurricular activities she was interested in. Father signed her up for
one with a large time commitment, which prevented her from signing up for the
other activity. The PC approved Father’s Christmas vacation but Father extended it
claiming that Mother took extra days on a vacation one to two years prior. The PC
concluded that making plans was always more complicated than it needed to be with
these parents.
When A.P. participated in activities, the PC encouraged Father to
enlist Mother’s help in transporting A.P. However, Father preferred that he, his wife
(“stepmother”), or his mother transport A.P. when it was his parenting time. He did
not want or seek Mother’s assistance.
The PC also noted that he issued several orders during his tenure on
the case. Mother followed the orders even when they were not in her favor. Father
did not always follow orders if they were not in his favor. He noted that the parents
should be able to communicate and make decisions without requesting the PC’s
intervention. When asked whether he believed the parents had A.P.’s best interests
at heart, the PC stated that he believed that Mother does and is “flexible and
compliant in every way.” However, the PC opined that Father thinks he has A.P.’s
best interest in mind, but only focused on fairness. Father expressed to the PC that
he believed it was in A.P.’s best interest to do what the rest of his children were doing.
The PC testified that Father does not take into consideration that A.P. is part of both
families. Further, the PC opined that Father does not respect Mother. The PC noted
that Father thought Mother was controlling, but the PC did not share that opinion.
On cross-examination by Father’s attorney, the PC acknowledged
that Father was striving to make the parenting time schedule fairer, but the PC had
a limited ability to make changes. The PC thought Father had reasonable concerns,
but the shared-parenting plan reflected the agreement of the parties. An example of
Father’s concerns was the Thanksgiving schedule. The shared-parenting plan
required A.P. to go back and forth to each parent’s house, and A.P. did not like that.
On further questioning, the PC agreed that he was the first one to
mention that he should step down, followed by Father’s request that he resign. He
noted that Father’s expectations did not allow Father to have much flexibility in the
way that he responded to Mother. Additionally, he noted that the parents should be
able to ascertain A.P.’s wishes without his involvement.
The PC recognized that Father’s family situation was more
complicated than Mother’s. Father had married and had a stepdaughter and three
other children, in addition to A.P. However, the PC noted it would be helpful if
Father would allow Mother to help. Ultimately, the PC opined that both parents
contribute to the problems, but not equally because there was more “obfuscation
and interference” on Father’s part.
Next, Mother testified. Mother explained that she filed a motion to
terminate the shared-parenting plan because she and Father had been engaged in a
“high-conflict battle” for ten years regarding how to raise A.P. During that time, they
had seen three parenting coordinators and a counselor, yet still struggled to make
everyday decisions for the child.
Mother addressed her concerns with A.P.’s education. A
kindergarten teacher had suggested that A.P. be placed on medication and an IEP.
When she tried to discuss those recommendations with Father, he merely stated he
agreed with the recommendation and would not discuss it further. Mother felt that
over the years, Father did not take A.P.’s learning difficulties seriously. Her main
concern was her belief that Father did not work with A.P. during his parenting time
to assist her with her learning challenges. She believed that Father opposed tutoring
and only cooperated with it when the court ordered him to do so. Because of Father’s
actions, Mother worked around Father’s schedule so that any tutoring took place
during her parenting time.
Mother’s concerns often stemmed from Father’s refusal to
accommodate any scheduled activities that took place during his parenting time.
Whether it was extracurricular activities, religious education, or tutoring, Mother
testified it was a struggle to get Father to make time for these activities, so A.P. would
miss events on occasion. Mother would schedule events during her parenting time
to avoid needing Father’s assistance.
Mother also expressed a concern that Father did not take A.P.’s health
seriously. Mother noted that she did not believe that Father followed a doctor’s
advice that A.P. cease co-bathing or showering with her siblings or keep Epi-Pens at
home in case A.P. had an allergic reaction.
Finally, Mother reported that she had received a call from someone
looking for information because Father was seeking to obtain a life insurance policy
on A.P. She expressed concern about this development.
On cross-examination, Father’s attorney explored her feelings about
the life insurance request. Mother testified that Father acquiring life insurance for
A.P. caused her to have “great concern” for A.P.’s safety. When asked directly
whether she thought Father took out life insurance on A.P. because he intended to
harm her, Mother responded, “I wouldn’t put it past him,” referencing Father’s
failure to take A.P.’s allergies seriously and not having an EpiPen available for A.P.’s
use when in Father’s care.
