[Cite as In re Z.L.A., 2025-Ohio-2355.] IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT GREENE COUNTY
IN THE MATTER OF: Z.L.A. : : C.A. No. 2024-CA-78 : : Trial Court Case No. 2021-G-00044 : : (Appeal from Common Pleas Court- : Juvenile Division) : : FINAL JUDGMENT ENTRY & : OPINION
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Pursuant to the opinion of this court rendered on July 3, 2025, the judgment of the
trial court is affirmed.
Costs to be paid as stated in App.R. 24.
Pursuant to Ohio App.R. 30(A), the clerk of the court of appeals shall immediately
serve notice of this judgment upon all parties and make a note in the docket of the service.
Additionally, pursuant to App.R. 27, the clerk of the court of appeals shall send a certified
copy of this judgment, which constitutes a mandate, to the clerk of the trial court and note
the service on the appellate docket.
Epley, P.J.; Tucker, J.; and Hanseman, J., concur.
For the court,
[[Applied Signature]] MICHAEL L. TUCKER, JUDGE -2-
OPINION GREENE C.A. No. 2024-CA-78
JAMES F. MAUS, Attorney for Appellant CYNTHIA A. LENNON, Attorney for Appellee
TUCKER, J.
{¶ 1} Father appeals from the trial court’s decision and final judgment entry sustaining
in part Mother’s objections to a magistrate’s decision, setting aside that decision, overruling
Father’s legal-custody motion, and allowing Mother to retain legal custody of the parties’
minor child.
{¶ 2} Father challenges the trial court’s legal-custody determination as an abuse of
discretion. He argues that it erred in finding no change in circumstances to justify reallocating
parental rights. He also contends it erred in finding that allowing Mother to retain legal
custody was in the child’s best interest.
{¶ 3} We see no abuse of discretion in the trial court’s decision to retain Mother as
the child’s legal custodian. Accordingly, the trial court’s judgment will be affirmed.
I. Background
{¶ 4} The child at issue, Z.L.A., was born in 2018. Father and Mother were not
married. In April 2021, Father moved for legal custody of the child. By agreement of the
parties, Mother was designated the child’s legal custodian in August 2021. Father was
awarded parenting time. Thereafter, in October 2022, Father sought a reallocation of
parental rights, moving again for legal custody of Z.L.A. The motion appears to have been
prompted in part by Father’s concerns about the child’s sustaining a broken nose while in -3- Mother’s care. Father’s motion proceeded to a two-day evidentiary hearing before a
magistrate in June and July 2023. The magistrate heard testimony from Father, Mother, a
court-appointed special advocate (CASA) for the child, a home-study investigator, a police
officer, and Mother’s work supervisor.
{¶ 5} Based on the evidence presented, the magistrate found a reallocation of
parental rights appropriate and awarded Father legal custody. The magistrate found a
change in circumstances since the initial decree allocating parental rights. In particular, the
magistrate cited evidence that Z.L.A. was not receiving proper medical or dental care,
Mother was not following up on a behavioral-health referral for the child, and Mother had
failed to notify Father of injuries to the child. The magistrate also found that awarding Father
legal custody was in Z.L.A.’s best interest and that the harm likely to be caused by a change
of environment was outweighed by the advantages of the change.
{¶ 6} Mother filed objections and supplemental objections to the magistrate’s
decision. After hearing arguments, the trial court addressed Mother’s objections in a March
1, 2024 ruling that allowed her to retain legal custody. We subsequently found that the trial
court’s ruling did not constitute a final appealable order for multiple reasons, including its
lack of an explicit ruling on the objections. The trial court then filed a November 12, 2024
judgment entry sustaining Mother’s objections in part and overruling them in part. Contrary
to the magistrate’s decision, the trial court found no change in circumstances to permit
reallocation of parental rights. The trial court also concluded that the statutory best-interest
factors favored Mother’s retaining legal custody and that the harm likely to be caused by a
change of environment for Z.L.A. was not outweighed by the advantages of a change.
Therefore, the trial court declined to reallocate parental rights and allowed Mother to retain
legal custody of Z.L.A. Father timely appealed. -4- II. Analysis
{¶ 7} Father’s sole assignment of error states:
The Trial Court abused its discretion when it overruled the magistrate’s
decision and denied Appellant’s Motion for Legal Custody and, instead, gave
sole legal custody to Appellee-Mother.
