Southern v. Scheu

[Cite as Southern v. Scheu, 2018-Ohio-1440.] IN THE COURT OF APPEALS OF OHIO THIRD APPELLATE DISTRICT SHELBY COUNTY SHANICE M. SOUTHERN, CASE NO. 17-17-16 PLAINTIFF-APPELLANT, v. SCOTT R. SCHEU, OPINION DEFENDANT-APPELLEE. Appeal from Shelby County Common Pleas Court Trial Court No. 2009SUP0016 Judgment Affirmed Date of Decision: April 16, 2018 APPEARANCES: Randy S. Kurek for Appellant William R. Zimmerman, Jr. for Appellee Case No. 17-17-16 WILLAMOWSKI, P.J. {¶1} Plaintiff-appellant Shanice M. Southern (“Southern”) appeals the judgment of the Juvenile Division of the Shelby County Court of Common Pleas for (1) issuing an emergency ex parte temporary order of custody; (2) denying Southern’s motion to transfer; and (3) granting the defendant-appellee, Scott R. Scheu (“Scheu”), custody of their minor child (“A.S.”). For the reasons set forth below, the judgment of the trial court is affirmed. Facts and Procedural History {¶2} Southern and Scheu are the parents of A.S. Doc. 1. On February 3, 2010, the Juvenile Division of the Shelby County Court of Common Pleas issued an agreed entry governing the parental rights and responsibilities of Southern and Scheu. Doc. 21. On March 9, 2017, Scheu filed a petition for reallocation of parental rights and a motion for an emergency ex parte temporary order of custody. Doc. 23, 34. Accompanying the motion for a temporary order was an affidavit signed by Scheu that alleged A.S. was not safe in Southern’s home due to the presence of Southern’s live-in boyfriend, Abdul Kargbo (“Kargbo”). Doc. 33. Scheu’s parents and sister also signed affidavits that alleged A.S. was not safe in Southern’s custody. Doc. 33, 36. The trial court granted an ex parte temporary order of custody on March 10, 2017. Doc. 42. {¶3} On March 21, 2017, Southern submitted a motion that requested this matter be transferred to Franklin County since the events alleged in the affidavits -2- Case No. 17-17-16 submitted by Scheu occurred in Franklin County. Doc. 23. Southern’s motion also argued for a venue transfer by alleging that Southern, Scheu, and A.S. lived in Franklin County. Doc. 23. Scheu opposed transfer on the grounds that he had, in fact, taken up residence in Shelby County. Doc. 74. On July 12, 2017, the trial court denied Southern’s motion to transfer. Doc. 77. {¶4} On July 31, 2017, the trial court held a hearing on the motion to modify the allocation of parental rights. Tr. 5. At this hearing, Southern, Scheu, both of Scheu’s parents, and the guardian ad litem—Stephen King (“King”)—testified. Tr. 7, 28, 34, 40, 57. King testified that he had interviewed A.S., both of her parents, both of Scheu’s parents, and Kargbo. Tr. 7, 8, 12. King testified that A.S. told him in an interview that Kargbo was a “bad person”; that Kargbo “beats her” if she says the word “Africa”; that Kargbo has punched her; and that Kargbo steals from people. Tr. 10. In her interview with King, A.S. also said that Kargbo had punched her, causing her to bleed. Ex. A. A.S. reported that she bled through ...

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