Mother acknowledged that the shared parenting plan called for her to
schedule certain activities during her parenting time. She further admitted that in
the past two years, she and Father had negotiated a different schedule for
Thanksgiving. Mother agreed that both she and Father thought these transitions
were not in A.P.’s best interest, and Father raised the issue with the PC.
Moreover, Mother acknowledged that the shared-parenting plan
placed the responsibility on the parents to “discuss activities important to the child
in advance, including times, dates, and transportation needs. . . .”
When Mother was asked about Father’s involvement in A.P.’s IEPs,
Mother agreed that Father participated in the IEP process each year. Mother also
acknowledged that she was aware Father had provided tutoring for A.P.
Mother testified that she had no direct knowledge about the co-
bathing and showering, but it was her assumption that the practice continued.
Mother also acknowledged that Father attends A.P.’s medical appointments and
that they have not had disagreements about medical care, “[b]ecause there hasn’t
really been anything that came up that we needed to agree or disagree on.”
Mother then rested and Father began his case, testifying on his own
behalf. Father testified that he had five daughters born between 2013 and 2023,
including A.P. Father thought the goal with the PC was to work towards a “better”
shared-parenting plan. In his opinion, parts of the plan were vague, and he hoped
to clarify aspects regarding pick-up times, scheduling times, and school breaks.
Father filed his motion to modify shared-parenting because every year he had to
remind the school to include him on notifications for A.P. and he thought a
modification would achieve that goal. He requested a 5-5-2-2 parenting plan
because he wanted equal time with A.P.1 He wanted Thanksgiving designated as a
school break and not a holiday because the children had the whole week off, and he
believed the plan should divide the time evenly. He also wanted the Christmas
1 A sample of a 5-5-2-2 plan could give Mother parenting time on Monday and
Tuesday and Father parenting time on Wednesday and Thursday every week, and then
each would take alternate weekends, Friday, Saturday, and Sunday. Effectively, the child
would have five consecutive days with each parent, then two additional days with each
over the course of two weeks.
school break divided evenly: one parent would have A.P. from the beginning of the
school break until Christmas at noon and the other would have A.P. from noon on
Christmas until the end of the school break, alternating each year.
Father testified that initially his relationship with the PC was “good”
and he felt heard. Over time, he felt like the PC was paying more attention to Mother
and ignoring his point of view. Addressing some of the specific issues raised thus
far, Father acknowledged that he did not react well to Mother’s decisions to pierce
A.P.’s ears. Father indicated that he supported tutoring for A.P. and provided his
own tutor for her during first through third grade. At the time of trial, A.P. saw a
tutor that both Mother and Father utilized. Father’s only complaint about tutoring
was that Mother would sometimes schedule tutoring during his parenting time
without discussing it with him first.
With respect to the life insurance policy, Father averred that his policy
expired, and the salespeople told him he could get life insurance for all five of his
children for a low price. He decided to acquire the plan, which is why the agent
contacted Mother.
Father described his relationship with A.P. as “very positive” and that
she was a girl who smiled from “ear-to-ear.” He explained that sometimes she was
guarded because she did not want her parents to be mad at her. He recognized that
A.P. loves both parents. However, he did not know whether A.P. understood the
animosity between Mother and Father.
Father also offered testimony about A.P.’s relationship with her
siblings. Father testified that A.P. and her second oldest sibling, i.e. her stepsister,
who is five days younger than A.P., have a hot and cold relationship, fighting one
minute and friends the next.2 The younger two sisters always looked forward to an
“[A.P.] day” and would constantly ask him when A.P. would visit. A.P. also had a
good relationship with her two-year-old sister. Father described A.P.’s relationship
with her stepmother as “good,” and noted that A.P. would ask her for help and
advice.
On cross-examination, Father acknowledged that he agreed to the
shared-parenting plan and did not express a desire for a 5-5-2-2 plan. Preliminarily,
Mother’s attorney questioned Father about whether he had adopted his
stepdaughter and whether her biological father was involved in her life. Father
established that he had not adopted her and that her biological father was not
involved. When asked whether he attended his “non-biological, non-adopted”
daughter’s events more than his “biological daughter’s” events, Father responded
that he had known his stepdaughter since she was six-months-old. Further, as a
father of five, he had to make decisions about whose event he would attend. He
acknowledged that sometimes he attended his stepdaughter’s events rather than
A.P.’s events.
