Hamilton v. Hamilton, 22005 (7-25-2008)

2008 Ohio 3711
CourtOhio Court of Appeals
DecidedJuly 25, 2008
DocketNo. 22005.
StatusPublished

This text of 2008 Ohio 3711 (Hamilton v. Hamilton, 22005 (7-25-2008)) 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
Hamilton v. Hamilton, 22005 (7-25-2008), 2008 Ohio 3711 (Ohio Ct. App. 2008).

Opinion

OPINION
{¶ 1} Marion K. Hamilton ("Ken") appeals from a final judgment and decree of divorce in the Common Pleas Court of Montgomery County. In support of his appeal, Ken assigns the following errors for our review: *Page 2

{¶ 2} I. "The Trial Court erred by finding Appellee [Lori E. Hamilton, nka Lovelass] the custodial and residential parent of the minor children and that there was no alienation of the children by Appellee."

{¶ 3} II. "The Trial Court erred by ordering the Standard Order of Parenting Time of Montgomery County, Ohio, based on Appellant being the primary caretaker the three years previous to the Appellee's filing."

{¶ 4} III. "The Trial Court erred by allowing Ms. Hoefflin to testify as an expert, given her prior relationship with Appellee."

{¶ 5} IV. "The Trial Court erred by not addressing certain marital debts paid by Appellant during the time the parties were separated in 2005 but not reimbursed by Appellee."

{¶ 6} V. "The Trial Court erred by placing too much weight on highly subjective, inaccurate custody evaluation report and Guardian Ad Litem report."

{¶ 7} Upon review, we find no merit in the appellant's arguments with the exception of his fourth assignment of error. The record does not reflect whether the trial court considered the payment of marital debts by the appellant during the parties' separation in determining that the marital property had been equitably divided. Accordingly, the judgment of the trial court will be reversed with respect to its division of marital property, and the matter will be remanded for further proceedings consistent with this opinion concerning that issue. In all other respects, the judgment of the trial court will be affirmed. *Page 3

I
{¶ 8} Appellant and Lori Hamilton, nka Lovelass, ("Lori") were married on June 15, 1990 in Watseka, Illinois. They are the parents of two children — Sara, who was born on February 29, 1992, and Andrew, born on March 1, 1995.

{¶ 9} In July 2004, Lori filed a complaint for divorce. Approximately five months later, the parties separated, with Lori and the two children leaving the marital home. For a period of 53 days, Ken had no interaction with the children. A temporary order was issued in February 2005 in which Ken was granted overnight visitation and parenting time with the children on Tuesdays and Thursdays, in addition to Friday afternoons until Sunday evenings on alternating weekends. The trial court modified this order in April 2005 upon objections by Lori. Thereafter, Ken was permitted visitation and parenting time with the children on Wednesday evenings and alternate weekends pursuant to the court's standard order of parenting time.

{¶ 10} In May 2005, the trial court appointed Michael Williams, Ed.D., to complete a psychological evaluation of Lori, Ken and the two children in order to facilitate the court's determination of the allocation of parental rights. At the same time, the court itself scheduled an interview of the children. This interview, together with a telephone conference between the court and the parties' attorneys, served as the foundation upon which the trial court denied Ken's prior motion to vacate the April 2005 decision regarding temporary orders. However, the trial court amended parenting time in June 2005 to allow Ken Thursday overnights every other week. In August 2005, the court appointed attorney David Mesaros to serve as guardian ad litem for the children during the investigation and trial.

{¶ 11} The matter proceeded to trial on April 26, 2006 and May 3, 2006. During *Page 4 the trial, the court heard testimony from both parties and their witnesses. Specifically, Lori presented the testimony of Miriam E. Hoefflin, a licensed psychologist. The court summarized Dr. Hoefflin's testimony in its September 27, 2006 decision as follows:

{¶ 12} "At trial, Miriam Hoefflin, the children's ongoing psychologist testified. Ms. Hoefflin had seen each child approximately 20 times, Mrs. Hamilton 21 times and Mr. Hamilton 16 times. Each session was 45 minutes to 1 hour in length. In addition, she reviewed written material by the parties.

