LAW.coLAW.co

Leschinski v. Rizer

2026-08-27

Summary

Holding. The trial court's judgment awarding legal custody to Father and rejecting Mother's custody claim was affirmed because the trial court properly considered relevant factors under Ohio law, including testimony regarding Mother's decision-making and the household environment, without improperly adjudicating the non-party Smith.

Jason Leschinski sought legal custody of his minor child L.L. after learning that Jacklyn Rizer (the child's mother) was living with and later married David Smith, who had been charged with rape of a juvenile in Pike County. The trial court awarded full custody to Father with supervised parenting time for Mother, after hearing evidence that Rizer had not disclosed Smith's charges to Father, bonded Smith out of jail following his arrest, married him while custody and criminal cases were pending, and continued to defend him despite detailed testimony from his alleged victim and law enforcement corroboration.

Rizer appealed on four grounds, arguing primarily that the trial court improperly adjudicated Smith (a non-party), exceeded its jurisdiction, and improperly considered prior Pike County proceedings. The appellate court found that Rizer lacked standing to assert most of her arguments because they concerned Smith's rights rather than her own. The court also noted that Rizer's brief failed to comply with appellate procedure rules, though it elected to review the appeal in the interests of justice. Substantially, the court concluded the trial court properly considered all relevant statutory factors regarding the child's best interests, including the household environment and persons significantly affecting the child's welfare.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether trial court properly considered household member's criminal allegations when determining child's best interests under Ohio custody law
  • Standing of parent to appeal custody decision based on arguments benefiting a non-party to the proceeding
  • Effect of prior custody determinations involving same non-party on present custody determination
  • Appealability of interlocutory emergency temporary custody orders after final custody trial

Procedural posture

Mother appealed a final custody determination from the Fairfield County Court of Common Pleas, Domestic Relations Division, after the trial court awarded legal custody to Father and denied Mother's request for shared parenting.

Authorities cited

Opinion

majority opinion

[Cite as Leschinski v. Rizer, 2026-Ohio-3350.]

IN THE OHIO COURT OF APPEALS

FIFTH APPELLATE DISTRICT

FAIRFIELD COUNTY, OHIO

JASON L. LESCHINSKI, Case No. 2026 CA 00001

Plaintiff - Appellee Opinion And Judgment Entry

-vs- Appeal from the Fairfield County Court of

Common Pleas, Domestic Relations Division,

JACKLYN C. RIZER nka Case No. 23 PA 153

JACKLYN C. SMITH,

Judgment: Affirmed

Defendant - Appellant

Date of Judgment Entry: August 27, 2026

BEFORE: William B. Hoffman; Craig R. Baldwin; Robert G. Montgomery, Judges

APPEARANCES: JASON A. PRICE, for Plaintiff-Appellee; JACKLYN RIZER nka

JACKLYN C. SMITH, Pro Se Defendant-Appellant.

Montgomery, J.

{¶1} Mother-Appellant, Jacklyn Rizer nka Jacklyn Smith, appeals from the

judgment of the Fairfield County Court of Common Pleas, Domestic Relations Division,

awarding legal custody to Father, Jason Leschinski. For the reasons below, we AFFIRM.

STATEMENT OF FACTS

{¶2} This appeal concerns the trial court’s custody determination of a minor child,

L.L., d/o/b November 2, 2017. Jason Leschinski (“Father”) is the minor’s father, and Jacklyn Rizer nka Jacklyn Smith (“Mother” or “Appellant”) is the minor’s mother. The

parties were never married to each other and there had been no prior court order allocating

parental rights and responsibilities concerning L.L. The parties always worked out parenting

time among each other until July/August, 2023. At the end of July, 2023, Father received

communication from one of Mother’s relatives that Mother’s live-in boyfriend and now

husband, David Smith (“Smith”), was charged with the rape of a juvenile (in Pike County)

and that Mother failed to tell Father about this fact.

{¶3} Shortly thereafter, on August 17, 2023, Father filed a Complaint and Motion

for Emergency Temporary Custody of L.L. The trial court granted Father’s motion for

temporary emergency custody and set the matter for a full trial on August 29, 2025. Father

allowed Mother to have supervised parenting time. However, Mother’s counsel continued

the August 29, 2023, hearing date. On December 21, 2023, the parties entered an agreed

temporary custody order, with temporary custody to Father and supervised parenting time

for Mother, to remain effective during the pendency of the case. Nearly two years later, on

November 18, 2025, after multiple additional delays by Mother and her counsel, as well as

Mother’s ultimate termination of counsel, the custody trial on the merits took place.

