[Cite as V.K. v. K.K., 2022-Ohio-1661.] COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA V.K., : Plaintiff-Appellant, : No. 109801 v. : K.K., : Defendant-Appellee. : JOURNAL ENTRY AND OPINION JUDGMENT: AFFIRMED RELEASED AND JOURNALIZED: May 19, 2022 Civil Appeal from the Cuyahoga County Court of Common Pleas Domestic Relations Division Case No. DR-19-375339 Appearances: Jonathan A. Rich and Christopher R. Reynolds, for appellant. EMANUELLA D. GROVES, J.: Plaintiff-appellant V.K. (“Father”) appeals from the judgment of the Cuyahoga County Common Pleas Court, Domestic Relations Division, dismissing Father’s complaint for custody of his and defendant-appellee K.K.’s (“Mother”) minor child, A.K., for lack of subject-matter jurisdiction. For the reasons set forth below, we affirm. I. Factual and Procedural History In April 2011, Father moved from India to Lakewood, Ohio on an H- 1B visa and began working as an IT consultant. Four years later, on November 14, 2015, Father and Mother (“the parties”) were married in India. The parties agreed that they would live together in the United States. Mother obtained a visa that was contingent on Father’s visa and moved into a condominium that Father had been renting in Lakewood. In August 2016, Mother, a dentist in India, enrolled at Cleveland State University, beginning a Ph.D. program in biology and teaching classes for a stipend as part of that program. In February 2017, the parties purchased a condominium in the same building where they had been renting. On October 24, 2017, the parties’ child, A.K., was born in Ohio and is a United States citizen. A.K. was born with clubfeet, which required corrective casting for the first few months of his life and braces thereafter. Two months prior to A.K.’s birth, Mother’s mother (“Maternal Grandmother”) moved in with the parties to help Mother during her pregnancy and remained with the parties another four months after A.K.’s birth to help Mother care for A.K. After A.K.’s birth, Father’s parents (“Paternal Grandparents”) visited the parties for 15 days, during which the parties agreed to attend a wedding for Father’s sister on March 7, 2018, in India. Mother’s parents (“Maternal Grandparents”) were invited to attend the wedding. In late February 2018, the parties, A.K., and Maternal Grandmother traveled together to India. Father had purchased round trip tickets for the parties and A.K. and a one-way ticket for Maternal Grandmother. They departed Cleveland on February 21, 2018, and arrived in Delhi the following day. The parties and A.K. were scheduled to return to Cleveland on March 18, 2018. Because A.K. is an American citizen, Father also obtained a two-month visitor’s visa for A.K. to travel to India. The parties disagree about what happened when they arrived at the Delhi airport. Father alleged that Mother’s father (“Maternal Grandfather”) had planned to pick up Mother, A.K., and Maternal Grandmother at the Delhi airport and take them to stay at their family home in Karnal, and that Father would travel by bus to his family home in Kapurthala, located between six and seven hours by …
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