In re J.S. ( 2021 )


Menu:
  • [Cite as In re J.S., 2021-Ohio-1678.]
    IN THE COURT OF APPEALS OF OHIO
    SIXTH APPELLATE DISTRICT
    LUCAS COUNTY
    In re J.S., H.S., K.V.                             Court of Appeals No. L-20-1109
    Trial Court No. 19272672
    DECISION AND JUDGMENT
    Decided: May 14, 2021
    *****
    Anthony J. Richardson II, for appellant.
    *****
    ZMUDA, P.J.
    I. Introduction
    {¶ 1} Appellant, H.S., appeals the June 22, 2020 judgment of the Lucas County
    Court of Common Pleas, Juvenile Division, naming appellee, J.S., the residential parent
    and legal custodian of their only child, K.V.1 For the reasons that follow, we affirm the
    trial court’s judgment.
    1
    Pursuant to the trial court’s judgment, K.V.’s birth certificate was ordered to be
    amended to reflect a change of last name to match appellee’s. For consistency, we
    reference K.V. by his name as captioned in this appeal despite the name change.
    A. Facts and Procedural Background
    {¶ 2} The parties have one child, K.V., born on January 4, 2019. At the time of
    K.V.’s birth, appellant was 18 and appellee was 17. The parties have never been married.
    On January 17, 2019, appellee’s mother, C.S., filed a complaint to establish a parent/child
    relationship and a motion to establish allocation of parental rights and responsibilities on
    appellee’s behalf. Prior to the filing of the complaint, the parties had not entered into any
    agreement regarding parenting time and visitation.
    {¶ 3} At the initial pretrial hearing, the parties were ordered to attend mediation on
    May 21, 2019. There, the parties agreed to an interim parenting schedule in which
    appellant would remain the residential parent and appellee would be permitted parenting
    time, supervised by appellant, on Sundays, Wednesdays, and Fridays. The Sunday and
    Friday visitations were to take place at appellee’s mother’s residence. The Wednesday
    visitation was to take place at either appellee’s mother’s residence or at the residence of
    M.B., a mutual friend of both parties’ families. The agreement did not state a
    presumption as to the location of the Wednesday visits or a procedure by which the
    parties would select the location. The magistrate approved of the parties’ interim
    agreement and incorporated it into an order the following day (“Interim Order No. 1”).
    The magistrate also ordered the parties to attend a second mediation on July 11, 2019, to
    address any remaining issues.
    {¶ 4} Appellant initially facilitated appellee’s parenting time without incident.
    Then, a few weeks after the mediation, appellant and her grandfather were involved in a
    2.
    physical altercation with members of appellee’s extended family at her high school
    graduation. Appellant alleges that appellee’s cousin pushed her from behind while she
    was carrying K.V. Appellant’s sister intervened and removed K.V. from the scene.
    Appellant then engaged in a physical confrontation with members of appellee’s family
    before exiting the ceremony. Outside, she and her grandfather were approached by
    responding police officers. After speaking with the officers, appellant was arrested and
    charged with misdemeanor assault. She was ultimately found not guilty. Appellee was
    not present at the graduation ceremony or for the altercation.
    {¶ 5} Both parties agree that appellee did not receive his ordered parenting time
    after the altercation. On June 27, 2019, appellee filed a motion to show cause why
    appellant should not be held in contempt for violating Interim Order No. 1. Appellee
    alleged that on at least four occasions, appellant denied him his parenting time with K.V.
    The motion to show cause was still pending at the time of the second mediation. The
    mediator determined that the case was not appropriate for mediation at that time. The
    magistrate set the matter for trial on October 10, 2019.
    {¶ 6} On that date, the parties made a joint request to continue the trial and instead
    to hold a hearing on appellee’s show cause motion. The magistrate granted the parties’
    request and conducted the requested hearing. The magistrate determined that appellant
    failed to comply with Interim Order No. 1 which required appellee to receive supervised
    parenting time. The magistrate entered a new order (“Interim Order No. 2”) providing
    appellee with unsupervised parenting time on Sundays, Wednesdays, and Fridays
    3.
    beginning on October 11, 2019. Appellee’s Sunday parenting time was to convert to
    overnight parenting time ending on Monday mornings beginning on November 3, 2019.
