Bishop v. Bishop , 2018 Ohio 4076 ( 2018 )

[Cite as Bishop v. Bishop, 2018-Ohio-4076.]
IN THE COURT OF APPEALS OF OHIO
THIRD APPELLATE DISTRICT
PUTNAM COUNTY
TYLER C. BISHOP,
CASE NO. 12-18-07
PLAINTIFF-APPELLEE,
v.
BRANDI J. BISHOP, OPINION
DEFENDANT-APPELLANT.
Appeal from Putnam County Common Pleas Court
Domestic Relations Division
Trial Court No. 2015-DIV-113
Judgment Affirmed
Date of Decision: October 9, 2018
APPEARANCES:
Elliott T. Werth for Appellant
Jason N. Flower for Appellee
Case No. 12-18-07
WILLAMOWSKI, P.J.
{¶1} Defendant-appellant Brandi J. Bishop (“Brandi”) brings this appeal
from the judgment of the court of Common Pleas of Putnam County, Domestic
Division, ordering that the minor child would attend Pandora-Gilboa school system.
For the reasons set forth below, the judgment is affirmed.
{¶2} Brandi and plaintiff-appellee Tyler C. Bishop (“Tyler”) were divorced
on March 4, 2016. Doc. 44. During their marriage they had one child, Wrena, who
was born in 2014. Id. At the time of the divorce, the parties voluntarily entered into
a shared parenting agreement that postponed the determination of where Wrena
would attend school. Id. On April 5, 2018, Brandi filed a motion for the trial court
to determine the school district the child would attend as the parents could not agree.
Doc. 50. Tyler filed a motion making the same request on April 18, 2018. Doc. 56.
A hearing was held on the matter on April 26, 2018. Doc. 63. The trial court then
ordered that Wrena would attend school at Pandora-Gilboa. Id. Brandi appeals
from this judgment and on appeal raises the following assignment of error.
The trial court did commit prejudicial error by naming [Tyler]
residential parent for school district purposes.
{¶3} Brandi claims in the sole assignment of error that the trial court’s
decision to name Tyler as the residential parent for school district purposes was an
abuse of discretion. Brandi argues that the trial court erred by naming Pandora
Gilboa as the school district when Tyler did not have a permanent home and she had
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lived in her own home in Findlay for almost two years. A determination by the trial
court regarding parental rights is reviewed for an abuse of discretion. Ralston v.
Ralston, 3d Dist. Marion No. 9-08-30, 2009-Ohio-679. “An abuse of discretion is
not merely an error in judgment; rather, to constitute an abuse of discretion, the trial
court's decision must be unreasonable, arbitrary, or capricious.” Southern v. Scheu,
3d Dist. Shelby No. 17-17-16, 2018-Ohio-1440, ¶ 10.
In applying an abuse of discretion standard, a reviewing court is
not free to substitute its judgment for that of the trial court. Hay
v. Shafer, 3d Dist. No. 10–10–10, 2010–Ohio–4811, ¶ 14, citing
Holcomb v. Holcomb, 44 Ohio St. 3d 128, 541 N.E.2d 597, (1989).
When reviewing a change of child custody proceedings, an
appellate court should be guided by the presumption that trial
court's findings were correct.
Brammer v. Brammer, 3d Dist. Marion No. 9-12-57, 2013 -Ohio- 2843, ¶ 15. A
determination of the trial court supported by a substantial amount of credible and
competent evidence will not be reversed as being an abuse of discretion. Ralston,
supra at ¶ 13.
{¶4} When ordering shared parenting the trial court must designate of one of
the parties as the residential parent for the purpose of school enrollment. R.C.
3109.04. The original decree in this case did not determine which parent would be
named the residential parent for the purpose of school placement, instead leaving it
up to the parties to decide at a later date. Thus, the original decree needed to be
modified. This court has previously determined that when a trial court modifies the
designation of a residential parent for school purposes but otherwise leaves
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unchanged the remainder of the shared parenting agreement, the modification is
reviewed under R.C. 3109.04(E)(2)(b). King v. King, 3d Dist. Union No. 14-11-23,
2012-Ohio-1586, ¶ 8.
The court may modify the terms of the plan for shared parenting
approved by the court and incorporated by it into the shared
parenting decree upon its own motion at any time if the court
determines that the modifications are in in the best interest of the
children or upon the request of one or both of the parents under
the decree. Modifications under this division may be made at any
time. The court shall not make any modification to the plan under
this division, unless the modification is in the best interest of the
children.
R.C. 3109.04(E)(2)(b). Both parties in this case filed a motion to modify the original
decree. Thus, the trial court only had to determine whether the modification was in
the best interest of the child. To do so, a trial court should consider the factors set
forth in R.C. 3109.04(F)(1), which include in pertinent part, the following.
In determining the best interest of a child pursuant to this section,
whether on an original decree allocating parental rights and
responsibilities for the care of children or a modification of a
decree allocating those rights and responsibility, 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;
***
(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[.]
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Case No. 12-18-07
R.C. 3109.04(F)(1)
{¶5} Here, a hearing was held on the matter. At the hearing both parents
presented evidence as to why the school district in which they lived was the best for
Wrena. Both options would have been acceptable, but the trial court was required
to pick one. Based upon the evidence before it, the trial court found that Wrena had
no significant bonds to any of the mentioned schools and that she was equally
attached to both communities. All other things being equal, the trial court
determined that “transportation and current work locations [became] the
overwhelming factor in facilitation [sic] the schedule.” Doc. 63 at 2. The evidence
was that the school would be 25-30 minutes from both parents’ places of
employment. If Findlay schools had been chosen, Tyler would have had a longer
drive to work and would thus have had less time to spend with Wrena. Additionally,
Tyler had no one to help him get Wrena to school on time if she attended Findlay.
Given this evidence, this court cannot find that the trial court abused its discretion.
The assignment of error is overruled.
{¶6} Having found no prejudicial error in the particulars assigned and
argued, the judgment of the Court of Common Pleas of Putnam County, Domestic
Division, is affirmed.
Judgment Affirmed
ZIMMERMAN and PRESTON, J.J., concur.
/hls
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