{¶4} At trial, the court heard testimony from Mother and Father, the guardian ad

litem, David E. Smith, K.R., and Pike County law-enforcement personnel. The court learned

that upon learning of Smith’s arrest for rape, Smith told Mother the allegations were false and

Mother bailed Smith out of jail, allowed him to return to their shared residence with L.L.

present, and then married him while the custody and rape cases were pending. Mother

testified that she was aware of K.R.’s allegations against Smith in July 2023, but she did not

reach out to K.R. because she was not interested in K.R.'s version of the events. Mother testified that she believes K.R. is lying and that it never crossed her mind that the allegations

might be true. Mother testified she has no idea how K.R. would know the characteristics of

Smith's genital area as disclosed during her forensic interview (discussed infra). Mother is not

worried at all about Smith being around L.L. and that she remains with Smith because she

has other children to think about. Mother testified that Smith told her that the evidence in

the rape case was tainted, and she therefore determined the rape charges were false.

{¶5} Smith testified that in August 2025, the charges for which he was indicted were

dismissed and he entered a plea to amended felony charges, obstruction of justice. Smith

testified that Mother learned about his rape charges after he was arrested in July 2023. He

testified that he did not tell Mother about the previous rape charge that was dismissed prior

to his 2023 arrest. Smith acknowledged he did not disclose any prior criminal charges/history

to Mother or Father.

{¶6} K.R., who was 21 years old at the time of trial, testified in detail regarding the

sexual abuse by Smith when K.R.’s mother was married to Smith. She stated the abuse began

when she was 13 years old and lasted until she was 15, when she finally reported Smith to

law enforcement. K.R. explained that at first, Smith forced her to perform oral sex on him

and forced her to touch his penis. K.R. testified that he also touched her breasts and vaginal

area. K.R. described two incidents of vaginal rape by Smith in 2020, when she was 15 years

old. K.R. testified that Smith told her repeatedly not to disclose the sexual abuse to anyone.

Further, during the years of abuse, K.R. stated that Smith would show her images of children

on pornographic bodies. She testified that the children’s faces were children from the church

they attended. She testified that Smith told her that those children were also having sex with

adults and it was “normal” behavior. K.R. testified that Smith had a skin tag (an unusually large tag) on his testicle, which she disclosed to law enforcement. K.R. did not agree with the

reduced plea agreement and testified that Smith should not have any contact with children.

{¶7} Two Pike County law enforcement officers testified regarding allegations that

K.R. made against Smith. Captain James Burchett confirmed that Smith’s genital area

matched K.R.’s description with a large skin tag. The officers confirmed that Smith was

charged with four counts of rape, felonies of first degree, and four counts of sexual battery,

felonies of the third degree. The alleged victim in each charge was Smith’s then step-daughter,

K.R. Burchett testified that their investigation indicated that Smith absolutely poses a risk of

harm. He further testified that because a deputy mishandled the electronic evidence in

Smith’s case, it cost them the appropriate conviction against Smith.

{¶8} Sonya Drake, the Guardian ad Litem for L.L., also testified at the hearing and

filed a written report recommending legal custody to Father. Ms. Drake is concerned with

Mother’s overall decision-making due to Mother’s continued minimization of allegations

against Smith. Ms. Drake has safety concerns for L.L. in Mother’s home where Smith

currently resides and that Mother has no hesitation regarding L.L. being around Smith. Due

to Smith’s claims of innocence, Ms. Drake requested that Smith disclose his criminal file to

her, but he refused. Thus, Ms. Drake recommended custody to Father with supervised

parenting time to Mother.

{¶9} After considering the testimony and evidence, and examining the factors set

forth in R.C. 3109.04(F)(1) and (2), the Court determined it was in the minor child’s best

interest to grant full custody of L.L. to Father, with supervised parenting time to Mother, at

grandmother Nannette George’s home. The trial court also allowed Mother to attend all

school and extracurricular events, and to have communication with L.L. twice a week or more as agreed upon by the parties. The trial court also determined that Smith should have

no contact with L.L. Mother appealed.