2 Father referred to his stepdaughter as his daughter throughout his testimony.
Father also described his one-on-one activities with A.P. Father
described making dinner, catching up with her after school, going through her
homework sheets, kicking the soccer ball around, jumping on the trampoline, and
going for walks in the park. On further questioning, Father explained that some of
these activities occurred with the family and that he would ask questions of all the
children after school. Discussing activities with just himself and A.P., Father offered
that he and A.P. had one-on-one time when A.P. returned from school, which was
an hour before the other children returned home.
At the end of Father’s testimony, the GAL gave her recommendations.
The GAL recommended sole custody to Mother and that Mother make all medical
and school decisions, and Father may provide input. She further recommended:
(a) Father’s parenting time should be every other weekend from Friday
to Sunday, and Wednesday evenings from 6:00 p.m. to 8:00 p.m.;
(b) the remaining parenting time would be determined by the juvenile
court’s standard schedule for holidays, days of special meaning, and
vacations;
(c) Mother shall make clear to A.P. that she can request permission to
see Father and or be with his family. Mother shall endeavor to arrange
such time for A.P. by contacting Father on Our Family Wizard
(“OFW”), the court’s communication application;
(d) Father may contact A.P. once per day on her cell phone. A.P. may
contact Father as she wishes by phone, text or otherwise;
(e) Mother shall continue tutoring sessions for A.P. during Mother’s
parenting time as recommended by the tutor and school personnel.
Father may arrange for tutoring at his expense during his weekend
visits;
(f) Mother and Father shall continue to use OFW to communicate,
including using the calendar function to note A.P.’s activities at school
and with friends, in particular those that may occur on Father’s
weekend;
(g) A.P. should not be “over scheduled” on Father’s weekends;
(h) Both parents should recognize that there is a reasonable balance
between family time and A.P.’s personal time;
(i) Mother and Father should endeavor to keep their disagreements
from A.P. and each parent should make clear to A.P. that she can talk
to them about anything.
At the end of trial, the magistrate took the case under advisement and
issued a decision in November 2024. Mother subsequently filed a motion
requesting findings of fact and conclusions of law. The magistrate issued a
subsequent decision in February 2025. The parties both filed timely objections to
the magistrate’s decisions. After reviewing the magistrate’s decisions, the juvenile
court issued a journal entry vacating both decisions “in their entirety.” The court
further found that all objections to the magistrate’s decision were rendered moot.
The juvenile court assigned all future hearings to the appointed judge.
The court subsequently ordered each party to file proposed parenting
plans. In April 2025, Mother and Father complied with the juvenile court’s order.
Mother’s parenting plan assigned Father’s parenting time, as follows:
School schedule: Every other Friday at 6:00 p.m. to Sunday at 6:00
p.m.
Every Wednesday from 6:00 p.m. to 7:30 p.m., for one-on-one time
with the minor child as long as Father confirms with Mother via OFW
no less than 48 hours prior to the start of the parenting period. If the
child has a scheduled activity on Wednesday, the parenting period may
be moved by Father with Mother’s written agreement at least one week
in advance or Father shall transport the child to and/or from the event
during his parenting period. This responsibility to take the child to her
event shall not be delegated by Father to a third party (outside Mother)
if he cannot attend. If Father is unwilling or unable to make his weekly
parenting period, the time is forfeited.
Summer schedule: Other than vacation and holidays as set forth in this
Plan, the parties shall follow the regular parenting schedule. No
vacations by either party shall be scheduled the first seven days after
school recesses for the summer or in the seven days prior to school
resuming.
Father’s parenting plan provided, as follows:
School schedule – The parties shall follow a 5-5-2-2 parenting time
schedule with Father exercising parenting time on Monday and
Tuesday and Mother on Wednesday and Thursday. Further the parties
shall alternate weekends which are defined as Friday through Sunday.
All exchanges shall occur at school and if no school at the time school
begins.
Summer schedule – The parties to follow a week on/week off during
the summer recess with exchanges occurring on Wednesday at 5:00
p.m. The summer recess shall begin on the first Wednesday after the
last day of school and end on the last Wednesday prior to
commencement of school. Father shall have the first week of summer
recess in odd-numbered years and Mother shall have the first week of
summer recess in even-numbered years.