    K.V. was to be picked up at appellant’s residence for appellee’s parenting time.
    Appellant was ordered to provide appellee with a diaper bag containing all of the food,
    formula, clothing, and diapers necessary for K.V.’s care as well as a written schedule of
    K.V.’s routine.
    {¶ 7} On October 23, 2019, at appellee’s request, the magistrate appointed a
    guardian ad litem, Amy Stoner, to represent the interests of K.V. Stoner conducted in-
    person interviews with appellant and appellee and observed their interactions with K.V.
    at each of their respective residences. Stoner also interviewed appellant’s grandfather
    and appellee’s mother.
    {¶ 8} On November 19, 2019, appellee filed his second motion to show cause why
    appellant should not be held in contempt for violating Interim Order No. 2. Appellee
    alleged that appellant denied him the parenting time granted in the order on numerous
    occasions. The parties again attempted mediation on December 3, 2019, but no
    agreement was reached.
    {¶ 9} On January 21, 2020, appellee filed a combined emergency motion to show
    cause, for possession of the minor child, and for supervised visitation for appellant.
    Appellee’s motion alleged appellant failed to comply with Interim Order No. 2 by
    denying him his parenting time on January 17, 2020. On that date, appellee arrived for
    his scheduled parenting time. After K.V. was placed in appellee’s vehicle, appellee and
    4.
    his mother engaged in a physical altercation with appellant’s mother and sister. During
    the altercation, appellant took K.V. from appellee’s vehicle and refused to allow appellee
    to take K.V. as ordered. Appellee’s motion was heard the following day. The trial court
    ordered both parties to undergo psychiatric evaluations and also amended Interim Order
    No. 2 to state that transfer of K.V. was to take place at the Toledo Police Department’s
    Scott Park Location in Toledo, Ohio. The matter was set for trial on March 10, 2020.
    {¶ 10} The trial took place over two days on March 10 and June 15, 2020. The
    following relevant testimony was presented at trial:
    Testimony of Appellant H.S.
    {¶ 11} Appellant testified on both days of the trial. Appellant began her
    March 10, 2020 testimony stating that from K.V.’s birth up to the date of trial, she had
    never identified appellee as K.V.’s father on any medical records. Appellant explained
    that she did this because before K.V. was born, appellee told her that he did not want to
    be involved in K.V.’s life. Appellant also identified appellee’s refusal to provide
    financial support or to purchase any clothing or other materials necessary for K.V.’s care
    as the basis for her decision. Appellant conceded that because appellee has not been
    identified as K.V.’s father, he has been unable to access K.V.’s medical records or ask
    questions of his pediatrician. Appellant acknowledged that should appellee be allocated
    any parental rights or responsibilities that it would be important for him to have access to
    K.V.’s medical information. She testified that she would add appellee to all of K.V.’s
    medical documentation moving forward.
    5.
    {¶ 12} Appellant next testified regarding her compliance with Interim Order
    No. 1. She acknowledged that appellee was entitled to supervised parenting time at his
    mother’s house on Mondays and Fridays and at either his mother’s house or M.B.’s house
    on Wednesdays. While the parenting time was initially honored as ordered, appellant
    refused to allow appellee his ordered time following the incident at her high school
    graduation. Appellant testified she was scared to drop K.V. off at appellee’s house out of
    fear that his family members would attack her. She explained that her fear was
    exacerbated by social media posts made by appellee’s family that she perceived as threats
    to her safety. She testified that the posts did not mention her by name and that none of
    the posts were made by appellee. She believed, however, that appellee should have
    discouraged his family members from making any threats and deleted their comments
    when possible.
