Lupia v. Lupia

2026 Ohio 1059
CourtOhio Court of Appeals
DecidedMarch 26, 2026
Docket25AP-483
StatusPublished

This text of 2026 Ohio 1059 (Lupia v. Lupia) 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
Lupia v. Lupia, 2026 Ohio 1059 (Ohio Ct. App. 2026).

Opinion

[Cite as Lupia v. Lupia, 2026-Ohio-1059.]

IN THE COURT OF APPEALS OF OHIO

TENTH APPELLATE DISTRICT

Michael Lupia, :

Plaintiff-Appellant, : No. 25AP-483 v. : (C.P.C. No. 23DR-3665)

Rania Lupia, : (REGULAR CALENDAR)

Defendant-Appellee. :

D E C I S I O N

Rendered on March 26, 2026

On brief: Grossman Law Offices, and John H. Cousins, IV, for appellant. Argued: John H. Cousins, IV.

On brief: Trolinger Law Offices, LLC, and Clayborne B. Johnson, III, for appellee. Argued: Clayborne B. Johnson, III.

APPEAL from the Franklin County Court of Common Pleas, Division of Domestic Relations

EDELSTEIN, J. {¶ 1} Plaintiff-appellant, Michael Lupia, appeals from the May 21, 2025 judgment and decree of divorce of the Franklin County Court of Common Pleas, Division of Domestic Relations, designating defendant-appellee, Rania Lupia, as the residential parent of their minor child for school placement purposes. For the following reasons, we affirm. I. FACTS AND PROCEDURAL OVERVIEW {¶ 2} In April 2016, Mr. Lupia and Ms. Lupia were married in Columbus, Franklin County, Ohio. One child, G.L., was born as issue of their marriage in July 2019. Mr. Lupia filed a complaint for divorce in November 2023 on grounds of incompatibility, among other things. The parties voluntarily entered into a separation agreement in October 2024, which No. 25AP-483 2

provided for the resolution of all matters except the allocation of parental rights and responsibilities for their minor child. Ultimately, the trial court approved and incorporated the parties’ separation agreement as part of the decree of divorce. {¶ 3} The sole issue in this case is the trial court’s designation of Ms. Lupia as the residential parent of G.L. for school placement purposes. Although the parties agreed on shared parenting and other matters related to the upbringing of G.L., they disagreed on who should be designated the residential parent for school placement purposes. (See Jan. 23, 2025 Stip. for Trial.) Mr. Lupia contended G.L. should reside with him in the parties’ marital home and attend school in Upper Arlington, Franklin County, Ohio, while Ms. Lupia argued G.L. should continue residing with her and attending school in Rocky River, Cuyahoga County, Ohio, as described more below. {¶ 4} In January 2025, the trial court conducted a three-day trial on the matter. Both parties appeared with counsel and provided testimony. Ms. Lupia’s sister-in-law, Brittanie Shakkour, and the guardian ad litem (“GAL”) for G.L., Christopher Heckert, also testified. On May 21, 2025, the court issued its decision and judgment entry granting Mr. Lupia a divorce on grounds of incompatibility and designating Ms. Lupia as the residential parent of G.L. for school placement purposes. {¶ 5} Mr. Lupia timely appealed from that judgment and raises the following assignment of error for our review:

THE TRIAL COURT ERRED AND ABUSED ITS DISCRETION IN DESIGNATING MOTHER AS THE SCHOOL-PLACEMENT PARENT WHERE THE PARTIES HAD AGREED THAT UPPER ARLINGTON WOULD BE THE CHILD’S SCHOOL DISTRICT, WHERE MOTHER UNILATERALLY RELOCATED TO CLEVELAND IRRESPECTIVE OF HER DESIGNATION AS SCHOOL- PLACEMENT PARENT, WHERE THE MARITAL RESIDENCE REMAINED IN UPPER ARLINGTON, WHERE THE GAL REPEATEDLY RECOMMENDED UPPER ARLINGTON AS THE SCHOOL-PLACEMENT, AND WHERE THE TRIAL COURT’S CONCLUSION DID NOT LOGICALLY FOLLOW ITS OWN FINDINGS. No. 25AP-483 3

II. ANALYSIS {¶ 6} In his sole assignment of error, Mr. Lupia argues the trial court abused its discretion in designating Ms. Lupia as G.L.’s school placement parent. For the following reasons, we disagree. A. Applicable Law and Standard of Review {¶ 7} R.C. 3109.04 governs the allocation of parental rights and responsibilities for the care of children. In a divorce case, a trial court is required to allocate parental rights and responsibilities for the care of the minor children of the marriage. R.C. 3109.04(A). In doing so, the court must consider what would be in the best interest of the child. R.C. 3109.04(B). Through R.C. 3109.04(F)(1), the General Assembly has set out the following non-exhaustive list of factors a trial court must consider when determining the best interest of the child for purposes of allocating parental rights and responsibilities:

(a) The wishes of the child's parents regarding the child’s care;

(b) If the court has interviewed the child in chambers pursuant to division (B) of this section regarding the child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child, the wishes and concerns of the child, as expressed to the court;

(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;

(e) The mental and physical health of all persons involved in the situation;

(f) The parent more likely to honor and facilitate court- approved parenting time rights or visitation and companionship rights;

(g) Whether either parent has failed to make all child support payments, including all arrearages, that are required of that parent pursuant to a child support order under which that parent is an obligor; No. 25AP-483 4

(h) Whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; whether either parent, in a case in which a child has been adjudicated an abused child or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of an adjudication; whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code or a sexually oriented offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding; whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to any offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding and caused physical harm to the victim in the commission of the offense; and whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or a neglected child;

(i) Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time in accordance with an order of the court;

(j) Whether either parent has established a residence, or is planning to establish a residence, outside this state.

{¶ 8} R.C. 3109.04(F)(2) provides additional factors for the court to consider in determining whether shared parenting is in the best interest of the child. In this case, the parties agreed to shared parenting time, and neither party challenged the trial court’s consideration of these factors or determination that shared parenting is in G.L.’s best interest on appeal. {¶ 9} A trial court must follow R.C. 3109.04 when deciding child custody matters, but it has broad discretion to determine the appropriate allocation of parental rights and responsibilities, including designating a school placement parent. See, e.g., Pallone v. Pallone, 2017-Ohio-9324, ¶ 36 (10th Dist.), citing Parker v. Parker, 2006-Ohio-4110, ¶ 23 (10th Dist.); Reese v. Reese, 2023-Ohio-360, ¶ 8 (10th Dist.), quoting Miller v. Miller, 37 No. 25AP-483 5

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Bluebook (online)
2026 Ohio 1059, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lupia-v-lupia-ohioctapp-2026.