{¶ 8} Father challenges the trial court’s overruling of his motion for legal custody as
an abuse of discretion. He argues that the record depicts a consistent pattern of Mother’s
neglecting Z.L.A. following the original custody determination. Citing evidence of such
neglect, he asserts that a change in circumstances existed. He also maintains that awarding
him legal custody was in the child’s best interest and that any harm from a change of
environment was outweighed by the benefits to the child. Finally, he claims the trial court
violated Juv.R. 40(D)(4)(d) by failing to state that it had conducted an independent review
and that its findings were supported by the preponderance of the evidence.
{¶ 9} Modification of an existing decree allocating parental rights is governed by R.C.
3109.04(E)(1)(a), which provides in part:
The court shall not modify a prior decree allocating parental rights and
responsibilities for the care of children unless it finds, based on facts that have
arisen since the prior decree or that were unknown to the court at the time of
the prior decree, that a change has occurred in the circumstances of the child,
the child’s residential parent, or either of the parents subject to a shared
parenting decree, and that the modification is necessary to serve the best
interest of the child.
{¶ 10} When applying the foregoing standards, a trial court must retain the existing
residential parent “unless a modification is in the best interest of the child” and, as relevant -5- here, “[t]he harm likely to be caused by a change of environment is outweighed by the
advantages of the change of environment to the child.” R.C. 3109.04(E)(1)(a)(iii). In effect,
“R.C. 3109.04(E)(1)(a) creates a rebuttable presumption that it is in the child’s best interest
to retain the residential parent as designated by the prior decree.” Pathan v. Pathan, 2000
WL 43711, *6 (2d Dist. Jan. 21, 2000). To overcome the presumption, a trial court must find,
by a preponderance of the evidence, that the statute’s requirements have been satisfied. Id.
{¶ 11} “We review a trial court’s ruling on a motion for reallocation of parental rights
for an abuse of discretion.” Chaney v. Chaney, 2012-Ohio-626, ¶ 9 (2d Dist.), citing
Musgrove v. Musgrove, 2011-Ohio-4460, ¶ 7 (2d Dist.). “Abuse of discretion” means a trial
court’s decision is unreasonable, arbitrary, or unconscionable. Blakemore v. Blakemore, 5
Ohio St.3d 217, 219 (1983). An abuse of discretion usually will result in a decision that is
unreasonable rather than unconscionable or arbitrary. Chaney at ¶ 9. “ ‘A decision is
unreasonable if there is no sound reasoning process that would support that decision. It is
not enough that the reviewing court, were it deciding the issue de novo, would not have
found that reasoning process to be persuasive, perhaps in view of countervailing reasoning
processes that would support a contrary result.’ ” Id., quoting Musgrove at ¶ 8, citing AAAA
Ents., Inc. v. River Place Community Redevelopment, 50 Ohio St.3d 157, 161 (1990).
{¶ 12} With the foregoing standards in mind, we see no abuse of discretion in the trial
court’s overruling of Father’s motion for legal custody of Z.L.A. In its written decision, the
trial court summarized Father’s concerns as follows: “the child suffered from a fractured nose
due to mother throwing a phone at her (with multiple stories being provided); the child wears
clothes that do not fit; the child has bed bug bites; her home is filthy; the child is being
‘whipped’ by another man; the child has two ‘burnt feet’; and mother did not take the child to
Michael’s House when [Father] alleged that somebody inappropriately touched the child.” -6- November 12, 2024 Judgment Entry at p. 6-7.
{¶ 13} After setting forth Father’s concerns, the trial court addressed each concern
individually and concluded that it did not constitute a change of circumstances since the
initial custody decree. In particular, the trial court acknowledged that Z.L.A. had suffered a
nose fracture when she was hit by Mother’s cell phone. The trial court saw no evidence that
Mother intentionally hit the child with the phone as opposed to the incident being an accident.
The trial court noted that Greene County Children Services did not substantiate abuse.
{¶ 14} Regarding allegations of the child’s wearing ill-fitting clothing, having bed-bug
bites, and living in a filthy environment, the trial court recognized that these circumstances
existed. It discounted their significance to some extent by citing home investigator Rose
Hoersting’s opinion that Mother was addressing the issues and making necessary changes.
The trial court also discounted the “whipping” allegation by noting the absence of testimony
that Z.L.A. in fact ever had been struck by another man.