    {¶ 13} Appellant also alleged that K.V. was not safe at appellee’s residence
    because his family drank alcohol and consumed drugs in his presence. She claimed that
    she had pictures of the drug use, an apparent reference to a photograph of appellee’s aunt,
    M.S., holding K.V. at a residence where drugs were present.
    {¶ 14} Appellant informed appellee that following the graduation altercation and
    because she believed K.V. was unsafe at appellee’s residence, that his parenting time
    established in Interim Order No. 1 had to be at her residence or a mutually agreed upon
    public place. She also told appellee that he had to be alone when he picked up K.V. She
    conceded that these additional requirements were not included in Interim Order No. 1.
    6.
    Nevertheless, appellant testified that she complied with Interim Order No. 1. It was her
    belief that if appellee truly wanted to see K.V. that he would accommodate her requests
    and that not agreeing to her conditions was “his choice.”
    {¶ 15} During her testimony, appellant was presented with a printout of text
    messages from June 2019 to September 2019. The messages were sent from appellee to
    appellant and reflected appellee’s desire to see K.V. during his ordered parenting time.
    Appellant did not respond to the majority of appellee’s messages. Appellant claims that
    she did not receive the messages to which she did not respond and suggested that the
    printout was fabricated to make her look nonresponsive. When she did respond, she
    informed appellee of the previously-described conditions under which she would allow
    him to see K.V.
    {¶ 16} Regarding the October 11, 2019 hearing on appellee’s motion to show
    cause, appellant testified that her desire was for the magistrate to set aside Interim Order
    No. 1 and not allow appellee any parenting time. She testified that she did not feel her
    “son’s safety is being followed over there.” She again claimed that she had photographs
    of drugs and cigarettes in the house and that when she used to visit there, appellee and his
    family smoked marijuana. Appellant testified that she requested Lucas County
    Children’s Services (“LCCS”) investigate appellee and his family for emotional
    maltreatment and physical abuse of K.V. based on K.V. returning to her residence with
    diaper rash and unexplained abrasions on his knuckles following appellee’s parenting
    time. She received a letter from LCCS dated October 10, 2019, informing her that her
    7.
    allegations were unsubstantiated. Appellant also testified that despite her allegation that
    appellee and his mother were abusing drugs, they both passed a drug test administered
    during LCCS’s investigation.
    {¶ 17} On January 17, 2020, appellant was involved in another altercation with
    appellee when he and his mother went to pick up K.V. at appellant’s residence pursuant
    to Interim Order No. 2. Appellant testified that K.V. was screaming and did not want to
    go with appellee. She claimed that appellee physically nudged and slapped her mother
    who was trying to record K.V. screaming with her cell phone. Appellant’s sister then
    entered the altercation and began striking appellee and his mother. Appellant removed
    K.V. from the vehicle and took him back inside her residence. As she did, appellee stated
    that he was going to kill her. Both appellant’s sister and mother had physical injuries as a
    result of the altercation. No charges were filed as a result of this incident.
    {¶ 18} Appellant was recalled to testify on the second day of trial on June 15,
    2020. She alleged that appellee had declined to exercise his right to parenting time since
    the previous trial date. She testified that she has made arrangements for K.V.’s transfer at
    the police station as required by the amended Interim Order No. 2 but that appellee
    always failed to show up. She produced screenshots from her phone identifying her
    phone’s location at the police station for the time which she alleges corresponds with the
    arranged transfer time. She also testified that she informed appellee that since the onset
    of the COVID-19 pandemic and the related stay-at-home order imposed after the
    March 10, 2020 trial date, that all parenting time under Interim Order No. 2 would take
    8.
    place at her house or by way of video-conferencing despite the existing order stating
    otherwise. She conceded that appellee had not had any of his ordered parenting time
    since the March 10, 2020 trial date.
    Testimony of Appellee J.S.