ASSIGNMENTS OF ERROR

{¶10} “I. THE TRIAL COURT ERRED BY TREATING R.C. 3109. 04(F)(1)(h)

AS AUTHORITY TO DETERMINE SUSPICION-BASED ABUSE ALLEGATIONS

AGAINST A NON-PARTY HOUSEHOLD MEMBER, ABSENT THE STATUTORY

PREDICATES REQUIRED FOR CONSIDERATION OF A HOUSEHOLD MEMBER

UNDER THAT SUBSECTION, AND BY THEREBY CONVERTING AN

EVALUATIVE, PREDICATE-BASED FACTOR INTO AN UNAUTHORIZED

ADJUDICATIVE MECHANISM FOR DETERMINING ABUSE-AN EXERCISE OF

JUDICIAL AUTHORITY PATENTLY AND UNAMBIGUOUSLY BEYOND A

DOMESTIC-RELATIONS COURT’S JURISDICTION.”

{¶11} “II. THE TRIAL COURT ERRED BY MAKING FINDINGS AND

IMPOSING A CATEGORICAL NO-CONTACT RESTRAINT AGAINST A NAMED

NON-PARTY OVER WHOM THE COURT NEVER ACQUIRED PERSONAL

JURISDICTION.”

{¶12} “III. THE TRIAL COURT ERRED BY DISREGARDING THE LEGAL

EFFECT OF A PRIOR FINAL DOMESTIC-RELATIONS ADJUDICATION

INVOLVING THE SAME PERSON-SPECIFIC ABUSE-RELATED STATUTORY

INQUIRY AND SUBSTITUTING ITS OWN DE NOVO DETERMINATION OF THAT

INQUIRY AS TO A NON-PARTY UNDER R.C. 3109.04(F)(1)(h), BASED ON

ALLEGATIONS ARISING FROM THE HOUSEHOLD SUBJECT TO THAT PRIOR

ADJUDICATION, IN VIOLATION OF PRINCIPLES OF FINALITY AND

COORDINATE-COURT JURISDICTION, AND WITHOUT JURISDICTION TO

UNDERTAKE THAT DETERMINATION.”

{¶13} “IV. THE TRIAL COURT ERRED BY DEPRIVING DEFENDANTAPPELLANT OF STATUTORY CUSTODY THROUGH THE PURPORTED EXERCISE OF

TEMPORARY EMERGENCY JURISDICTION WITHOUT SATISFYING R.C. 3127.18, BY

CONTINUING THAT DEPRIVATION WITHOUT THE PROMPT POSTDEPRIVATION HEARING REQUIRED BY DUE PROCESS AND LOCAL RULE 8.61

OR OBTAINING A VALID WAIVER, AND BY CARRYING THAT UNLAWFUL

POSTURE INTO THE FINAL CUSTODY DETERMINATION.”

PRELIMINARY MATTERS

A. Standing Generally

{¶14} After reviewing Mother’s Brief and her four assignments of error, it is clear that

Mother’s arguments are predominantly on behalf of Smith. Because Smith is a non-party to the custody proceedings, Mother lacks standing to assert such claims or arguments on appeal

on his behalf. "The Supreme Court of Ohio has defined standing as '[a] party's right to make

a legal claim or seek judicial enforcement of a duty or right.'" Brown v. Columbus City School

Bd. of Edn., 2009-Ohio-3230, ¶ 6 (10th Dist.), quoting Ohio Pyro, Inc. v. Ohio Dept. of Commerce,

2007-Ohio-5024, ¶ 27. "In order for a party to have standing to appeal, that party must have

been aggrieved or prejudiced by the order appealed." Alesi v. Warren Cty. Bd. of Commrs., 2014-Ohio-5192, ¶ 51 (12th Dist.).

{¶15} “To have standing, the general rule is that 'a litigant must assert its own rights,

not the claims of third parties.” Utility Serv. Partners, Inc. v. Pub. Util. Comm., 2009-Ohio-6764,

¶ 49, quoting N. Canton v. Canton, 2007-Ohio-4005, ¶ 11. Thus, as a general matter, “the party

bringing an appeal can only challenge trial court rulings that are injurious to her[.]” Cain v.

Cain, 2017-Ohio-708, ¶ 20-21 (11th Dist.); UBS Financial Services Inc. v. Lacava, 2017-Ohio7916, ¶ 9 (9th Dist.); Am. Sav. Bank, FSB v. Wrage, 2016-Ohio-2879, ¶ 19 (4th Dist.); Warino

v. Worldwide News Corp., 2013-Ohio-5884 (7th Dist.) (Appellant did not “have standing to

assert alleged errors relating to * * * nonparties to th[e] appeal.”); Bedi-Hetlin v. Hetlin, 2014-Ohio-4997, ¶ 40 (3d Dist.) (Appellant “cannot complain about the failure of the trial court to

grant a non-appealing party's motion, unless she can demonstrate how the alleged error

prejudiced her.”).