{¶ 15} As for allegations of burnt feet, the trial court noted evidence that the child
suffered superficial burns and peeling on her feet after drawing her own hot bath water. The
trial court cited “contradictory testimony” as to whether the peeling was attributable to a
thermal burn or athlete’s foot. The trial court characterized evidence regarding the origin of
the foot issue as “conjecture and hearsay.”
{¶ 16} Regarding allegations of sexual abuse, the trial court noted that Father
previously had made similar unfounded allegations prior to the initial custody decree. The
trial court found insufficient evidence to substantiate Father’s claim that someone identified
only as “Buddy” currently was abusing the child. Finally, the trial court noted that the child
had serious dental issues because Mother had neglected to take her to dental appointments.
The trial court concluded, however, that Father had his own untreated mental-health issues. -7- It questioned whether Father would do better at ensuring that Z.L.A. attended necessary
medical and dental appointments.
{¶ 17} Upon review, we believe Father did establish a change of circumstances since
the prior decree allocating parental rights to Mother. Although not defined by statute, a
“change of circumstances” pertains to an event, occurrence, or situation that has a material
effect upon the child. In re I.E., 2020-Ohio-3477, ¶ 15 (2d Dist.). “A change in circumstances
must be one of substance, not slight or inconsequential, to justify modifying a prior custody
order.” Davis v. Flickinger, 77 Ohio St.3d 415, 418 (1997); Wiram v. Wiram, 2017-Ohio-
7436, ¶ 5 (2d Dist.). It must be “based on facts that have arisen since the prior decree or
were unknown to the court at the time of the prior decree[.]” Alexander v. Alexander, 2013-
Ohio-2349, ¶ 16 (2d Dist.). A trial court is required to consider “all the evidence” when
determining whether a change of circumstances exists. Davis at 418. Although multiple
changes viewed separately might not be sufficient, courts view the evidence collectively to
determine whether a change of circumstances exists. In re Tolbert v. McDonald, 2006-Ohio-
2377, ¶ 32 (3d Dist.); Holcomb v. Holcomb, 2001-Ohio-1364, *5 (9th Dist. Sept. 26, 2001).
{¶ 18} Here, Father demonstrated that Z.L.A.’s living environment was having a
materially adverse effect on her well-being. At the time of the hearing, the child had just
turned five years old. While in Mother’s care, she had been dressing herself and wearing
the same ill-fitting, dirty clothes. The child’s only dental appointment resulted in a finding of
11 cavities that required three fillings and eight crowns, with her other nine teeth showing
signs of decay. Mother reported that the child refused assistance with brushing and refused
to drink water. Mother also failed to follow through with additional dental appointments. The
court-appointed child’s advocate reported that Mother’s home was soiled, dirty, and smelled
of cigarette smoke. It also had a bed-bug problem. The CASA report included evidence of -8- marijuana use in Mother’s home and an implicit admission by Mother that she still smoked
marijuana. Despite Mother’s denials, the child’s advocate also expressed concern that the
child’s grandfather and Mother’s current boyfriend both stayed in the home. The record
contained hearsay allegations that both men “whooped” Z.L.A.
{¶ 19} The two most troubling aspects of Mother’s care for Z.L.A. involved the child’s
nose fracture and burnt feet. In August 2022, Mother took the child to a hospital emergency
room with a nose injury. A x-ray revealed a fractured nasal bone. According to Mother, she
had tossed her cell phone either on the bed or in a chair and accidentally had hit Z.L.A.’s
nose. Conversely, the child’s special advocate reported having heard the child explain that
Mother had thrown the phone at her boyfriend and accidentally had hit the child.
{¶ 20} Regarding the burnt feet, the CASA report noted that Z.L.A. had reported
making herself a bath and putting her own feet in hot tub water. According to the child’s
advocate, a doctor diagnosed “superficial burns” and referred Z.L.A. to a burn clinic for follow
up care. A second doctor opined that neither an intentional injury nor an accidental burn
could be ruled out. Rather than taking Z.L.A. to the follow-up appointment, Mother took the
child to see her primary-care provider a few days later. That doctor recorded the child’s
history as a “superficial, erythematous peeling burn” to her feet. He also noted “[p]possible
athletes’ feet” with a “[q]uestion of burn to bilateral feet.” In our view, however, the
preponderance of the evidence established a burn injury to the child’s feet caused by hot
bath water. We also question the credibility of Mother’s claim that the nasal fracture occurred
when she “tossed” her phone on a chair or a bed as opposed to throwing it at her boyfriend.
