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Huelskamp v. Huelskamp

Court of Appeals of Ohio
925 N.E.2d 167 (Ohio Ct. App. 2009)


Facts

Timothy Huelskamp (defendant) and Amy Huelskamp (plaintiff) were married and had two children. Amy was the children’s primary caretaker for most of the children’s lives. Amy and Timothy’s relationship was very unsettled, and they argued often in front of the children. Amy filed for divorce in the Auglaize County Court of Common Pleas, Domestic Relations Division. Initially, Amy and Timothy each filed a shared-parenting plan, and the guardian ad litem recommended shared parenting. However, given Amy and Timothy’s acrimonious relationship, the guardian ad litem recommended that any exchanges of the children under the shared-parenting plan be done in public places. At trial, Amy sought full legal custody of the children. The trial court held that cooperation under any shared-parenting plan would not be feasible, and thus that type of plan was not in the best interests of the children. The trial court granted Amy custody of the children and granted Timothy visitation rights. Timothy appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Williamowski, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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