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G.R. v. B.H.

2026-09-18

Authorities cited

Opinion

majority opinion

[Cite as G.R. v. B.H., 2026-Ohio-3666.]

IN THE COURT OF APPEALS OF OHIO

SIXTH APPELLATE DISTRICT

OTTAWA COUNTY

G.R. Court of Appeals No. OT-26-005

Appellee

Trial Court No. 20204067

v.

B.H. DECISION AND JUDGMENT

Appellant Decided: September 18, 2026

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Heather J. Fournier, for appellant.

*****

SULEK, J.

{¶ 1} Appellant-mother, B.H., appeals a judgment from the Ottawa County Court

of Common Pleas, Juvenile Division, granting appellee-father, G.R.’s motion for legal

custody of the parties’ minor child, N.R. For the foregoing reasons, the judgment is

affirmed.

I. Facts and Procedural Background

{¶ 2} Father and Mother are the parents of N.R. born in October 2019. In August

2022, the parties entered into a shared parenting agreement. On February 4, 2025, Mother filed a motion in the juvenile court for a contempt order and a motion for change

of parental rights and responsibilities. Mother claimed that on multiple occasions, Father

interfered with her parenting time and also failed to provide N.R. with clothing and

transportation to school and appointments. On May 7, 2025, Father moved the court to

order Mother to show cause for her alleged contempt of the shared parenting order on ten

occasions. After an unsuccessful mediation attempt, the court returned the matter to its

docket. On June 20, 2025, Father moved the court to terminate the shared parenting plan

and to name him residential parent.

A. Hearing on the Motions

1. Mother’s case

{¶ 3} On September 23, 2025, the matter proceeded to a hearing before a

magistrate, with Mother, pro se, testifying on her own behalf. Mother testified that she

got a new job and Father initially agreed to work with her new schedule. In January

2025, on multiple occasions Mother got off work and Father would say it was too cold to

exchange N.R. She made three to four police reports documenting the issue. During this

same period, Father kept N.R. home from preschool on six occasions.

{¶ 4} Mother stated that after arguments between the two escalated, Father began

picking N.R. up on Thursdays from school rather than her home; her daughters were

upset because they could not tell him goodbye for the weekend. There had been ongoing

transportation problems due to Father not having a car. Mother claimed that N.R.

became ill after visits with Father who lived in his mother’s basement.

2.

{¶ 5} Mother testified that if she had to work during her weekend with N.R., she

agreed to let Father have him rather than taking him to a babysitter. If Father’s oldest son

was visiting, he would text saying that he was keeping N.R. so they could spend time

together —this impacted her parenting time. Mother acknowledged that the shared

parenting agreement sets forth specific days and times for each parent to have N.R., but

stated that she initially varied the schedule because she was trying to help Father out.

{¶ 6} During cross-examination, Mother agreed that the parties were not able to

follow the shared parenting plan and that she wanted full custody with Father having

standard visitation. Mother acknowledged that she does not speak to her family because

they are “not good people.”

2. Father’s case part 1

{¶ 7} Maternal grandmother, T.H., testified that she has not spoken to Mother in

over a year and sees N.R. only when Father needs childcare help. T.H. believes Mother

is unstable and needs professional help. The last time she spoke with Mother she

attended a family party under the influence. Mother drove T.H.’s spare car to the party

because she had recently been in an accident involving alcohol with children in the car.

Mother left with the children after her father would not let her drink shots of alcohol.

{¶ 8} T.H. stated that Mother frequently uses vulgar language in front of her

children and on at least one occasion, used inappropriate physical discipline with her

older daughter. T.H. does not feel that Mother is giving N.R. the attention that he needs;

she explained that Mother has good intentions but “has issues that are not allowing her to

do the right things.”

3.

{¶ 9} T.H. testified that Father is a good dad and lives in a more stable

environment. T.H. has no concerns with Father though she admits that he is also not

perfect. She believes that it is in N.R.’s best interest for Father to be named residential

parent and legal custodian.

{¶ 10} N.R.’s maternal aunt, C.H., testified that she feels that Father can provide a

more stable environment for him. She similarly recounted Mother’s intoxication at a

family party and that following an argument she left with her children. Mother also told

her that she and her boyfriend smoked marijuana before arriving at the party.