{¶ 21} In any event, when viewed collectively, the foregoing evidence at a minimum
established a pattern of neglect on Mother’s part that created a living situation with a
negative impact on the child’s life. Even if the nasal fracture and burnt feet were accidents, -9- those events were indicative of negligent parenting by Mother. At a minimum, other evidence
of deficient parenting included Mother’s allowing the child to wear inappropriate clothing, the
child’s deplorable dental hygiene, the lack of cleanliness in Mother’s home, and the
existence of bed bugs. Even if we accept the trial court’s decision to discount Father’s
allegations of sexual abuse and an adult male “whipping” Z.L.A. in Mother’s home, the other
evidence discussed above persuades us that Father established a change of circumstances
since the prior agreed decree allocating legal custody. The nasal fracture and burnt feet
occurred after the prior decree allocating parental rights, and we see no evidence that the
other conditions discussed above either existed or were known to the trial court before its
initial award of legal custody to Mother.
{¶ 22} Whether the trial court abused its discretion in reaching a contrary conclusion
is a closer question. But even if the trial court did abuse its discretion in resolving that issue,
we see no basis for reversal. As noted above, assuming arguendo that a change of
circumstances did exist, the trial court proceeded to find that allowing Mother to retain legal
custody was in Z.L.A.’s best interest. On that issue, the trial court did not abuse its discretion.
{¶ 23} “R.C. 3109.04(F)(1) sets forth the applicable factors for determining a child’s
best interest once a change in circumstance has been established.” B.M. v. P.M., 2025-
Ohio-1674, ¶ 44 (2d Dist.). “These encompass all relevant factors, including but not limited
to the wishes of the child’s parents regarding the child’s care; 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; the child’s adjustment to the child's home, school,
and community; the mental and physical health of all persons involved in the situation; the
parent more likely to facilitate court-approved parenting time rights; and whether the
residential parent has continuously and willfully denied the other parent’s right to parenting -10- time in accordance with an order of the court.” Id. No one factor is dispositive, and a trial
court has discretion when evaluating and weighing them. Id.
{¶ 24} Here, the trial court examined the evidence in detail as relevant to each of the
foregoing factors. The trial court acknowledged that Mother’s home and Z.L.A.’s condition
showed neglect by Mother. The trial court noted, however, that its concerns about Father
were greater. Of particular significance to the trial court were Father’s untreated mental-
health condition, his history of violence and criminal behavior, and his history with children-
services agencies.
{¶ 25} Regarding Father’s mental health, the trial court noted that he previously had
been diagnosed with schizoaffective disorder with paranoia and made the following findings:
Father’s untreated mental health is a concern. The CASA expressed
her concerns about the lack of current mental health treatment for Father and
whether medication was recommended. According to [home investigator]
Rose Hoersting, she reviewed Children Services records and saw that Father
was diagnosed with Schizoaffective disorder with paranoia. During the course
of the trial no testimony was presented that Father’s mental health issues are
or have been successfully treated. Father acknowledges that he was
diagnosed with this disorder and had treatment in the past. Father also testified
that he chose not to have current treatment based on his own judgment, not
that of medical personnel. He previously had a payee for a Social Security
claim but the reason why was not explained on the record.
(Citations omitted.) November 12, 2024 Judgment Entry at p. 9.
{¶ 26} As for violence, criminal behavior and prior interaction with children-services
agencies, the trial court reasoned: -11- The Magistrate’s Decision notes that Father has an extensive history
with Hamilton and Montgomery County Children Services, including prior
neglect and physical abuse indicated against three of his children. Greater
weight should have been given to Father’s criminal history that includes a prior
felony conviction for abduction. Further, Father’s history with Children Services
is a relevant factor that should have been given more weight by the GAL and
Home Investigator before making their recommendations.
There was testimony at the contested hearing that Father was violent
with family members including [Mother] and that he choked his daughter [C.]
and that Hamilton County Children Services was involved with [Father] as a
parent for both [C.] and his child [I.] in 2019. [Father] admits to having a violent
past. Father also admits to the CASA that he was both violent and a “bully” in
the past. He is also on probation for Disorderly Conduct, Resisting Arrest and
Failure to Appear admitting that he doesn’t always show up for his
appointments with his probation officer. He has a conviction for abduction as
well. When questioned if he hit another girlfriend, [Father] denied any abuse
stating that “You know, women nowadays are more violent than men? They
fight and you’ve got to defend yourself.” Mother in this case testified that Father
was physical with her when she was pregnant with this child and choked her
and that he also pushed her down the stairs during pregnancy requiring an
emergency police call. [Mother] also testified that she observed Father beat
his son [C.] with a belt or a coat hanger at around age five for urinating in the
bed. Father’s behavior with family members is concerning.