Unavailability of a parent – A parent must notify the other parent that
they will be out of town, without the child, for work for a period in
excess of twelve (12) hours and if it is that parent’s parenting time the
third party that will be providing care for the child in their absence.
This provision shall not be construed as a right of first acceptance or
refusal.
In May 2025, the juvenile court issued a temporary parenting order.
The order retained Mother as the residential parent for school purposes. Father’s
parenting time would start every other Friday after school (or 6:00 p.m. if school
was not in session), until Sunday evening at 6:00 p.m. This changed the pick-up
time and return time in the shared-parenting plan, which was after school (4:00
p.m. if school was not in session) until 7:00 p.m. on Sunday. Additionally, the
temporary order assigned Father parenting time every Wednesday after school until
Thursday morning at school (10:00 a.m. if school was not in session). This varied
from the shared-parenting plan in two ways. The shared-parenting plan called for
visits on Tuesday, and the return time was 8:00 a.m. the following day if school was
not in session. Also, it removed Father’s extended weekday visit on Mother’s
weekend. The court also ordered an in-person settlement conference for later that
month and a motion hearing in July 2025.
In July 2025, the juvenile court conducted a hearing on the
outstanding motions, including Mother’s motion and amended motion to terminate
shared-parenting and her motion to show cause and Father’s motion to modify
shared-parenting.3 The parties agreed that there would be no further testimony, the
juvenile court could review the October 2024 trial transcripts, and they would
present oral arguments in support of their cases. After listening to arguments of
counsel, the juvenile court heard the GAL’s recommendation. The GAL noted that
since the October 2024 trial, she had the opportunity to speak privately with A.P.
three times to assist in the best-interest determination. The GAL stated that A.P.
expressed a desire for more parenting time with Father because there was a new
sibling on the way. The GAL noted that Father had not complied with the
requirement that he spend one-on-one time with A.P.; however, Father had
3 The juvenile court’s journal entry lists Mother’s motion to terminate shared
parenting and amended motion to terminate shared parenting as pending consideration
as of the July 2025 hearing.
discussed the reasoning with A.P. and she seemed to accept Father’s response. The
GAL met with Mother and Father several times as well.
The GAL then discussed her current recommendation, which was a
departure from her recommendations in October 2024 and April 2025.
Preliminarily, she noted that shared-parenting could not work and that it was not in
A.P.’s best interest. She continued to recommend that the juvenile court designate
Mother as A.P.’s legal custodian. She recommended that Father’s parenting time
should be every other weekend from Friday after school (4:00 p.m. when school was
not in session) until Sunday at 8:00 p.m. Further, Father should have a Wednesday
visit after school (4:00 p.m. when school was not in session) until 8:00 p.m. on
Thursday.
Mother questioned the new recommendation, noting that it was a
“radical departure” from the GAL’s recommendations at trial in October 2024, and
in her October 2024 and April 2025 GAL reports. While the GAL acknowledged that
Father had not met the goal of one-on-one time with A.P. in the months after the
trial, she repeatedly explained that her recommendations were determined by A.P.’s
best interests.
In September 2025, the juvenile court issued its decision and found
that the parents “cannot co-parent to the degree needed for shared-parenting.” The
juvenile court designated Mother as the residential parent and legal custodian for
A.P. and assigned Father’s parenting time, as follows:
Every other Friday after school (or 3:00 p.m., if school was not in
session) until Sunday evening at 7:00 p.m.
One weeknight after school until the following evening at 8:00 p.m.
A.P. alone will have the discretion to pick the best night for her on a
quarterly basis, based on her current activity and school schedule.
Once a month, Father shall use his parenting time, whether on a
weeknight or weekend to do something just with A.P. for at least one
hour.
This order increased the weekend schedule from the court’s May
2025 temporary order by approximately four hours. The weekday schedule also
increased Father’s parenting time by approximately 12 hours, changing the return
time from the start of school or 8:00 a.m. to 8:00 p.m. Nevertheless, the order was
a reduction in the parenting time assigned to Father in the October 2018 shared-
parenting plan.
In addition, the juvenile court made the following rulings:
The parents shall consult with each other about the child’s medical care
needs and each shall immediately notify the other parent about all
major non-emergency medical decisions before authorizing a course of
treatment. . . . If the parties cannot agree regarding a course of
treatment, the mother’s decision shall control.