{¶16} Here, Mother attempts to vicariously assert arguments related solely to Smith,

a non-party, for which Mother lacks standing. Indeed, Mother’s appeal barely focuses on

L.L.’s best interest or Mother’s relationship with L.L., but rather, on Smith, and how the trial

court misjudged him and/or improperly “adjudicated” him.

B. Appellate Rule 16

{¶17} Aside from Mother’s lack of standing, Mother’s brief fails to comply with

Appellate Rule 16. The Rule requires, among other things, a statement of facts relevant to the

assignments of error presented for review, with appropriate references to the record (App.R.

16(A)(6)); and an argument containing appellant's contentions with respect to each

assignment of error presented for review and the reasons in support of the contentions, with

citations to the authorities, statutes, and parts of the record on which appellant relies (App.R.

16(A)(7)). Importantly, App.R. 12(A)(2) states, "(2) The court may disregard an assignment

of error presented for review if the party raising it fails to identify in the record the error on

which the assignment of error is based or fails to argue the assignment separately in the brief,

as required under App.R. 16(A)." Mock v. Schupp, 2025-Ohio-4659, ¶ 25 (5th Dist.).

{¶18} “It is the duty of the appellant, not this court, to demonstrate [her] assigned

error through an argument that is supported by citations to legal authority and facts in the

record.” State v. Humphries, 2008-Ohio-388, ¶ 47, quoting State v. Taylor, 1999 Ohio App.

LEXIS 397, *9 (9th Dist.); see also, App.R. 16(A)(7). “It is not the function of this court to

construct a foundation for [an appellant's] claims; failure to comply with the rules governing

practice in the appellate courts is a tactic which is ordinarily fatal.” Id., citing Kremer v. Cox,

114 Ohio App.3d 41, 60 (1996).

{¶19} First, it appears that Mother used some type of AI program to write her Brief.

While this fact alone does not prohibit our review because Appellant is pro se, it is noteworty

that many of the authorities cited by Appellant are general propositions of law that do not

demonstrate how the trial court erred. Indeed, several assignments of error in Mother’s Brief

do not acknowledge the highly deferential abuse-of-discretion standard of review governing custody determinations made by trial courts. Ohio appellate courts have repeatedly

recognized that trial courts are vested with broad discretion in custody matters. Further,

portions of Appellant's Brief contain broad legal assertions that are simply inapplicable to this

case. Mother repeatedly cites authority for generalized propositions while failing to

demonstrate how those cases compel reversal under the facts presented here. Second, Mother

cites to the Judgment Entry numerous times throughout her Brief, but she does not identify

any other portions of the record to support an alleged error.

{¶20} While we acknowledge Mother filed this appeal without the assistance of legal

counsel, the Supreme Court of Ohio has "repeatedly declared that 'pro se litigants * * * must

follow the same procedures as litigants represented by counsel.'" State ex rel. Neil v. French,

2018-Ohio-2692, ¶ 10, quoting State ex rel. Gessner v. Vore, 2009-Ohio-4150, ¶ 5. Pro se litigants

who choose to represent themselves in court are also "'presumed to have knowledge of the

law and legal procedures and . . . are held to the same standard as litigants who are represented

by counsel.'" State ex rel. Fuller v. Mengel, 2003-Ohio-6448, ¶ 10, quoting Sabouri v. Ohio Dep't

of Job & Family Servs., 145 Ohio App.3d 651, 654 (10th Dist. 2001).

{¶21} Although the deficiencies in Mother’s brief and her lack of standing would

permit this court to dismiss many, if not all, aspects of her appeal, "in the interests of justice

and finality, we elect to review the appeal." Foster v. Stuff, 2025-Ohio-5584, ¶ 14 (5th Dist.).

We will briefly discuss the merits of each assignment of error for clarity, finality, and

completeness.

