Ruby v. Ruby, Unpublished Decision (8-11-1999)
Ruby v. Ruby, Unpublished Decision (8-11-1999)
Opinion of the Court
OPINION
Appellant Debra D. Ruby appeals a judgment of the Coshocton County Common Pleas Court divorcing the parties, and naming each party residential parent of one of the minor children:THE TRIAL COURT IN VIOLATION OF THE IMPLIED PROHIBITION OF O.R.C.
3109.04 (B) (1) (a) (b) AND (c), ABUSED ITS DISCRETION BY PERMITTING BOTH MINOR CHILDREN TO TESTIFY AT THE TEMPORARY RESIDENTIAL HEARING AND THE MINOR DAUGHTER TO TESTIFY AT THE DIVORCE TRIAL.
SECOND ASSIGNMENT OF ERROR:
THE TRIAL COURT ABUSED ITS DISCRETION BY ORDERING SPLIT RESIDENTIAL PARENTING OF THE MINOR CHILDREN WITHOUT PUTTING FORTH ANY STATUTORY RELEVANT FACTORS, OR ANY OTHER RELEVANT FACTORS, OF O.R.C.
3109.04 (F)(1) TO SUPPORT THE "BEST INTEREST" TEST OF THE CHILDREN. THE COURT'S STATEMENT STANDING ALONE THAT SPLIT PARENTING OF THE MINOR CHILDREN "BEING IN THE BEST INTEREST OF SAID MINOR CHILDREN" IS INSUFFICIENT.
THIRD ASSIGNMENT OF ERROR:
THE TRIAL COURT ERRED IN THAT THE MANIFEST WEIGHT OF THE EVIDENCE DOES NOT SUPPORT AN AWARD OF SPLIT RESIDENTIAL PARENTING OF THE TWO CHILDREN.
FOURTH ASSIGNMENT OF ERROR:
THE TRIAL COURT ERRED IN GRANTING THE FATHER/APPELLEE THE FEDERAL INCOME TAX EXEMPTION WITHOUT MAKING A DETERMINATION OF THE NET SAVING TO THE PARTIES.
The parties were married on December 7, 1985, at the time of the marriage, appellant had a minor daughter, Kendra, whom appellee Darren Ruby later adopted. The parties had a son, Tarren, born in 1986. On July 8, 1997, appellee informed appellant that he no longer wanted to be married to her. Three days later, appellee filed a complaint for divorce, seeking residential parenting of the son. Appellant filed a complaint several hours later, also seeking a divorce, and requesting residential parenting of both children. At the temporary parenting hearing, the magistrate named appellee the temporary residential parent of the son, and appellant the temporary residential parent of the daughter. The case proceeded to a final divorce hearing. The magistrate issued a decision recommending that the daughter remain with appellant, and the son with appellee. The court divided marital property and debts. The court further awarded each party the income tax exemption for the child in his or her custody. Objections to the magistrate's decision were filed by appellant. After considering the objections to the magistrate's report, the court amended the decision only as to the grounds for divorce.
The fourth assignment of error is overruled. The judgment of the Coshocton County Common Pleas Court is affirmed.
By Gwin, P.J., Hoffman, J., and Farmer, J., concur
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