    {¶ 19} Appellee’s testimony took place on the second day of trial. His testimony
    described the events in reverse chronological order. He began his testimony stating that
    he has been unable to see K.V. since just before the March 10, 2020 trial date. Appellee
    testified that he has appeared at the police station as required in the amended Interim
    Order No. 2 but that appellant has failed to appear or contact him explaining her absence.
    He filed a police report each time appellant failed to arrive for K.V.’s pickup until the
    building was closed to the public as a result of the COVID-19 pandemic. He testified he
    did not receive any communication from appellant regarding video-conferencing with
    K.V. during the pandemic.
    {¶ 20} Appellee testified that in accordance with Interim Order No. 1, appellant
    initially facilitated his parenting time. While Interim Order No. 1 was in effect, appellee
    never agreed for his Wednesday parenting time to take place at M.B.’s residence as was
    permitted by the agreement. He did not know M.B. and only agreed to that term at the
    first mediation because he was not represented by counsel and wanted to make appellant
    happy. At no point did he try to obtain M.B.’s contact information. He also testified that
    he was not comfortable spending his parenting time at appellant’s residence, as she
    demanded following the graduation incident, because her grandfather had threatened him.
    9.
    {¶ 21} Appellee denied appellant’s allegation that his residence is unsafe. He
    testified that he has all of the necessary supplies available to take care of K.V. Further,
    he testified that he has a crib for K.V. to sleep in and that, despite multiple family
    members living at his residence, that he alone would share a room with K.V. should he be
    named the residential parent and legal guardian.
    Testimony of C.S.
    {¶ 22} C.S. is appellee’s mother. She resides with appellee, her mother, her
    daughter, her sister, and two of appellee’s cousins. She testified that appellee is a good
    father and takes care of K.V. when he is afforded his parenting time. She denied that
    anyone at the residence uses drugs.
    {¶ 23} C.S. testified that she was aware of a photograph of her sister, M.S.,
    holding K.V. in the presence of marijuana. C.S. stated that the picture was not taken at
    her residence and that she let M.S. know that she was angry M.S. took her grandson to a
    location where drugs were present. M.S. still lives with C.S.
    {¶ 24} C.S. confirmed that an altercation occurred between the parties on
    January 17, 2020. She testified that she heard appellee tell appellant that he was going to
    kill her. She testified that appellee’s outburst was out of character and was said in the
    midst of a physical altercation. She does not believe appellee’s statement to have been
    threatening.
    10.
    Testimony of M.B.
    {¶ 25} M.B. is a friend of both appellant’s and appellee’s relatives. She agreed to
    have her residence serve as the location for appellee’s Wednesday parenting time under
    Interim Order No. 1 as a favor to appellant. She was unaware of the days on which her
    home could be used for appellee’s parenting time and did not know that that the order
    listed her residence as one of two possible locations for appellee’s Wednesday parenting
    time. She testified that appellant came to her house nine to ten times throughout the
    summer of 2019, ostensibly to permit appellee his parenting time. M.B. was unaware if
    appellant notified appellee of her planned visits or what day of the week they occurred.
    M.B. never provided appellee with her phone number or address.
    Testimony of M.V.
    {¶ 26} M.V. is appellant’s grandfather. Appellant and K.V. resided with M.V.
    from the time of K.V.’s birth and still resided there at the time of the trial. M.V. testified
    that appellant is a great mother. He testified that appellee does not support K.V.
    financially or by providing any necessary supplies. M.V. denied that he or appellant ever
    refused to permit appellee to utilize his ordered parenting time. M.V. testified that when
    appellee did pick up K.V. for his parenting time that K.V. appeared anxious and cried.
    {¶ 27} M.V. was present for the altercation at appellant’s graduation. He testified
    that appellee’s family attacked appellant in an effort to take K.V. He recounted that
    appellant was arrested outside the ceremony and charged with assault. He also testified
    11.
    that after her acquittal, appellee’s family waited outside the courtroom and verbally
    threatened her.
    Testimony of T.V.
