In the case of In re J.M.P., 2023-Ohio-225, the appellate court enforced a shared parenting plan declaring the mother to be the residential parent for school enrollment purposes and ordering the father to pay a portion of such enrollment.
In this case, the mother argued that the shared parenting plan (1) vested the mother with sole authority to enroll the child at the school of her choosing — at any time — as the shared parenting plan simply stated that, “Mother shall be residential parent for school purposes,” and nothing in the plan limited when the child may be enrolled and (2) mandated that the father pay one-half of such educational expenses if the mother decides to enroll the child in a specific private school named in the plan — at any time — as evidenced by the plan itself. In response, the father agreed that, on the one hand, the shared parenting plan vested the mother with sole authority to enroll the child at the school of her choosing — at any time, but argued, on the other hand, that the intent of the plan was to only require the father to pay tuition for post-preschool enrollments. The appellate court agreed with the mother.
In support of its decision in favor of the mother, the appellate court explained that there was no need for the court to determine the intent of the parents as there were no terms in the shared parenting plan prohibiting the mother from enrolling the child in the private school prior to kindergarten and mandating that the father pay a portion of such educational costs, therefore, the court was not empowered to give the plan a meaning which was not provided for in the plan itself.
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.