{¶ 11} N.R.’s paternal grandmother, K.S., testified that her biggest concern

regarding the parties’ parenting plan is Mother’s volatility and her fear of its impact on

N.R. Mother wants her demands met immediately and if she is not satisfied, she

withholds N.R. from coming to their home or sends “crazy off-the-chart” texts. For

example, K.S. and Father try to help with N.R.’s care when Mother is working, but any

time they are not available she blames Father for any repercussions from work. Mother

uses a lot of vulgarities and has called K.S. various derogatory terms. K.S. stated that

Mother’s temper and anger is a problem in that as soon as she gets irritated, “[s]he goes

for the jugular.”

{¶ 12} K.S. believes that if Father is awarded custody, he will honor and facilitate

Mother’s parenting time. He will also facilitate N.R. seeing both sides of his extended

family. He has no mental or physical problems preventing him from being a full-time

parent. Father and N.R. stay in a finished basement in K.S.’s home. It has a kitchen,

bathroom, and three bedrooms.

4.

{¶ 13} During cross-examination, K.S. acknowledged that Mother also

accommodated Father’s work, school, and car situation as it relates to the shared

parenting agreement. She agreed that N.R. needs to have access to his sisters, Mother’s

children, and his brother, Father’s son. K.S. explained that the maternal grandmother of

Father’s oldest son, now 14 years old, has custody of him. At the time of his birth, Father

was still in high school and not mature or stable enough to raise him. They have a good

relationship and spend time together. Father’s third child is being raised by the child’s

mother and Father sees him when she feels it is appropriate. K.S. explained that the

mother is doing a good job parenting and Father respects her judgment. She stated that

Father has a good relationship with the mothers of his other children.

3. Scheduling

{¶ 14} At the close of the testimony for the day, the parties discussed dates to

conclude the hearing. Mother objected to later dates because she “put in an expedited

position” for the case. The court set the hearing’s continuation for October 22. On

September 26, 2025, Father’s counsel moved to continue the trial due to a conflict. On

October 8, 2025, the court, sua sponte, set the matter for October 21, noting that the rules

required the case be concluded by the end of October. On October 17, Mother moved to

continue the date stating that she hired an attorney after looking for “the past few

months,” that she needed time to consult with the attorney, and that the attorney was not

available on the scheduled date. Mother also emailed the court stating that her attorney

would be available on either October 27 or 28. The court denied both motions, again

noting that the Supreme Court of Ohio guidelines dictated that the matter needed to be

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resolved. The court further observed that Mother’s attorney had not filed an appearance

in the matter and that the case had been pending for seven months.

4. Father’s case part 2

{¶ 15} On October 21, the hearing reconvened and Father testified regarding the

ten incidents forming the basis of his show cause motion. Most involved Mother’s

refusal to give N.R. to Father on his parenting days. Father also claimed that Mother

refused to allow him access to important documents relating to N.R.

{¶ 16} Father testified that he is currently employed as a line cook at a restaurant.

He worked full-time but scaled back his hours while attending community college in

computer information systems. He believes that he should have full custody of N.R.

because he has a better support system, and will provide him with “love, care, more than

hate and anger.”

{¶ 17} He testified that he has three children; his oldest is 15 and the two younger

are 6. He sees his eldest on an every-other-week and weekend basis but because of his

involvement in various activities, it has decreased. He sees the other son when mother

allows it. All the boys have gotten along well. Father testified that he lives in the family

home with his mother, stepfather, and two siblings and that N.R. has his own room with

his own bed, closet and dressers.

{¶ 18} Father stated that he has no mental or physical issues that would impede his

ability to care for N.R. Father felt that between he and Mother, he would be more likely

to honor court-ordered parenting time and would facilitate contacts with Mother. He also

had concerns with Mother not having N.R. complete several packets of preschool work,

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especially during his last year. Father admitted that N.R. missed a few preschool days

while under his care due to either illness or the weather.

{¶ 19} Father testified that he and N.R. have an “inseparable bond” and that he

gets sad when it is time for him to go. N.R.’s paternal grandmother and Father’s

stepfather are very loving towards him and are very willing to help. While in Father’s

care, maternal grandmother sees N.R. as often as she is able; she is not able to see him

when he is with Mother.

{¶ 20} Mother has displayed anger and violence towards Father and her other

children in front of N.R. Father testified regarding numerous text messages where

Mother used a lot of profanity and degrading and demeaning language towards Father.

