Bajaj v. Green

2021 Ohio 3113
CourtOhio Court of Appeals
DecidedSeptember 10, 2021
Docket2021-CA-7
StatusPublished
Cited by2 cases

This text of 2021 Ohio 3113 (Bajaj v. Green) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bajaj v. Green, 2021 Ohio 3113 (Ohio Ct. App. 2021).

Opinion

[Cite as Bajaj v. Green, 2021-Ohio-3113.]

IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT DARKE COUNTY

RISHI BAJAJ : : Plaintiff-Appellant : Appellate Case No. 2021-CA-7 : v. : Trial Court Case No. 21640007 : NITA GREEN : (Juvenile Appeal from : Common Pleas Court) Defendant-Appellee : :

...........

OPINION

Rendered on the 10th day of September, 2021.

RISHI BAJAJ, 4958 Baycroft Drive, Hilliard, Ohio 43026 Plaintiff-Appellant, Pro Se

LORRAINE SEARCH, Atty. Reg. No. 0093179, 6 South Second Street, Suite 309, Hamilton, Ohio 45011 Attorney for Defendant-Appellee

............. -2-

EPLEY, J.

{¶ 1} Rishi Bajaj (Father) appeals from a judgment of the Darke County Court of

Common Pleas, Juvenile Division, which, among other things, terminated the parties’

shared parenting plan, declared Nita Green (Mother) the sole residential and custodial

parent, and ordered Father to pay monthly child support of $719.80, including the

processing fee. For the following reasons, the trial court’s judgment will be affirmed.

I. Procedural History

{¶ 2} Father and Mother are the parents of M.J.B., born in 2015. The parties have

never been married. In 2016, Father established paternity and sought custody and

parenting time. In March 2016, the trial court set a visitation schedule, noting that Father

would be given “an interim credit toward child support for the extensive travel obligation

being imposed upon him.”

{¶ 3} In January 2017, the court issued an agreed order which, among other

things, designated Mother as the custodial and residential parent, set parenting time, and

ordered Father to pay monthly child support of $300 and provide medical insurance.

{¶ 4} In May 2017, Mother filed a motion for contempt and for a change in parenting

time. However, on December 5, 2017, the parties agreed to a shared parenting plan.

Under that agreement, Mother remained the residential parent for school purposes only,

Father had nearly equal parenting time, the parties agreed to meet at the halfway point

when exchanging custody (they lived approximately two hours apart), and Father

continued to pay child support of $300 and provide medical insurance. The trial court

adopted the agreed shared parenting plan on January 5, 2018.

{¶ 5} In October 2019, Mother sought termination of the shared parenting plan, to -3-

be designated the custodial and residential parent, and modification of Father’s parenting

time. Father opposed Mother’s motion and moved for legal custody of M.J.B. On

September 14, 2020, the guardian ad litem (GAL) filed a report, which recommended that

shared parenting remain in place. The report acknowledged that “[t]here are some

challenges in this case,” including the parties’ different parenting styles, the distance

between their residences (more than 100 miles), and communication issues. The report

raised some concerns about Father’s home visit. Soon thereafter, Father filed a motion

for the appointment of a new guardian ad litem. That motion was overruled.

{¶ 6} On March 10, 2021, the juvenile court held a hearing on Mother’s motion to

terminate shared parenting, Father’s motion for legal custody, and other motions. The

record reflects that Mother appeared with counsel, and Father appeared without counsel.

Mother, Father, Mother’s sister and her husband, M.J.B.’s kindergarten teacher, and the

GAL each testified.

{¶ 7} On April 15, 2021, the trial court terminated the parties’ shared parenting,

concluding that shared parenting was no longer in M.J.B.’s best interest, and designated

Mother the residential and custodial parent. As for child support, the court ordered

Father to pay $681.09 in child support, $24.60 in cash medical support, and a two percent

processing fee of $14.11, for a total of $719.80 per month. The child support amount

included a ten percent downward deviation from the calculated amount, which the trial

court granted for “extraordinary travel and extended summer visitation.” The child

support worksheet was attached to the trial court’s judgment.

{¶ 8} Father appeals from the trial court’s judgment.

II. Father’s Appellate Brief and the Record on Appeal -4-

{¶ 9} Father has filed a pro se appellate brief. The brief does not conform to the

formatting requirements of App.R. 19, nor has Father set forth any assignments of error,

as required by App.R. 16. Nevertheless, it is apparent that Father disagrees with the

trial court’s April 15, 2021 judgment, and he has raised several issues, including the trial

court’s failure to interview the child, the termination of shared parenting, and the increase

in his child support obligation. In the interests of justice, we will consider the issues that

Father raises. Mother has not filed a responsive brief.

{¶ 10} Father has attached several documents to his appellate brief in support of

his challenge to the trial court’s child support order. Father asserts that he cannot afford

the court’s child support amount, and those documents purport to show his monthly

expenses. In reviewing the judgment on appeal, we are limited to the record before the

trial court. E.g., Kahler v. Eytcheson, 2d Dist. Montgomery No. 23523, 2012-Ohio-208,

¶ 23. “An exhibit merely appended to an appellate brief is not part of the record, and we

may not consider it in determining the appeal.” Williams v. Pioneer Credit Recovery,

Inc., 2d Dist. Montgomery No. 28524, 2020-Ohio-397, ¶ 16, quoting State v. Grant, 10th

Dist. Franklin No. 12AP-650, 2013-Ohio-2981, ¶ 12. Accordingly, we cannot consider

the exhibits attached to Father’s brief in resolving this appeal.

{¶ 11} We further note that Father has not provided a transcript of the March 10,

2021 hearing. Although the civil docketing statement filed with the notice of appeal

requested a full transcript, the official court reporter filed a notice with the clerk of court,

indicating that a cost estimate was provided to Father, and he indicated that he did not

want the hearing transcribed. The App.R. 11(B) notification states that the request for a

transcript of proceedings was cancelled on May 12, 2021. -5-

III. Termination of Shared Parenting

{¶ 12} Father argues, in essence, that the trial court erred when it terminated the

parties’ shared parenting plan, and he challenges some of the trial court’s factual findings

in support of that decision. In its judgment entry, the trial court provided a four-and-one-

half-page summary of the testimony presented at the March 10, 2021 hearing. We

reiterate the court’s summary here.

{¶ 13} Father works as a computer programmer for the State of Ohio. He is in

poor health and working from home. He stated that he has issues with anxiety and

breathing. Father is originally from India, but has lived in the United States since 2002

and is an American citizen. Father has visited India four to six times.

{¶ 14} Father last saw M.J.B. in August or September 2020 and had had no

contact with her since. Father explained that he was not visiting for medical reasons, but

he texted Mother to ask about their child. He could identify M.J.B.’s doctor, but not her

dentist. Father knew where M.J.B. went to school and followed her academic progress

electronically via the school’s Dojo app. M.J.B.’s kindergarten teacher had no concerns

about M.J.B.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Corson v. Corson
2021 Ohio 4253 (Ohio Court of Appeals, 2021)
Bank of Am., N.A. v. Shailer
2021 Ohio 3939 (Ohio Court of Appeals, 2021)

Cite This Page — Counsel Stack

Bluebook (online)
2021 Ohio 3113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bajaj-v-green-ohioctapp-2021.