...
Both parents shall allow [A.P.] some self-determination as she grows
older to spend time with both sides of her family outside of the court
ordered parenting time and hopefully work increasingly together with
their daughter as she grows older to accommodate her voice and
preferences time spent with both sides of the family.
...
Mother and Father shall notify the other parent via OFW if they will be
out of town without the child for a period in excess of 12 hours during
their parenting time and the third party who will be providing care for
the child in their absence. The other parent should be offered to take
the extra time with the child first before setting up third-party
arrangements.
...
Communications by parents shall be done through OFW. Each party
shall respond to the other’s request or notification within 48 hours if a
response is required. A party’s failure to respond within such time
period without requesting an extension of time to obtain further
information with which to reply, including but not limited to seeking
legal counsel or independent medical advice, shall be deemed a consent
or a waiver, as the case may be, of the matter posted.
...
[After subscribing to OFW for one year], [t]he parties shall thereafter
conduct all communications regarding their minor child on this
website. The parties shall not telephone, text or e-mail each other
directly regarding issues relating to their child but instead shall post all
communication exclusively on the website.
...
Days of special meaning and holidays subject to original shared-
parenting plan agreement unless otherwise agreed to by the parties.
Thanksgiving is defined as a school break and should be divided
equally.
Mother filed a request that the juvenile court issue a ruling on her
motion to show cause. In September 2025, the juvenile court granted the motion,
noting that it adopted the magistrate’s original ruling “except” it suspended both the
fine and court costs. The juvenile court also “encouraged [the parents] to consider
the recent Court ruling as a fresh start and work towards parenting in the best
interest of their child in a flexible and collaborative way.”
Next, the court made further ruling on Mother’s request for fees and
expenses, finding that “all fees and expenses have been ordered to be paid by the
proper parties in prior journal entries. It is therefore ordered that motion for fees
and expenses is now moot.” In a separate order, the juvenile court granted the GAL’s
motion for fees and ordered that the parties split the fees evenly. The court also
found that the parties are responsible for their own attorney fees.
Mother filed a motion for clarification or reconsideration. The
juvenile court journalized its response in October 2025 addressing its prior rulings.
With respect to Mother’s motion to show cause, the juvenile court adopted the
magistrate’s findings issued in February 2025, which the court had previously
rejected, and found that Father failed to abide by the Thanksgiving holiday or the
winter break schedule. The court further found that Father voiced frustrations with
Mother on several occasions in front of A.P. The court concluded that Father was
in contempt of court for violating the court’s October 9, 2018 order which was the
magistrate’s decision ratifying the parties’ shared-parenting plan. As a result, the
court imposed a fine of $250 and a term of incarceration for 30 days, then
suspended both the sentence and fine. Father could purge the suspended sentence
by “not violating any orders of this Court for the next twelve (12) months.”
Mother and Father appeal the September and October decisions
terminating shared parenting, finding Father in contempt of court, and denying
Mother’s requests for attorney’s fees, expenses, and compensatory parenting time
after finding Father in contempt.
II. Law and Analysis
A. Termination of the Shared-Parenting Plan
In his first cross-assignment of error, Father challenges the juvenile
court’s ruling terminating the shared-parenting plan. In her first and second
assignments of error, Mother challenges the decision that increased Father’s
parenting time and ordered continued joint decision making.
Our review of a motion to terminate a shared-parenting plan, is
governed by R.C. 3109.04(E)(2)(c), which states:
The court may terminate a prior final shared-parenting decree that
includes a shared-parenting plan . . . upon the request of one or both of
the parents or whenever it determines that shared-parenting is not in
the best interest of the children. . . .
In making the decision whether to terminate a shared-parenting plan,
the sole concern of the court is the best interests of the child. Bruns v. Green, 2020-
Ohio-4787, ¶ 20. The court does not need to consider whether there was a change
of circumstances to make a ruling under R.C. 3109.04(E)(2)(c). In re J.R.P., 2026-
Ohio-827, ¶ 14 (8th Dist.), citing Bruns at id.