    {¶ 28} T.V. is appellant’s mother. She testified that appellant invited appellee to
    her first prenatal care appointment. T.V. stated that while appellee was present for the
    visit he was distracted by phone calls from his mother complaining about how long the
    appointment was taking. T.V. drove appellee home from the appointment and he also
    complained about how long it had taken.
    {¶ 29} T.V. noted that during the pregnancy, appellant provided appellee with an
    in utero ultrasound photograph of K.V. T.V. testified that appellee later returned and
    threw the ultrasound picture onto her front porch. T.V. perceived this as an indication
    appellee did not wish to be involved with K.V.
    {¶ 30} T.V. also expressed concern about K.V.’s well-being when he is with
    appellee. T.V. testified that when appellee arrives for his parenting time that K.V. cries
    and says he does not want to leave.
    Testimony of guardian ad litem Amy Stoner
    {¶ 31} Guardian ad litem Amy Stoner was appointed on October 24, 2019. She
    testified that she observed K.V. at both appellant and appellee’s residences. Stoner
    believes that K.V. was comfortable in both households. Stoner also conducted both in-
    person and phone interview with all parties. Based on her observations and interviews,
    Stoner determined it was in K.V.’s best interest that appellee be named his residential
    12.
    parent and legal guardian. Stoner also expressed the importance of K.V. maintaining a
    relationship with both parents and determined it was in K.V.’s best interest that appellant
    be granted parenting time on alternating weekends and overnight parenting time each
    Tuesday to Wednesday.
    {¶ 32} Stoner testified that she considered all factors outlined in R.C. 3109.04(F)
    in making her best interest determination. Specifically, she testified that while most
    factors did not weigh in favor of either party, appellee was more likely to honor and
    facilitate court-approved parenting time rights and was more likely to encourage the
    sharing of love, affection, and contact between K.V. and appellant. Stoner expressed
    concerns over appellant’s ability to facilitate a relationship between K.V. and appellee if
    she were named the legal guardian based on her failure to comply with previous court
    orders and her prior statements that it was not important for K.V. and appellee to have a
    relationship. Stoner stated that appellant’s history as the primary caregiver for K.V.
    during his entire life did weigh in appellant’s favor but consideration of this factor did not
    alter her recommendation. Stoner also determined that it was in K.V.’s best interest not
    to have any unsupervised contact with appellee’s aunt M.S.
    Judgment Entry
    {¶ 33} The trial court rendered its judgment with an entry dated June 22, 2020.
    The trial court named appellee the residential parent and legal guardian of K.V.
    Appellant was granted parenting time in accordance with a schedule attached to the
    13.
    judgment entry.2 The trial court also ordered that K.V. shall not have any unsupervised
    contact with his paternal aunt, M.S.
    B. Assignments of Error
    {¶ 34} Appellant timely appealed and asserts the following errors for our review:
    1. The trial court abused its discretion in naming [appellee]
    residential parent and legal guardian of [K.V.]
    2. In the alternative, the case should be remanded to the trial court
    to clarify or modify the judgment entry in reference to unsupervised contact
    with paternal aunt M.S.
    II. Analysis
    {¶ 35} In her first assignment of error, appellant argues that the trial court abused
    its discretion in naming appellee the residential parent and legal guardian of K.V. A trial
    court is given broad discretion in its determination of parental custody rights. Miller v.
    Miller, 
    37 Ohio St. 3d 71
    , 
    523 N.E.3d 846
    (1988). “A trial court’s custody determination
    will not be disturbed unless the trial court abused its discretion.” In re. M.N., C.Y., 6th
    Dist. Lucas No. L-15-1317, 2016-Ohio-7808, ¶ 10, citing Bechtol v. Bechtol, 49 Ohio
    St.3d 21, 23, 
    550 N.E.2d 178
    (1990). “An abuse of discretion involves more than an
    error of judgment; it implies an attitude of unreasonableness, unconscionability, or
    2
    Appellant does not challenge the amount of parenting time granted to her in the
    judgment entry.
    14.
    arbitrariness.”
    Id., citing Blakemore v.