STANDARD OF REVIEW

{¶22} It is well settled that a trial court is given broad discretion in its determination

of parental custody rights. Booth v. Booth, 44 Ohio St.3d 142, 144 (1989). A trial court's custody determination will not be disturbed unless it involves an abuse of discretion. Bechtol v. Bechtol,

49 Ohio St.3d 21, 23 (1990). Stated differently, because trial courts have broad discretion in

allocating parental rights and responsibilities, appellate courts will affirm a custody

determination absent an abuse of discretion. Abuse of discretion is a term used to indicate

that a trial court's decision is unreasonable, arbitrary or unconscionable. Reynolds v. Reynolds,

2026-Ohio-309 (12th Dist.); Teufel v. Teufel, 2017-Ohio-5732 (1st Dist.) (The domestic

relations court has broad discretion when determining child custody and the appellate court

will not disturb the trial court's judgment if it is supported by competent, credible evidence).

{¶23} “In proceedings involving the custody and welfare of children the power of the

trial court to exercise discretion is peculiarly important. The knowledge obtained through

contact with and observation of the parties and through independent investigation can not be

conveyed to a reviewing court by printed record.” Woods v. Woods, 1997 Ohio App. LEXIS

2391, *6-7, quoting Trickey v. Trickey, 158 Ohio St. 9, 13 (1952). Indeed, the issue of witness

credibility is primarily for the trier of fact to determine. Davis v. Flickinger, 77 Ohio St.3d 415,

419 (1997). “The ‘rationale of giving deference to the findings of the trial court rests with the

knowledge that the trial judge is best able to view the witnesses and observe their demeanor,

gestures and voice inflections, and use these observations in weighing the credibility of the

proffered testimony.’” In re J.Y., 2008-Ohio-3485, ¶ 33 (2d Dist.), quoting Seasons Coal Co.,

Inc. v. City of Cleveland, 10 Ohio St.3d 77, 80 (1984).

[I]t is inappropriate in most cases for a court of appeals to independently weigh

evidence and grant a change of custody. The discretion which a trial court

enjoys in custody matters should be accorded the utmost respect, given the

nature of the proceeding and the impact the court's determination will have on

the lives of the parties concerned. The knowledge a trial court gains through

observing the witnesses and the parties in a custody proceeding cannot be

conveyed to a reviewing court by a printed record. In this regard, the reviewing

court in such proceedings should be guided by the presumption that the trial

court's findings were indeed correct.

Teufel, at ¶ 15, quoting Miller v. Miller, 37 Ohio St.3d 71, 75 (1988).

APPLICABLE LAW AND ANALYSIS

Custody and the Child’s Best Interest - R.C. 3109.04(F)(1), (2)

{¶24} When making an original allocation of parental rights and responsibilities, the

trial court shall consider the best interest of the child. R.C. 3109.04(B)(1). Thomas v. Thomas,

2003-Ohio-6393, ¶ 8 (7th Dist.). To determine best interests, R.C. 3109.04(F)(1) requires the

domestic relations court to consider “all relevant factors.” No single best-interest factor is

determinative. Vaughn v. Vaughn, 2022-Ohio-1805, ¶ 42 (12th Dist.). The statute provides:

1) In determining the best interest of a child pursuant to this section, whether on

an original decree allocating parental rights and responsibilities for the care of children

or a modification of a decree allocating those rights and responsibilities, the court shall

consider all relevant factors, including, but not limited to:

(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;

***

(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.

***

Reynolds v. Reynolds, 2026-Ohio-309, ¶ 17 (12th Dist.).

{¶25} Importantly, a trial court is not limited to the factors listed in R.C. 3109.04(F)

in determining custody issues, but may consider any “relevant factors.” In re E.F.S., 2006-Ohio-499, ¶ 19 (12th Dist.); Thomas, supra (the maturity and stability of one parent is a proper

and relevant factor for a trial court to consider). The court must consider several additional

factors when determining whether a party's proposed shared parenting plan is in the child’s

best interest. Chaney v. Chaney, 2022-Ohio-1442, ¶ 37 (12th Dist.); R.C. 3109.04(F)(2). Such

factors include the ability of the parents to cooperate and make joint decisions regarding the

children; the ability of each parent to encourage the sharing of love, affection, and contact

between the children and the other parent; any history or potential for abuse; the geographic

proximity of the parents to one another; and, if applicable, the recommendation of the

children's guardian ad litem. R.C. 3109.04(F)(2)(a)-(e). Here, Father withdrew his request for

a shared parenting plan and Mother did not properly propose a plan.