Father also testified that he took a “Stop the Violence Class” in the past -12- and is on probation. Ms. Hoersting testified that the records show that the
father has been a batterer. He testified that he had a case with Montgomery
County for Abduction in 2018 or 2019 and has been charged with Domestic
Violence a number of times. Father testified that his “past was kind of violent,
but it’s nothing like that now.” The CASA report stated that “[Father] stated, I
was a bad person. I was violent and a bully.”
Testimony at the contested hearing revealed that Father relinquished
custody of two of his female children to Children Services. He acknowledges
that he told Children Services to take them because he “couldn’t deal with it”
and it was too much for him to handle. Hamilton County Children Services was
also involved when he was accused of choking his child [C.] and allegedly
made her stand outside on a porch with nothing on but a bra and underwear.
This child advised Children Services that she was questioned by Father about
being sexually active after she took longer than expected to go to the store
and that she was questioned about her sister [I.] being a prostitute. According
to the Home Investigator, she has records from Hamilton, Montgomery and
Greene County Children Services regarding Father. Neglect and Physical
Abuse were indicated in Hamilton County on May 5, 2020 and March 10, 2020.
(Citations omitted.) Id. at p. 2-3.
{¶ 27} Based largely on Father’s “untreated mental health diagnosis, criminal and
Children Services history,” the trial court concluded that, despite Mother’s shortcomings, it
was in Z.L.A.’s best interest for Mother to retain legal custody. After “weighing the concerns
that exist for both parents,” the trial court determined that “Father’s issues are greater.”
Although the child’s advocate and the home investigator both had recommended -13- reallocating legal custody to Father, the trial court noted that their reports “did not reflect
consideration of critical information relating to Father’s relinquishment of custody to Children
Services, his mental health and his own admission that he has not always been honest.”
{¶ 28} On appeal, Father argues that his history of violence, criminal behavior, and
interaction with children-services agencies were far enough in the past to retain little
relevance to his legal-custody motion. He also asserts that his diagnosis with schizoaffective
disorder was undated and that the child’s advocate and the home inspector saw no problems
linked to mental health or anything else. Father additionally asserts that he underwent a
mental-health assessment after the custody hearing and received no diagnosis or
recommendation for continued treatment. Father also cites evidence that Z.L.A. was
observed to be better behaved when at his house.
{¶ 29} Upon review, we cannot say the trial court’s best-interest determination was
an abuse of discretion. In considering whether to reallocate parental rights, the trial court
was best positioned to weigh its concerns about Z.L.A.’s welfare in Mother’s care against its
concerns about Father’s history of violence and criminal behavior, his history with children-
services agencies, and his mental-health diagnosis. Although Father contends his past
history and mental-health diagnosis had little relevance to his legal-custody motion, the trial
court acted within its discretion in concluding otherwise.
{¶ 30} Father sought a reallocation of parental rights and moved for legal custody in
October 2022. The two-day evidentiary hearing on his motion occurred in June and July
2023. As recently as July 2022, Father and Mother had been involved in a domestic dispute
that allegedly involved Mother’s slapping Father and Father’s grabbing her by the hair and
placing a hand around her neck. As recently as May 2020, children-services’ records
indicated neglect and abuse by Father against three of his other children. The home-study -14- investigation report included information about Father having an “incoherent train of
thought,” being “difficult to redirect when he became angry,” and being “known to punch and
hit his teenage daughters.” Father also admitted that he had “given away” his two oldest
daughters to children services, explaining that they were “too much” for him to handle and
that he could not “deal with it.” Regarding his mental health, Father testified that he did not
believe he suffered from schizoaffective disorder despite having been diagnosed with it.
Based on his own opinion that he had been misdiagnosed, Father discontinued treatment.
{¶ 31} On appeal, Father seeks to discount any concerns about his mental health by
citing two assessments he underwent while Mother’s objections to the magistrate’s decision
were pending. The parties referenced those assessments during a February 14, 2024 oral
argument to the trial court on Mother’s objections. Father underwent the additional
assessments at the trial court’s request. Both assessments were diagnostic in nature based
on self-reporting by Father. They occurred on October 12, 2023 and November 20, 2023.