    Blakemore, 
    5 Ohio St. 3d 217
    , 219, 
    450 N.E.2d 1140
    (1983).
    {¶ 36} Appellee sought an allocation of parental rights and responsibilities through
    an original action pursuant to R.C. 3109.04(B)(1). To determine the allocation of
    parental rights and responsibilities in an original action, “the court shall take into account
    that which would be in the best interest of the children.” R.C. 3109.04(B)(1). “In
    determining the best interest of a child * * * the court shall consider all relevant factors
    including, but not limited to:
    (a) The wishes of the child’s parents regarding the child’s care;
    (b) If the court has interviewed the child in chambers pursuant to
    division (B) of this section regarding the child’s wishes and concerns as to
    the allocation of parental rights and responsibilities concerning the child,
    the wishes and concerns of the child, as expressed to the court;
    (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;
    15.
    (f) The parent more likely to honor and facilitate court-approved
    parenting time rights or visitation and companionship rights;
    (g) Whether either parent has failed to make all child support
    payments, including all arrearages, that are required of that parent pursuant
    to a child support order under which that parent is an obligor;
    (h) Whether either parent or any member of the household of either
    parent previously has been convicted of or pleaded guilty to any criminal
    offense involving any act that resulted in a child being an abused child or a
    neglected child; whether either parent, in a case in which a child has been
    adjudicated an abused child or a neglected child, previously has been
    determined to be the perpetrator of the abusive or neglectful act that is the
    basis of an adjudication; whether either parent or any member of the
    household of either parent previously has been convicted of or pleaded
    guilty to a violation of section 2919.25 of the Revised Code or a sexually
    oriented offense involving a victim who at the time of the commission of
    the offense was a member of the family or household that is the subject of
    the current proceeding; whether either parent or any member of the
    household of either parent previously has been convicted of or pleaded
    guilty to any offense involving a victim who at the time of the commission
    of the offense was a member of the family or household that is the subject
    of the current proceeding and caused physical harm to the victim in the
    16.
    commission of the offense; and whether there is reason to believe that
    either parent has acted in a manner resulting in a child being an abused
    child or a neglected child;
    (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.”
    R.C. 3901.04(F). The trial court’s judgment entry noted its consideration of the best
    interest factors in allocating the parental rights and responsibilities for K.V. The trial
    court made specific reference to two factors—that appellee was more likely to honor and
    facilitate court-approved parenting time rights and that appellee has the ability to
    encourage the sharing of love, affection, and contact between the K.V. and appellant—as
    the basis on which it reached its conclusion.
    {¶ 37} Appellant argues the trial court’s judgment was an abuse of its discretion
    because other factors weighed in her favor. Specifically, appellant argues that K.V.’s
    relationship with her family is stronger than with appellee’s family, as described in R.C.
    3901.04(F)(1)(c), because appellee previously returned K.V. to her with unexplained
    injuries, K.V. was photographed with M.S. in the presence of drugs, and, on the
    occasions appellee was able to utilize his parenting time, K.V. would get upset and cry
    when appellee picked him up. Appellant also argues that K.V.’s adjustment to his home,
    17.
    school, and community, as described in R.C. 3901.04(F)(1)(d), weighs in her favor
    because she has been K.V.’s primary caregiver from birth while appellee has not
    provided any consistent care or support. Finally, appellant argues that her testimony that
    she would abide by the trial court’s order to facilitate any parenting time granted to
    appellee shows that the R.C. 3901.04(F)(1)(f) factor either weighs in her favor or
    weighed equally in both parties’ favor. For these reasons, she argues, the trial court
    abused its discretion when it named appellee K.V.’s residential parent and legal guardian.
    We disagree.
    {¶ 38} Our review of the record reveals testimony that K.V. had a strong
    relationship with appellee’s family. GAL Stoner testified that K.V. was comfortable with
    appellee and his family when observed at appellee’s residence. Further, LCCS found that
    appellant’s allegation that appellee’s family was physically abusing K.V. was
    unsubstantiated. Appellant’s argument that the strength of K.V.’s relationship with her
    family was stronger than that of K.V.’s relationship with appellee’s family is not
    supported by the record.
