In re N.J.V.

2025 Ohio 375
CourtOhio Court of Appeals
DecidedFebruary 6, 2025
Docket114035
StatusPublished
Cited by2 cases

This text of 2025 Ohio 375 (In re N.J.V.) 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
In re N.J.V., 2025 Ohio 375 (Ohio Ct. App. 2025).

Opinion

[Cite as In re N.J.V., 2025-Ohio-375.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

IN RE N.J.V. : No. 114035 A Minor Child :

[Appeal by L.K., Mother] :

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED RELEASED AND JOURNALIZED: February 6, 2025

Civil Appeal from the Cuyahoga County Court of Common Pleas Juvenile Division Case No. PR15714282

Appearances:

Hans C. Kuenzi Co., L.P.A., and Hans C. Kuenzi, for appellant.

Kurt Law Office, LLC, Pamela D. Kurt, and Nicholas R. Sidoti, for appellee.

MICHELLE J. SHEEHAN, P.J.:

In this case, the parents of the minor child, N.J.V., have been subject to

a shared-parenting plan that was adopted by the trial court in 2018. Pursuant to the

shared-parenting plan, father, who lives in Highland Heights, Ohio, is the

designated residential parent for school enrollment purposes. In 2021, mother, who lives in central Ohio, filed a motion to modify the shared-parenting plan, seeking to

be designated as the residential parent for school enrollment purposes. The legal

issue presented in this appeal concerns the applicable legal standard to be applied

by the trial court in consideration of mother’s motion. Specifically, the issue is

whether a finding of a change in circumstances is required for the modification

requested by mother pursuant to R.C. 3109.04.

The trial court concluded that a finding of a change in circumstances

was required and denied mother’s motion because she presented insufficient

evidence regarding a change in circumstances for the modification. The trial court

also denied the mother’s motion on an alternative ground that the modification

would not serve the child’s best interest. After a review of case law precedent, we

conclude the trial court applied the incorrect standard and erred in requiring mother

to show a change of circumstances. We, however, affirm the trial court’s judgment

because we do not find the trial court abused its discretion in determining the

modification requested by mother would not serve the child’s best interest.

Substantive and Procedural Background

Mother and father are the parents of N.J.V., a minor child, who was

born in September 2012. Mother was 18, and father was 23 at the time. The parents

had a brief relationship and separated a month after the child was born. They shared

parenting without the court’s intervention until the child was three years old.

Mother informed father she planned to move to central Ohio, near Columbus. As a

result, in October 2015, father filed a complaint seeking a court order allocating parental rights and responsibilities. In March 2016, mother moved to central Ohio

with the child. Father filed a motion for shared parenting and submitted a proposed

shared-parenting plan on June 24, 2016. The matter preceded to trial on June 19,

2017, and January 24, 2018.

Following trial, father filed an updated shared-parenting plan dated

June 13, 2018. Mother requested sole custody of the child and did not submit a

shared-parenting plan. On September 5, 2018, the trial court issued a judgment

granting shared parenting and adopting the shared-parenting plan proposed by

father.

Under the plan, mother and father are both designated as residential

parents and legal custodians of the child but father is designated as the residential

parent for school purposes. The child resides with father during the school week

and resides with mother three weekends each month and four weeks each summer.

The parties meet in Mansfield, Ohio to exchange the child.

As a result of the trial court’s judgment, the child was withdrawn from

his preschool in Lancaster, Ohio, and enrolled in kindergarten in the Mayfield

School District.

Mother appealed the trial court’s decision to this court. She argued that

the trial court’s judgment ordering shared parenting and designating father as the

residential parent for school purposes was against the manifest weight of the

evidence. On June 6, 2019, this court affirmed the trial court’s decision. In re

N.J.V., 2019-Ohio-2234 (8th Dist.). Mother married in June 2018 and lives in Pickerington, Ohio. She has

a six-year-old daughter with her husband. The household also includes her 13-year-

old stepson. She is a stay-at-home parent but is taking classes online and working

towards a bachelor’s degree.

Father also married in 2018 and lives with his wife and his 12-year-old

stepdaughter in Highland Heights. He works full time for the City of South Euclid

and his wife works full time at a hospital. The child has been enrolled in the Mayfield

School District since kindergarten and just finished the fourth grade at the time of

trial.

The instant case began when, on August 26, 2021, father filed a motion

to modify the shared-parenting plan regarding the scheduling of summer vacation.

He alleged that mother claimed priority over the summer vacation schedule every

year, and he requested that he be given priority every other year.

Thereafter, on December 21, 2021, mother filed a motion to modify the

shared-parenting plan. Mother requested to be designated as the residential parent

for school purposes. She alleged that significant changes have occurred in the

circumstances of the child and the parties since the September 5, 2018 judgment

and that the best interest of the child would now be served by a modification of the

shared-parenting plan.

On June 26, 2023, the case was tried before a magistrate. Mother, her

husband, and the child’s maternal grandmother testified on behalf of mother. Father testified on his own behalf, and the child’s GAL testified as the court’s

witness.

On August 21, 2023, the magistrate issued a decision. The magistrate

found the child to be well adjusted in both homes. He gets along with his stepparents

and siblings in both homes and has friends in both communities. The magistrate

found that “the child’s best interest could be served by living with either one of the

parents.” Because both parents are “entirely appropriate,” the magistrate found the

decision to be difficult. However, based on the GAL’s recommendation and the

child’s stated wishes as expressed in an in camera interview,1 the magistrate found

it in the child’s best interest to designate mother as the residential parent for school

purposes while both parents remain designated as residential parents and legal

custodians of the child.

Trial Court’s Judgment and Appeal

Father filed objections to the magistrate’s decision, arguing that the

magistrate erred in changing the designation of the residential parent for school

purposes. He argued that, for the modification to be proper, mother must show

there has been a substantial and unforeseen change in the circumstances and

mother failed to present evidence for it. Father also argued that the magistrate failed

to properly analyze the factors set forth in R.C. 3109.04(F)(1)(a)-(j) in determining

1 In father’s objection to the magistrate’s decision, father alleged that the child has

changed his mind since the in camera interview and also that the child’s wishes have changed multiple times throughout the case. that a change in the designation of the residential parent for school purposes would

serve the child’s best interest.

The trial court sustained father’s objections. It determined that before

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Cite This Page — Counsel Stack

Bluebook (online)
2025 Ohio 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-njv-ohioctapp-2025.