{¶ 32} The first assessment did not make any diagnosis or recommend Father for any
services. The second included a report that noted his history of mental-health issues dating
back to age nine. It noted that Father had stopped taking his medication in 2021 and that he
did not believe he needed any treatment, as he denied having any symptoms for at least the
past two years. The second assessment included numerous findings regarding Father’s
mental-health status. Despite his denial of current mental-health problems, the evaluator
expressed concerns. The evaluator opined that Father could still have a “severe mental
health issue,” or he could have a “history of malingering in order to avoid legal situations and
challenges that he has encountered in the past due to his behavior and legal charges.”
{¶ 33} The evaluator’s report noted that “[t]he client in the past has often reported
very serious mental health issues to include unstable mood swings, hearing voices that often -15- give him command hallucinations, raging which he hasn’t been able to control which has led
to him abusing his girlfriends, abduction charges and assault charges all which in the past
the client has claimed has been all related to his mental health issues.” Elsewhere in the
report, the evaluator recognized that Father previously had reported issues “so severe that
they caused him to be impulsive and he had command hallucinations which often directed
him to hurt the people he loved such as his past girlfriends, etc.” The evaluator noted, with
an apparent degree of skepticism, that “[t]oday, the client reports that all of these serious
symptoms that he has suffered from as recently as 2021 no longer exist[.]” Ultimately, the
evaluator recommended that Father “go through a psychological evaluation and testing to
determine the best course of outcome for the client and the safety of final placement for this
child.” In reaching this conclusion, the evaluator observed that “[t]hus far, the client has been
the only source of information in this assessment and past assessments in 2018, 2019, and
2021 and he appears to have been a poor historian.”
{¶ 34} In our view, Father’s most recent assessments did not undermine the trial
court’s decision to retain Mother as Z.L.A.’s legal custodian. Despite those assessments,
the trial court reasonably could have determined that its concerns about Father having a
serious, untreated mental-health condition were not alleviated. Based on our review of the
record, we find no abuse of discretion in the trial court’s decision to allow Mother to retain
legal custody of Z.L.A.
{¶ 35} In a final argument, Father contends it is unclear whether the trial court
complied with Juv.R. 40(D)(4)(d), which requires “an independent review” when a party
objects to a magistrate’s decision. Father also claims the trial court failed to articulate “what
level or burden of proof” it applied when conducting its review. He cites In re C.R., 2025-
Ohio-557 (1st Dist.), and argues that we should reverse and remand for clarification. -16- {¶ 36} We find Father’s argument to be unpersuasive. In In re C.R., the First District
recognized that a trial court’s “independent review” of a magistrate’s decision under Juv.R.
40(D)(4)(d) requires de novo consideration of the facts and issues, not abuse-of-discretion
review. Id. at ¶ 6. The First District observed that appellate courts presume compliance with
Juv.R. 40(D)(4)(d) where the record reflects that a trial court independently reviewed the
evidence and the law and reached its own conclusion based on the applicable burden of
proof. Id. at ¶ 7. The First District reasoned that a remand is required, however, if an
appellate court cannot tell whether a trial court correctly applied de novo review or improperly
applied abuse-of-discretion review to a magistrate’s decision. Id. at ¶ 9.
{¶ 37} Here the trial court’s November 12, 2024 judgment entry demonstrates a
proper independent review of the evidence and legal issues. Although the trial court did not
state that it was conducting a de novo review, its analysis makes the nature of its review
apparent. The trial court examined the evidence itself in relation to each legal issue.
Nowhere in its ruling did the trial court suggest that it was deferring to the magistrate’s
decision. Indeed, the trial court ultimately rejected the magistrate’s recommendation to
award Father legal custody. As for the burden of proof, the applicable standard was the
lowest level possible—the preponderance of the evidence. In re A.A.R., 2024-Ohio-601,
¶ 64 (2d Dist.) Nothing in the trial court’s ruling suggests that it held either party to a higher
standard.
III. Conclusion
{¶ 38} Based on the reasoning set forth above, Father’s assignment of error is
overruled, and the judgment of the Greene County Common Pleas Court, Juvenile Division,
is affirmed.
............. -17- EPLEY, P.J. and HANSEMAN, J., concur.