Slayton v. Peterson

2024 Ohio 863
CourtOhio Court of Appeals
DecidedMarch 11, 2024
DocketS-23-014
StatusPublished
Cited by1 cases

This text of 2024 Ohio 863 (Slayton v. Peterson) 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
Slayton v. Peterson, 2024 Ohio 863 (Ohio Ct. App. 2024).

Opinion

[Cite as Slayton v. Peterson, 2024-Ohio-863.]

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT SANDUSKY COUNTY

Amanda Slayton Court of Appeals No. S-23-014

Appellee Trial Court No. 22 DR 301

v.

Nathan Peterson DECISION AND JUDGMENT

Appellant Decided: March 11, 2024

***** Karin L. Coble, Joseph F. Albrechta, Christopher E. Liebold and Joseph A. Urenovitch, for appellant.

***** MAYLE, J.

{¶ 1} Appellant, Nathan Peterson, appeals the April 13, 2023 judgment of the

Sandusky County Court of Common Pleas, Domestic Relations Division, overruling his

objections to the magistrate’s decision and confirming registration of a foreign parenting

order, as requested by appellee, Amanda Slayton. For the following reasons, we affirm.

I. Background and Facts

{¶ 2} In 2016, Peterson and Slayton were divorced in North Carolina, where they

lived at the time. The divorce decree included custody orders for their children that gave

them joint legal custody and “equal physical custody and control of * * *” the children.

In 2018, Slayton sought to modify the 2016 custody order. At that point, she lived in Ohio (and Peterson remained in North Carolina), so equal division of parenting time was

not possible. In September 2020, the General Court of Justice, District Court Division, of

Onslow County, North Carolina, issued an order modifying the 2016 order (the “North

Carolina decree”). The North Carolina decree gave Slayton primary physical and legal

custody of the children and Peterson secondary physical and legal custody with visitation

as outlined in the order.

{¶ 3} In early 2020, Peterson moved to Missouri, where he currently resides.

When the children were attending school virtually due to COVID-19 shutdowns, Peterson

and Slayton agreed that the children should spend half of their time with each parent.

They followed the equal-time schedule that they agreed on (instead of the visitation

schedule in the North Carolina decree) until December 2021. In December 2021,

Peterson refused to return the children to Slayton because one of the children alleged that

he was sexually abused by a cousin while in Slayton’s custody in Ohio.

{¶ 4} Peterson reported the abuse allegations in Missouri. As a result, two cases

(the “abuse cases”) were filed in the Family Court of Cole County, Missouri, Juvenile

Division (“Missouri juvenile court”). Peterson did not provide the trial court with much

information from the abuse cases; the record contains only some minimal testimony from

the parties and judgment entries signed January 5 and May 4, 2022.1

1 None of the many copies of the abuse-case orders that are in the record contains a file stamp; the only dates on the orders are the dates they were signed.

2. {¶ 5} In the January entries, the Missouri juvenile court noted that Peterson

admitted the allegations in the petitions, made factual findings, assumed jurisdiction over

the children pursuant to Mo.Rev.Stat. 211.031.1(1),2 and set the matter for a contested

adjudication hearing as to Slayton. Most relevant to this appeal, the entries made the

children “ward[s] of the Court,” granted Peterson custody of the children under the

supervision of the “Children’s Division,”3 and ordered that the children stay in Missouri

“pending final disposition of * * *” the abuse cases.

{¶ 6} The May entries are much shorter. Aside from some boilerplate, the orders

state, in their entirety, “Cause dismissed as to the allegations against mother. Jurisdiction

terminated as to father.”

{¶ 7} While the abuse cases were pending, Peterson and Slayton each filed an

additional court case. First, in December 2021 (around the same time he reported the

abuse allegations), Peterson filed a custody case in the Circuit Court of Cole County,

Missouri (the “custody case”). Again, not much information from that case is in the

record, but we know that Peterson filed a motion to modify custody, and the custody case

2 This is Missouri’s statutory grant of jurisdiction to juvenile courts in cases where a “child is in need of care and treatment because the child is without proper care, custody, or support[,]” Interest of T.D., 645 S.W.3d 669, 676 (Mo.App.2022), and is essentially equivalent to a juvenile court in Ohio having jurisdiction over abuse, neglect, and dependency cases. See R.C. 2151.23(A)(1). 3 A children’s division is the Missouri equivalent of a children services agency in Ohio. See Mo.Rev.Stat. 210.109; R.C. 5153.16.

3. was pending when the magistrate and trial court in this case issued their decisions on

registering the North Carolina decree in Ohio.4

{¶ 8} Second, in April 2022, Slayton filed the R.C. 3127.35 petition to register a

foreign parenting order underlying this appeal. In her petition, Slayton asked to register

the parties’ 2016 divorce decree and the North Carolina decree, and alleged that the

North Carolina decree had not been modified.

{¶ 9} Peterson objected to Slayton’s petition. In his initial response, Peterson

argued that Slayton should not be allowed to register the North Carolina decree, and her

petition should be dismissed, because the trial court did not have jurisdiction to modify

the North Carolina decree. Later, in a separate motion to dismiss—filed in June 2022,

after the Missouri juvenile court dismissed the abuse cases—Peterson objected to Slayton

registering the North Carolina decree under R.C. 3127.35(D)(2) because the abuse-case

orders “effectively stayed” the North Carolina decree.

{¶ 10} In July 2022, the trial court magistrate held a hearing on Peterson’s

objection to Slayton’s petition. The magistrate specifically limited the hearing to the

issue of whether one of the objections in R.C. 3127.35(D) applied. That is, the magistrate

4 In November 2023, while this appeal was pending, Slayton (who did not file a brief or otherwise participate in this appeal) filed two orders from the custody case in the trial court. The first, signed in July 2023, was a determination by the Missouri court that it did not have jurisdiction to modify the North Carolina decree. The second, signed in October 2023, dismissed the custody case for lack of jurisdiction. These document are not properly before us. Salpietro v. Salpietro, 2023-Ohio-169, 205 N.E.3d 1203, ¶ 9-10 (6th Dist.) (appellate review is limited to the record made in the trial court as it existed when the trial court issued its judgment).

4. made clear that the hearing was focused only on whether Slayton could register the North

Carolina decree, not whether the court could enforce or modify it.

{¶ 11} At the hearing, as relevant to the issue of registration, Slayton testified to

her belief that, following the Missouri juvenile court dismissing the abuse cases in May

2022, the North Carolina decree had not been modified and controlled custody

arrangements for the children.

{¶ 12} Peterson testified that he had registered the North Carolina decree in

Missouri in December 2021, and his motion to modify in the Missouri custody case was

pending. At the time of the January 2022 hearing in the abuse cases, the Missouri

juvenile court placed the children with him. After the Missouri juvenile court dismissed

the abuse cases in May 2022, Peterson thought that the North Carolina decree was the

only existing custody arrangement, but he believed that it was “unenforceable,”

essentially because he understood that a North Carolina court could not enforce a custody

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2024 Ohio 863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slayton-v-peterson-ohioctapp-2024.