Lyle v. Kersey, Unpublished Decision (6-30-2000)
Lyle v. Kersey, Unpublished Decision (6-30-2000)
Opinion of the Court
The parties are the parents of Joseph Lyle, who was born on August 21, 1991. After Joseph's birth, Lyle filed a complaint to establish the father-child relationship between Kersey and Joseph. The trial court found that Kersey was Joseph's biological father. The trial court also named Lyle as the residential parent and legal custodian of the child and established Kersey's visitation rights.
On February 5, 1999, Kersey moved the trial court to modify the parental rights and responsibilities of the parties and name him as Joseph's residential parent and custodian. After conducting a hearing on Kersey's motion, the trial court awarded custody of Joseph to Kersey. From this decision of the trial court, Lyle appeals raising three assignments of error.
Assignment of Error No. 1:
THE TRIAL COURT ERRED IN MODIFYING PARENTAL RIGHTS AND RESPONSIBILITIES WITHOUT A FINDING OF A CHANGE IN CIRCUMSTANCES.
Assignment of Error No. 2:
THE TRIAL COURT ABUSED ITS DISCRETION BY FINDING THAT A MODIFICATION OF PARENTAL RIGHTS AND RESPONSIBILITIES WAS IN THE BEST INTEREST OF THE MINOR CHILD.
Assignment of Error No. 3:
THE TRIAL COURT ABUSED ITS DISCRETION BY FINDING THAT THE HARM LIKELY TO BE CAUSED BY A CHANGE IN ENVIRONMENT IS OUTWEIGHED BY THE ADVANTAGES OF THE CHANGES OF ENVIRONMENT OF THE CHILD.
In her assignments of error, Lyle challenges the decision of the trial court granting custody of Joseph to Kersey. Lyle basically maintains that the trial court abused its discretion because there was no competent credible evidence to support its decision. For purposes of clarity, Lyle's assignments of error will be addressed together.
The trial court has broad discretion in child custody matters and its judgment will not be reversed absent an abuse of discretion. Davis v. Flickinger (1997),
In reviewing a custody determination, an appellate court must "review the record to determine whether there is any evidence in support of the prevailing party." Ross v. Ross (1980),
R.C.
The court shall not modify a prior decree allocating parental rights and responsibilities for the care of children unless it finds, based on facts that have arisen since the prior decree or that were unknown to the court at the time of the prior decree, that a change has occurred in the circumstances of the child, his residential parent, or either of the parents subject to a shared parenting decree, and that the modification is necessary to serve the best interest of the child. In applying these standards, the court shall retain the residential parent designated by the prior decree or the prior shared parenting decree, unless a modification is in the best interest of the child and one of the following applies:
(i) The residential parent agrees to a change in the residential parent or both parents under a shared parenting decree agree to a change in the designation of residential parent.
(ii) The child, with the consent of the residential parent or of both parents under a shared parenting decree, has been integrated into the family of the person seeking to become the residential parent.
(iii) The harm likely to be caused by a change of environment is outweighed by the advantages of the change of environment to the child.
The initial determination to be made by the trial court is whether there has been a change of circumstances of the child or the residential parent since the prior court order.Flickinger, 415 Ohio St.3d at paragraph one of the syllabus;Wyss v. Wyss (1982),
In this case, the trial court did not specifically state that there had been a "change of circumstances." Yet, the trial court made several specific findings, amply supported by the record, indicating that there had been a change of circumstances with regard to Joseph and Lyle. For example, the trial court found that Lyle has moved at least eight times since 1998 and has never resided one year in a single place. During the course of those moves, the trial court noted that Joseph lived in a camper, apartments, and houses, including one with roaches. Joseph has lived with his maternal grandparents, his mother alone, his mother and her boyfriend, whom she later married, and with his mother and her female lover and her child. The findings by the trial court highlight the rapidly changing and unstable environment provided by Lyle.
Where, in a case such as this, the trial court makes sufficient factual findings that reflect a change of circumstances supporting its decision, we will not reverse the trial court for failure to use the exact words of the statute. Under R.C.
Although R.C.
The trial court carefully considered the best interest factors enumerated in R.C.
Finally, in compliance with R.C.
Lyle disagrees with most of the trial court's findings, even to the point of indicating that she actually has lived in eleven different residences instead of eight. In her arguments, Lyle is essentially asking this court to weigh the same evidence presented to the trial court and find that the trial court's findings and decision are against the weight of the evidence.
The appellate court's only role when reviewing a custody determination is to ascertain from the record whether there is some competent evidence to sustain the findings of the trial court. Ross v. Ross (1980),
After reviewing the record in light of the factors listed in R.C.
Lyle's first, second and third assignments of error are overruled.
_____________________ POWELL, P.J.
WALSH and VALEN, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.