In re A.A., 031819 OHCA9, 18AP0035

Docket Nº:18AP0035
Opinion Judge:JENNIFER HENSAL JUDGE.
Party Name:IN RE: A.A.
Attorney:APPEARANCES: RENEE J. JACKWOOD, Attorney at Law, for Appellant. LORRIE FUCHS, Attorney at Law, for Appellee.
Judge Panel:CALLAHAN, P. J. SCHAFER, J. CONCUR.
Case Date:March 18, 2019
Court:Court of Appeals of Ohio
 
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2019-Ohio-902

IN RE: A.A.

No. 18AP0035

Court of Appeals of Ohio, Ninth District, Wayne

March 18, 2019

APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF WAYNE, OHIO CASE Nos. 2017 JUV-G 000118, 2017 JUV-H 000192

APPEARANCES: RENEE J. JACKWOOD, Attorney at Law, for Appellant.

LORRIE FUCHS, Attorney at Law, for Appellee.

DECISION AND JOURNAL ENTRY

JENNIFER HENSAL JUDGE.

{¶1} Angela Tucker appeals a judgment of the Wayne County Court of Common Pleas, Juvenile Division, that granted custody of her daughter A.A. to A.A.'s father, Daniel Adams. For the following reasons, this Court affirms.

I.

{¶2} Ms. Tucker and Mr. Adams are the parents of A. A., who was born in 2009. For most of A.A.'s life, Mother and Father lived together in a house that is owned by Mother's mother, along with a daughter that Mother had from a prior relationship. In the fall of 2016, Mother told Father that she was no longer in love with him. Father remained living in the house until the end of October, when Mother's mother told him that she was going to start charging rent. He went to live with his nephew, who is raising a girl near A.A.'s age.

{¶3} Within a few weeks of Father leaving the house, Mother invited a new boyfriend to move in with her. The Child Support Enforcement Agency also began a proceeding to establish a child support order regarding A. A. Father subsequently filed a complaint for custody or shared parenting. The actions were referred to a magistrate, who held an evidentiary hearing over the course of two sessions. The magistrate issued a decision that awarded custody to Father, which the juvenile court adopted. Mother objected to the magistrate's decision, but the juvenile court overruled her objections. Father also objected to the magistrate's decision, but he failed to address his objections in his memorandum, so the juvenile court overruled them as well. Mother has appealed, assigning four errors. Because she has argued some of her assignments of error together, we will address them together.

II.

ASSIGNMENT OF ERROR I

THE TRIAL COURT'S FAILURE TO HOLD A HEARING TO REVIEW THE HEARING OFFICER'S CONDUCT IN THE COURT ROOM TOWARD MOTHER OF INAPPROPRIATE, PREJUDICIAL OUTBURSTS AND STATEMENTS, AS WELL AS WHOLLY UNACCEPTABLE QUESTIONING OF WITNESSES INDICATIVE OF EXTREME BIAS TOWARDS MOTHER DURING THE HEARING, IS AN ABUSE OF DISCRETION.

ASSIGNMENT OF ERROR II

THE TRIAL COURT'S DECISION WAS AGAINST THE WEIGHT OF THE EVIDENCE TO PORTRAY THE CONDITIONS OF THE HOME ONLY TO MOTHER WHEN BOTH MOTHER AND FATHER LIVED THERE TOGETHER, AND THE GUARDIAN AD LITEM REPORTED THAT THE CONDITIONS WERE REMEDIED DURING THE PENDENCY OF THIS CASE.

{¶4} Mother argues that the magistrate exhibited bias against her during the hearing. Mother notes that the magistrate told her that she was appalled by the fact that Mother moved a new boyfriend into her house so soon after Father moved out of the house. The magistrate also told Mother that she believed the action was inappropriate and did not teach A.A. good behaviors. The magistrate also interjected during Father's cross-examination of Mother to ask whether Father had ever been physically abusive of her or A.A. Mother argues that the magistrate should not have admonished her lifestyle or used it against her because there was no evidence that it had any effect on A. A.

{¶5} Mother also argues that some of the magistrate's factual findings were incorrect. Specifically, she contests the magistrate's finding that she only arranged for A.A. to go to a dentist one time, that she was the only one responsible for the clutter inside her house, that her mother still lived in the house, that she had not given A.A. a chance to develop relationships outside of school, that she had not listed Father as an emergency contact for A.A., and that Father had been participating in outdoor activities with A.A. for years. She also contests the magistrate's finding that she allowed her new boyfriend to move into her home and care for A.A. even though she did not know much about him, that she had almost no work history and relied on the men in her life to support her, that she had not made any plans for the baby she was carrying at the time of the hearing, that she had hoarding issues, and that Father was current as to the temporary support order. Mother argues that the magistrate's improper statements and inaccurate findings demonstrate that the juvenile court should have held a hearing on whether the magistrate should have disqualified herself and on the timeliness of her request.

{¶6} Mother objected to the magistrate's decision, in part, because of the magistrate's alleged bias and inaccurate...

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