All manner of Ohio civil and criminal cases are taken to court and the opposing parties are to abide by the final decision of the trial court. However, should one or both parties disagree with the judge’s decision, an appeal can be made to a higher court. In one particular child custody battle between two parents in another state, that has happened twice. The original judge in the case has twice ruled that the parents should share child custody, but the father and the appellate court disagree.
A county circuit judge heard the original argument by the former couple and ruled that they should share custody of their two children. That decision was appealed nearly a year ago, and after reviewing all the evidence, the appellate court reversed the initial ruling and ordered the circuit judge to choose which parent should have physical custody of the children and which parent should pay child support. The appellate court based its ruling on the evidentiary fact that the animosity between the two parents is so great and there is no chance of amiable collaboration needed to coordinate an acceptable schedule; as such, the trial court’s plan would not serve the best interests of the children.
Two months later, the circuit judge not only issued the same ruling, but she ordered the parents to find time each day to get in touch with each other. She believed the equal time spend with both parents was beneficial to the children. The father appealed once again, resulting in the appellate court instructing the circuit judge a second time with its original directive.
When a child custody case is filled with intense contention between the parents, it is difficult for everyone, especially the children. It takes a skilled professional to build a compelling argument for presentation to the court on behalf of his or her client. An Ohio family law attorney will make suggestions for practical terms that will be acceptable to the client and the court.
Source: nwaonline.com, “Contentious Fayetteville custody case remanded for a second time“, Ron Wood, Feb. 1, 2018