First Assignment of Error

{¶26} In the first assignment of error, Mother claims that because the trial court heard

testimony regarding sexual abuse allegations against Smith, the court engaged in an

unauthorized “adjudicative function” against Smith and the resulting custody order must be

vacated. Appellant argues “the trial court identified no conviction, guilty plea, or

adjudication involving abuse, neglect, domestic violence, or a sexually oriented offense

satisfying R.C. 3109.04(F)(l)(h). Instead, it relied upon obstruction-of-justice pleas under

R.C. 2921.32(A)(4), which are not qualifying offenses and did not involve the subject family

or household.” Appellant’s Brief, pp. 5-6. Mother’s argument is without merit.

{¶27} First, as outlined above, Mother lacks the requisite standing to assert an

argument regarding the trial court’s alleged adjudication of Smith. Second, even assuming a

proper argument, the record is clear that the trial court did not conduct any such

“adjudication.” To the contrary, the trial court fulfilled its statutory obligations under R.C.

3109.04(F)(1) to consider any and all relevant factors affecting the child’s welfare and safety

and determine the child’s best interests. Such factors include evidence regarding abuse or the

potential for abuse as well as the interrelationship between the child and any person who may

affect the child’s best interest. No doubt this includes Smith, to whom Mother is married and

with whom Mother resides.

{¶28} The trial court heard testimony from the alleged victim, K.R., as well as

testimony from Pike County law enforcement regarding the criminal investigation. The trial

court heard this testimony not for the purpose of adjudicating Smith, but for the sole purpose

of determining the best interest of L.L. and those who would impact L.L’s living and home

environment. The evidence demonstrated that Mother maintained her relationship with

Smith after learning of rape charges, Mother immediately bonded Smith out of jail and

allowed him to return to their shared residence, married him during the pendency of this

custody litigation, had his child, and continued to defend him while simultaneously

minimizing any potential harm to L.L., physically or mentally. Mother’s reason for doing

this was simply “he told me he didn’t do it.”

{¶29} R.C. 3109.04(F)(1) expressly requires the Court to consider the child's

interaction and interrelationship with persons who may significantly affect the child's best

interests, the mental and physical health of all persons involved, and whether there is reason

to believe abuse-related concerns exist. The trial court properly executed its statutory duty and discussed the facts regarding each of these factors. The fact that Mother does not agree

with the trial court’s overall conclusion as to the minor child’s safety and well-being does not

equate to error. This court will not substitute its judgment regarding custody and/or shared

parenting when competent, credible evidence exists to support the trial court’s determination.

Appellant’s first assignment of error is overruled.

Second Assignment of Error

{¶30} In her second assignment of error, Mother argues the trial court improperly

entered “findings” concerning Smith even though he was not a formal party to the case and

the court did not have personal jurisdiction over Smith. We disagree.

{¶31} Again, Mother lacks standing to assert this argument on behalf of Smith. Utility

Serv. Partners, supra. Even assuming proper standing, Mother’s argument is wholly without

merit. The custody proceeding concerned one narrow and specific issue: the best interests of

the minor. The trial court was obligated to consider any individuals residing in Mother's

household and those who may significantly affect the child's welfare. The trial court did not

enter any sort of judgment or adjudication against Smith. The trial court evaluated whether

Mother's decision to maintain Smith within the child's environment was contrary to L.L.’s

best interests and properly made “findings” regarding same.

{¶32} As set forth above, the Court’s concerns surrounding Smith are highly relevant

regarding L.L.’s living and home environments. The fact that Mother cannot and will not

see the relevance of the testimony is nothing short of astounding. The fact that multiple

individuals testified in detail regarding his sexual conduct should at the very least raise

Mother’s suspicion. Instead, Mother immediately bonded him out of jail, married him, and

continually disregards the charges and testimony against Smith. Mother minimizes any potential harm to L.L. simply because Smith has not yet harmed L.L. Smith was indicted

twice for serious sex offenses involving his stepchild at the time he lived with that stepchild.

Although Smith entered felony pleas to lesser charges, law enforcement testified concerning

the investigation and the fact that much of the evidence against Smith was mishandled and

had to be discarded. The alleged victim testified in detail about Smith’s sexual conduct and

abuse of her – beginning at age 13 and continuing for over two years. The victim had nothing

to gain from her testimony.

{¶33} In the final analysis, it is clear the trial court's “findings” were directed to the

parties before the Court - Mother, Father, L.L, and their custodial arrangement. The trial

court was absolutely permitted to consider all relevant evidence in making “findings”

regarding Mother's judgment, parenting decisions, and Smith’s credibility. Appellant’s

second assignment of error is overruled.