He could not explain the source of Mother’s anger. The text messages, which included

dates during the proceedings, were admitted into evidence.

{¶ 21} Father stated that if he received legal custody of N.R. he would continue

with his IEP and medical appointments and let Mother know about any appointments.

Father feels that it is in N.R.’s best interest to award him legal custody and would support

every other weekend parenting time for Mother; he acknowledged that the court’s

standard order includes Wednesdays.

{¶ 22} Mother cross-examined Father regarding the incidents forming the bases of

his show cause motion. The court ultimately prohibited any questioning specifically

relating to the shared parenting agreement noting that neither party followed the

agreement and that the court would, in fact, be terminating it.

7.

{¶ 23} Father admitted that he did not attend N.R.’s kindergarten screening or

open house because he had to work. He agreed that he had not personally attended an

IEP meeting but did provide input by phone. Father admitted to taking N.R. to less than

five bi-monthly speech therapy appointments over two years. Father has never taken

N.R. to the dentist claiming that Mother did not inform him of the appointments. Father

stated that N.R. is with one of his grandmothers when he is working or in school. He

admitted to smoking marijuana but denied being around his children while high.

{¶ 24} In December 2024, Mother began working first shift and Father agreed to

help get N.R. to preschool. Mother questioned Father regarding six days N.R. missed.

Father could not recall the specific issue with each date.

5. The magistrate’s and the court’s decision

{¶ 25} In the magistrate’s November 24, 2025 decision, the magistrate observed

that the parties repeatedly failed to follow the shared parenting agreement and that it was

“difficult for the Court to ascertain whose days are whose as the parties often changed

dates, times, and pickup locations[.]” Because both parties violated the shared parenting

agreement, their motions to show cause were denied.

{¶ 26} The magistrate noted the parties agreement that the shared parenting plan

should be terminated. Observing that the parties continuously failed to follow the

agreement, could not communicate civilly, and live approximately 30 minutes apart, the

magistrate also agreed that it was in N.R.’s best interest to terminate the shared parenting

plan. In determining a modified allocation of parental rights with respect to N.R., the

magistrate applied the best interest factors under R.C. 3109.04(F)(1). The magistrate

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concluded that both parents desire custody of N.R. and that N.R. is bonded with Father

and his family and maternal grandmother through Father. Mother presented little

evidence regarding her bond with N.R., though she did indicate her love for the child.

The parents have no physical limitations but evidence was presented that Mother has

anger issues which may evidence mental health concerns. Finally, Mother frequently

changed shared parenting dates, times, drop off and pick up locations which she averred

were for Father’s benefit; he disputed this claiming that the changes often either

shortened or denied his visitation. After considering the statutory factors, the magistrate

concluded that it was in N.R.’s best interest for Father to be designated sole custodial

parent and residential parent for school purposes.

{¶ 27} On December 10, after independent review, the juvenile court adopted the

magistrate’s decision. Mother’s counsel filed a notice of appearance on December 11,

2025, and a request to object to the magistrate’s decision outside the 14-day time limit,

claiming that Mother received the November 24 magistrate’s decision in the U.S. Mail on

December 10. The court summarily denied the motion.

{¶ 28} This appeal followed

II. Assignments of Error

{¶ 29} Mother raises the following three assignments of error:

I. The trial court abused its discretion in determining the best interest

of the minor child as it was not supported by competent evidence.

II. The trial court abused its discretion when it denied Mother’s

request for a continuance.

9.

III. The trial court erred when it failed to allow Mother to call

witnesses to rebut Father’s witnesses’ testimony.

III. Analysis

A. Legal Custody and Best Interest

{¶ 30} A legal custody determination is generally reviewed for an abuse of

discretion. Blausey v. Blausey, 2019-Ohio-4506, ¶ 13 (6th Dist.), citing Miller v. Miller,

