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Mother Appointed Residential Parent Because It Was In the Best Interest of the Children

In the case of In re G.D-M., 2022-Ohio-3023, the Court of Appeals held that the mother of school-aged children was the appropriate parent to be appointed as the residential parent for schooling purposes where it was in the best interest of the children.

Here, a mother and father mediated a shared parenting agreement after a custody battle and resolved all issues except for who would be the residential parent for school enrollment. The trial court ruled that it was in the best interest of the children for the mother to be the residential parent for school purposes, and the father argued that decision, alleging that it was against the weight of the evidence. The court of appeals disagreed with the father.

In support of its decision, the court of appeals explained that the standard for allocating parental rights and responsibilities is the best interest of the children. The court of appeals reasoned that the mother showed a strong commitment to the children’s schooling and the GAL agreed that the mother was better equipped to assist the children with their educational needs. Additionally, the father had tested positive for drug use on multiple occasions and the children were originally taken from the father for a domestic violence dispute between the father and a child. Thus, the court of appeals found that the decision to denote the mother as the residential parent for schooling purposes was not against the weight of the evidence.

To read this case, click here.

 

Authors: Matthew John Markling and the McGown & Markling Team.

 

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

 

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