Third Assignment of Error

{¶34} In the third assignment of error, Mother argues that the prior Pike County

domestic proceedings involving Smith and his former wife and children, and their custodial

arrangement, somehow prohibited the trial court from considering allegations against Smith

in the present case. We disagree.

{¶35} Mother does not cite any case or other legal authority to properly support her

argument as required by App.R. 16. As set forth above, it is the duty of appellant, not this

court, to demonstrate the “assigned error through an argument that is supported by citations

to legal authority and facts in the record.” Humphries, ¶ 47. Appellant's third assignment of

error is legally inept and fails to cite applicable or accurate legal principles. For this reason

alone, the court may reject the assignment of error.

{¶36} Even assuming some basis for asserting this error, the prior Pike County

proceedings involved different parties, different children, different facts, and an entirely

different custody determination. The existence of a prior shared parenting order involving

Smith and his previous wife does not preclude the court from determining the present custody

situation involving L.L. Moreover, contrary to Mother’s continued argument, the trial court's

custody determination did not rest solely upon allegations against Smith. The Court

considered Mother’s testimony, her judgment, her decision-making, her credibility, Mother's

minimization of Smith’s criminal conduct, and the Guardian ad Litem's recommendations.

The trial court was not re-litigating the Pike County matter in the least. Appellant’s third

assignment of error is overruled.

Fourth Assignment of Error

{¶37} Mother’s final assignment of error attacks the temporary emergency custody

proceedings in August 2023. Again, Mother’s argument must fail. It is well-established that

a pre-adjudicatory, interim emergency order awarding temporary legal custody is not a final,

appealable order under R.C. 2505.02. See, e.g., Parris v. Chapman, 2021-Ohio-3501, ¶ 13 (10th

Dist.) ("An order ruling on the temporary allocation of custody between parents is an

interlocutory order, not a final, appealable order."); Howard v. Catholic Soc. Servs. of Cuyahoga

Cty., Inc., 70 Ohio St.3d 141, 146 (1994) (noting that "[father] is correct that he possesses no

immediate appeal from any preadjudicatory emergency temporary custody order").

{¶38} The reason that emergency orders are not final and appealable is because issues

regarding temporary emergency orders are rendered moot by the final custody trial and

judgment. See, e.g., Parris, at ¶ 15-18; Barry v. Rolfe, 2008-Ohio-3131, ¶ 39-40 (8th Dist.); Ryan

v. Ryan, 2007-Ohio-6568, ¶ 11 (5th Dist.) (recognizing a juvenile court's final decision on custody superseded the temporary order, thereby rendering the temporary decision moot); In

re J.L., 2026-Ohio-1216 (1st Dist.) (Where juvenile court entered final custody order awarding

legal custody to grandmother, father's challenges to January 2023 interim custody order

granting temporary custody to grandmother pending resolution of competing custody

petitions were moot and not subject to appellate review); In re C.T.T., 2019-Ohio-3362, ¶ 11

(8th Dist.) (finding that the interlocutory emergency custody orders merged into the final

custody decree, and Mother's arguments relating to the temporary custody are moot).

{¶39} Moreover, Mother had multiple chances to challenge the emergency order and

she declined to do so. The record reveals the trial court granted the Father’s Motion for

Emergency Custody on August 17, 2023, and then set the motion for a full hearing on

August 29, 2023. However, Mother’s counsel continued the August 29, 2023, hearing date

several times and as a result, the parties were able to come to an agreement for temporary

custody orders. Thereafter, nearly two years later, Appellant received a full trial on the merits.

In other words, Mother herself agreed to temporary custody orders but now argues that the

trial court improperly relied on such orders.

{¶40} In the final analysis, the trial court independently evaluated the evidence

presented and conducted a comprehensive best-interest analysis under R.C. 3109.04. The

court issued a detailed decision with numerous findings of fact based on the evidence

presented at the full custody hearing. Without question, the final judgment was based upon

the evidence presented during trial - not merely the existence of temporary orders. Appellant’s

fourth assignment of error is overruled.

CONCLUSION

{¶41} Mother’s first, second, third, and fourth assignments of error are overruled in

their entirety. The judgment of the Fairfield County Court of Common Pleas, Domestic

Relations Division, is affirmed in all respects.

{¶42} Costs to Appellant.

By: Montgomery, J.

Hoffman, P.J. and

Baldwin, J. concur.