37 Ohio St.3d 71, 74 (1988). Where, however, a party fails to comply with the

requirements of Juv.R. 40(D)(3)(b), which provides for the timely filing of objections to a

magistrate’s decision, all but plain error is waived on appeal. Juv.R. 40(D)(3)(b)(iv). In

re G.H., 2024-Ohio-4943, ¶ 19-20 (6th Dist.). Addressing plain error on appeal, a court

may only reverse in “exceptional circumstances where error, to which no

objection was made at the trial court, seriously affects the basic fairness,

integrity, or public reputation of the judicial process * * *.” In re Alyssa C.,

153 Ohio App.3d 10, 2003-Ohio-2673, 790 N.E.2d 803, ¶ 35 (6th Dist.),

quoting Goldfuss [v. Davidson, 79 Ohio St.3d 116] at 122-123, 679 N.E.2d

1099. Thus, even if “we see significant difficulties in the evidence

supporting many of the magistrate’s findings and conclusions,” such

difficulties do not automatically rise to the level of plain error. In re Alyssa

C. at ¶ 36. To demonstrate plain error, appellant must identify “(1) a

deviation from a legal rule, (2) that the error was obvious, and (3) that the

error affected the basic fairness, integrity, or public reputation of the

judicial process and therefore challenged the legitimacy of the underlying

judicial process.” State v. Morgan, 153 Ohio St.3d 196, 2017-Ohio-7565,

103 N.E.3d 784, ¶ 41, citing Goldfuss at 121, 679 N.E.2d 1099.

In re C.G., 2023-Ohio-4239, ¶ 42 (6th Dist.)

{¶ 31} Because Mother neither timely filed objections to the magistrate’s decision

nor raises error relating to the juvenile court’s denial of her motion for leave, our review

is limited to plain error.

10.

{¶ 32} R.C.3109.04(E)(2)(c) provides that “[t]he court may terminate a prior final

shared parenting decree that includes a shared parenting plan approved under division

(D)(1)(a)(i) of this section upon the request of one or both of the parents or whenever it

determines that shared parenting is not in the best interest of the children.” Under R.C.

3109.04(E)(2)(d), once the juvenile court terminates the shared parenting decree “the

court shall proceed and issue a modified decree for the allocation of parental rights and

responsibilities for the care of the children under the standards applicable under divisions

(A), (B), and (C) of this section as if no decree for shared parenting had been granted and

as if no request for shared parenting ever had been made.”

{¶ 33} In allocating the parental rights and responsibilities for the care of a child

“in an original proceeding or in any proceeding for modification of a prior order of the

court making the allocation, the court shall take into account that which would be in the

best interest of the children.” R.C. 3109.04(B)(1).

{¶ 34} In determining the best interest of a child under R.C. 3109.04(F)(1),

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;

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(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;

(g) Whether either parent has failed to make all child support payments,

including all arrearages, that are required of that parent pursuant to a child

support order under which that parent is an obligor;

(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;

(i) Whether the residential parent or one of the parents subject to a shared

parenting decree has continuously and willfully denied the other parent’s

right to parenting time in accordance with an order of the court;

(j) Whether either parent has established a residence, or is planning to

establish a residence, outside this state[.]

{¶ 35} Mother contends that the court failed to consider all the relevant testimony

in making findings under R.C. 3109.04(F)(1)(c), focusing only on Mother’s “flaws”

while disregarding Father’s issues, that the court made unsupported assertions about

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Mother’s mental health while ignoring testimony about Father’s, R.C. 3109.04(F)(1)(e),

and that the court failed to consider all the testimony when considering the parent most

likely to facilitate parenting time, R.C. 3109.04(F)(1)(f).

{¶ 36} Upon careful review of the testimony presented at the hearing and the

magistrate’s decision, this is not an exceptional circumstance impacting the fundamental

fairness of the judicial process. While acknowledging that both parties failed to follow

the shared parenting plan, the magistrate noted Mother’s anger issues and her pattern of

changing days, times, and pickup and drop-off locations. These findings were derived

from the testimony presented at the hearing and, as such, the magistrate’s and the juvenile

court’s decision that it was in N.R.’s best interest to name Father as his custodial and

residential parent does not amount to plain error. Mother’s first assignment of error is not

well-taken.

B. Continuance to Retain Counsel

{¶ 37} Mother’s second assignment of error asserts that the juvenile court erred by

denying her request for a continuance to secure counsel while her third assignment of

error claims that the court denied her request to call rebuttal witnesses.

{¶ 38} Notably, Mother did not request to call rebuttal witnesses. Toward the end

of the hearing the following exchange took place:

THE COURT: Ma’am I have addressed your request for a continuance.

You – this matter – you filed this matter in February.

[MOTHER]: Yes.