Furthermore, an appellate court reviews a court’s best-interest
determination for an abuse of discretion. Id. at ¶ 18. A court abuses its discretion
when its ruling is “unreasonable, arbitrary or unconscionable.” In re F.T., 2020-
Ohio-1624, ¶ 60 (8th Dist.), citing Blakemore v. Blakemore, 5 Ohio St.3d 217, 219
(1983). Moreover,
“[t]his highly deferential standard of review rests on the premise that
the trial judge is in the best position to determine the credibility of
witnesses because he or she is able to observe their demeanor, gestures
and attitude.”
J.R.P. at id., quoting In re L.S., 2003-Ohio-2045, ¶ 12 (8th Dist.).
However, the Ohio Supreme Court has held that “‘courts lack
the discretion to make errors of law, particularly when the [inferior] court’s decision
goes against the plain language of a statute or rule.’” (Brackets in original.) State v.
Jones, 2025-Ohio-5389, ¶ 19, quoting Johnson v. Abdullah, 2021-Ohio-3304, ¶ 39.
A reviewing court may not substitute its judgment for the judgment
of the lower court where that judgment is supported by competent, credible
evidence. Bertalan v. Bertalan, 2025-Ohio-1443, ¶ 70 (8th Dist.), citing Hunter v.
Troutman, 2025-Ohio-366, ¶ 64 (8th Dist.).
In examining whether shared-parenting is in the best interest of the
child, R.C. 3109.04(F)(2) instructs the juvenile court to consider, in pertinent part,
“all relevant factors, including, but not limited to,” the factors enumerated in
R.C. 3109.04(F)(1), and the following:
(a) The ability of the parents to cooperate and make decisions jointly,
with respect to the children;
(b) The ability of each parent to encourage the sharing of love, affection,
and contact between the child and the other parent;
...
(d) The geographic proximity of the parents to each other, as the
proximity relates to the practical considerations of shared-parenting;
(e) The recommendation of the guardian ad litem of the child, if the
child has a guardian ad litem.
R.C. 3109.04(F)(2).
The relevant factors in R.C. 3109.04(F)(1) include:
(a) The wishes of the child’s parents regarding the child’s care;
...
(c) The child’s interaction and interrelationship with the child’s
parents, siblings, and any other person who may significantly affect the
child’s best interest;
(d) The child’s adjustment to the child’s home, school, and community;
(e) The mental and physical health of all persons involved in the
situation;
(f) The parent more likely to honor and facilitate court-approved
parenting time rights or visitation and companionship rights;
...
(i) Whether the residential parent or one of the parents subject to a
shared-parenting decree has continuously and willfully denied the
other parent’s right to parenting time in accordance with an order of
the court;
(j) Whether either parent has established a residence, or is planning to
establish a residence, outside this state.
Father describes the juvenile court’s decision to terminate the shared-
parenting plan as “absurd.” He argues that the juvenile court’s findings conflict
because some support termination while others support continuing the shared-
parenting plan with modifications.
To support his argument, Father claims that the juvenile court’s
findings show that both parents contributed to the dysfunctional shared-parenting
arrangement, citing the court’s findings pursuant to R.C. 3109.04(F)(1)(e), (f), and
(i) and 3109.04(F)(2)(a) and (b).
The relevant findings were as follows:
No concern for [the] physical health of Mother or Father. Concern for
both parents’ failure to put their child first and amicably co-parent
together despite years of attempts with coordinators, etc., is a mental
health concern for both parents. Also concerned for the long-term
mental health for the child given the nature of the parenting
relationship and failure for the parties to be cordial in the community.
[R.C. 3109.04(F)(1)(e)]
The ongoing drama between the parents and the way the parents treat
each other is a concern for the mental health of the child. There is no
concern for the safety of the child[.] Both parents are required to have
any active medication for [A.P.] not expired and at their homes.
[R.C. 3109.04(F)(1)(e)]
There is not a positive working relationship between the parents to
resolve issues on their own in regards to visitation, etc.
[R.C. 3109.04(F)(1)(f)]
Both parents have failed to be able to participate in a shared-parenting
arrangement. Parties always return to litigation and the last parent
coordinator quit and testified his involvement was unsuccessful for the
family. [R.C. 3109.04(F)(1)(i)]
The parents are unable to cooperate and make joint decisions that are
in the best interest of the child. The testimony of the most recent
parenting coordinator and the recommendation of the GAL both reflect
that shared-parenting is not working. They have used multiple
resources including but not limited to mediation, parenting coaches,
and coordinators