{¶ 13} "Ms. Hoefflin found that the children are very bonded to each other. They are good students and have good peer interactions. The children expressed concern about their relationship with their father. Ms. Hoefflin observed Mr. Hamilton with his children approximately 6 times and she found their relationship to be notably tense.

{¶ 14} "Ms. Hoefflin noted the children's relationship with their father was not showing much progress. Each child reported they experienced diarrhea each time they visited him. Additionally, Sara would bite her nails and Andrew would vomit. Ms. Hoefflin determined after visits with their father the children exhibited both physical and mental health concerns. Mentally she found the children were having self-esteem eroded as the results of reported name-calling by the father. Sara reported her father telling her she is `mentally ill,' while Andrew reported being `afraid' of him.

{¶ 15} "Ms. Hoefflin did note that the 53 day separation from their father that they experienced beginning in December 2004 was not healthy and it could well have contributed to much of the anxiety the children are now experiencing.

{¶ 16} "Ms. Hoefflin recommends this family continue with ongoing therapy to help them improve their relationship. She reported that Mr. Hamilton is courteous, *Page 5 mannerable, respectful and open to receiving assistance to improve the family interaction. She reported that Mrs. Hamilton could gain emotional support from more therapy." (Dec. at 7-8.)

{¶ 17} Ken presented the testimony of two witnesses, Dr. Douglas Darnell, a licensed psychologist, and Neal Neitzel, a long-time friend. Again, the trial court summarized the testimony of these witnesses as follows:

{¶ 18} "Dr. Douglas Darnell, a licensed psychologist testified. Dr. Darnell met with Mr. Hamilton 2 times and reviewed information provided to him by Mr. Hamilton.

{¶ 19} "Dr. Darnell stated he found it reasonable to conclude that these children suffered from parental alienation syndrome. He noted that the longer this alienation occurs the more likely it will damage their global adjustment. He determined Lori is the root of the alienation.

{¶ 20} "Dr. Darnell stated male children suffer more than female children from said alienation and that the results of the same are likely seen in the children's poor academic performance and poor self-esteem.

{¶ 21} "Dr. Darnell suggests to assist this family they need the following: 1. To participate in reunification therapy; 2. To enlist the assistance of a special parent coordinator.

{¶ 22} "Neil Neitzel, a friend of Mr. Hamilton, testified. Neal and [Ken] have been friends since their days at the University of Akron. Their families keep in touch over the years. He has observed [Ken] with the children at least 4 times from July 2005 until February 2006. The children and Ken interacted very well.

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

Related

Caldas v. Caldas, Unpublished Decision (8-19-2005)
2005 Ohio 4493 (Ohio Court of Appeals, 2005)
Entingh v. Entingh, 22117 (2-22-2008)
2008 Ohio 756 (Ohio Court of Appeals, 2008)
Puls v. Puls, Unpublished Decision (3-25-2005)
2005 Ohio 1373 (Ohio Court of Appeals, 2005)
Beismann v. Beismann, 22323 (3-7-2008)
2008 Ohio 984 (Ohio Court of Appeals, 2008)
Anousheh v. Planet Ford, Inc., 21960 (8-31-2007)
2007 Ohio 4543 (Ohio Court of Appeals, 2007)
Calderon v. Sharkey
436 N.E.2d 1008 (Ohio Supreme Court, 1982)
Blakemore v. Blakemore
450 N.E.2d 1140 (Ohio Supreme Court, 1983)
Miller v. Miller
523 N.E.2d 846 (Ohio Supreme Court, 1988)
Pater v. Pater
588 N.E.2d 794 (Ohio Supreme Court, 1992)
Bisker v. Bisker
635 N.E.2d 308 (Ohio Supreme Court, 1994)
Davis v. Flickinger
674 N.E.2d 1159 (Ohio Supreme Court, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
2008 Ohio 3711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamilton-v-hamilton-22005-7-25-2008-ohioctapp-2008.