THE COURT: And it didn’t go to trial until September. The Court gave

you ample opportunity to secure counsel.

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[MOTHER]: And I would like counsel to rebuttal against the witnesses and

the testimonies is why I seeked [sic] counsel.

On review, this exchange is properly characterized as further argument relating to her

request for a continuance to retain counsel and it will be addressed accordingly.

{¶ 39} A juvenile court’s decision to grant or deny a continuance is reviewed for

an abuse of discretion. In re A.P., 2018-Ohio-3818, ¶ 18 (6th Dist.), citing In re Edward

M., 2005-Ohio-3354, ¶ 21 (6th Dist.), citing State v. Unger, 67 Ohio St.2d 65, 67 (1981).

An abuse of discretion connotes that the trial court’s decision was unreasonable,

arbitrary, or unconscionable. In re R.H., 2025-Ohio-1377, ¶ 69 (6th Dist.), citing

Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983).

{¶ 40} Former Juv.R. 23 provided that “[c]ontinuances shall be granted only when

imperative to secure the fair treatment for the parties.”1 This court has previously upheld

the denial of a continuance where “‘the reason for the request’ was ‘in the hands of the

party requesting a continuance.’” T.S. v. A.T., 2020-Ohio-6871, ¶ 27 (6th Dist.), quoting

T.M. v. J.H., 2011-Ohio-283, ¶ 91 (6th Dist.).

{¶ 41} In T.S., appellant sought a 30-day continuance to secure counsel four days

prior to a custody hearing. The magistrate denied the motion finding that the matter had

been pending for over a year and that appellant had been previously represented by

counsel. Id. at ¶ 5. On the date of trial, appellant asked her current attorney to withdraw

1

Effective July 1, 2026, the rule has been revised and renumbered as Juv.R. 18(B)(3). 14.

as counsel of record and the court granted counsel leave to withdraw. Id. at ¶ 6.

Appellant then proceeded pro se, without renewing her request for a continuance. Id.

{¶ 42} On appeal, the court determined that appellant’s discharge of her attorney

at the start of trial caused her need for a continuance and that and her subsequent choice

to represent herself, which included calling witnesses “and conducting herself at all times

as a party wishing to proceed to trial,” demonstrated that the court did not “force” her to

represent herself at trial. Id. at ¶ 24, 28.

{¶ 43} T.M v. J.H., similarly found that where appellant’s attorney withdrew to act

as a fact witness, the court did not abuse its discretion in denying a continuance where the

hearing was longstanding and rescheduling “would have involved the coordination of the

parties, the court, the guardian ad litem and many attorneys.” Id. at ¶ 91. The court

observed “that since the reason for the request for a continuance was the withdrawal of

co-counsel to provide witness testimony, the preparation and timing of the request with

respect to new counsel was in the hands of the party requesting a continuance.” Id.

{¶ 44} Here, the matter commenced in early February 2025. At no time up to and

including the end of the first day of trial in September did Mother express the desire to

retain counsel. In fact, Mother expressed frustration with waiting until October 22 to

conclude the hearing in the proceeding she termed “expedited.” After the court moved the

hearing date up by one day, Mother stated that she needed a continuance until October 27

or 28 in order for her counsel to be present. At that time, counsel had not appeared in the

case.

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{¶ 45} Because the case had been pending for several months, the court scheduled

the hearing’s conclusion nearly a month out, and the fact that Mother’s attorney did not

appear in the matter until after the court’s final judgment, the juvenile court did not abuse

its discretion in denying Mother’s motion to continue. Mother’s second and third

assignments of error are not well-taken.

IV. Conclusion

{¶ 46} Upon due consideration, the judgment of the Ottawa County Court of

Common Pleas, Juvenile Division, is affirmed. Mother is ordered to pay the costs of this

appeal pursuant to App.R. 24.

Judgment affirmed.

A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See also 6th Dist.Loc.App.R. 4.

Thomas J. Osowik, P.J.

JUDGE

Myron C. Duhart, J.

JUDGE

Charles E. Sulek, J.

CONCUR. JUDGE

This decision is subject to further editing by the Supreme Court of

Ohio’s Reporter of Decisions. Parties interested in viewing the final reported

version are advised to visit the Ohio Supreme Court’s web site at:

http://www.supremecourt.ohio.gov/ROD/docs/.

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