    {¶ 39} The record also shows that while appellee was entitled to parenting time
    under both interim orders, appellant refused to facilitate appellee’s parenting time unless
    he agreed to additional conditions not required by the trial court. GAL Stoner testified
    that during the course of her investigation, appellant stated it was not important that K.V.
    have a relationship with appellee. Appellant reaffirmed this belief during her testimony.
    Therefore, appellant’s role as K.V.’s primary caregiver and appellee’s inability to utilize
    18.
    his parenting time—factors which appellant argues weigh in her favor—were the result of
    her defiance of existing trial court orders. Therefore, her argument that these factors
    weigh in her favor are without merit.
    {¶ 40} Given the record before us, we find that the trial court naming appellee
    K.V.’s residential parent and legal guardian was not unreasonable, unconscionable, or
    arbitrary. The record shows that K.V. was safe and comfortable at appellee’s residence
    and that appellee was more likely to abide by its order and facilitate appellant’s parenting
    time. Accordingly, the trial court did not abuse its discretion in naming appellee K.V.’s
    residential parent and legal guardian and we find appellant’s first assignment of error not
    well-taken.
    {¶ 41} In her second assignment of error, appellant argues that this matter should
    be remanded to the trial court for clarification of the trial court’s judgment entry.
    However, appellant’s second assignment of error is without merit because she fails to
    allege any error in the trial court’s judgment for our review.
    {¶ 42} “An appellant, in order to secure reversal of a judgment * * * must not only
    show some error but must also show that the error was prejudicial[.]” Smith v. Flesher,
    
    12 Ohio St. 2d 107
    , 
    233 N.E.2d 137
    (1967). App.R. 16(A) requires appellant to provide a
    statement of the assignments of error presented for review, with reference to the place in
    the record where the error is reflected.
    {¶ 43} Appellant agrees with the trial court’s judgment that appellee’s aunt, M.S.,
    should not have unsupervised contact with K.V. Notably, appellant’s brief does not ask
    19.
    this court to reverse the trial court’s judgment regarding K.V.’s unsupervised contact with
    M.S. Instead, appellant’s brief merely posits scenarios in which the trial court’s order
    could be violated. Concerns over appellee’s future compliance with the trial court’s order
    does not constitute an error in the judgment itself and would properly be addressed with
    the trial court, not in this appeal. As a result, appellant has failed to comply with App.R.
    16(A) by identifying in the record the error on which the assignment was based. Because
    she failed to allege any error in the trial court’s judgment, we find appellant’s second
    assignment of error not well-taken.
    III. Conclusion
    {¶ 44} We find appellant’s assignments of error not well-taken and affirm the
    June 22, 2020 judgment of the Lucas County Court of Common Pleas, Juvenile Division.
    Appellant is ordered to pay the costs of this appeal pursuant to App.R. 24.
    Judgment affirmed.
    A certified copy of this entry shall constitute the mandate pursuant to App.R. 27.
    See also 6th Dist.Loc.App.R. 4.
    20.
    In re J.S.
    C.A. No. L-20-1109
    Mark L. Pietrykowski, J.                      _______________________________
    JUDGE
    Christine E. Mayle, J.
    _______________________________
    Gene A. Zmuda, P.J.                                       JUDGE
    CONCUR.
    _______________________________
    JUDGE
    This decision is subject to further editing by the Supreme Court of
    Ohio’s Reporter of Decisions. Parties interested in viewing the final reported
    version are advised to visit the Ohio Supreme Court’s web site at:
    http://www.supremecourt.ohio.gov/ROD/docs/.
    21.
    

Document Info

Docket Number: L-20-1109

Judges: Zmuda

Filed Date: 5/14/2021

Precedential Status: Precedential

Modified Date: 5/14/2021