Ohio Rev. Code Ann. § 3109.04

Section 3109.04(F)(1) permits a court deciding a child’s best interest to consider relevant factors beyond those listed, including a parent’s maturity and stability.

In Re E.F.S., Unpublished Decision (2-6-2006) · filed 2006-02-06(F)(1)

However, a trial court is not limited to the factors listed In R.C. 3109.04 (F) in determining custody issues, but may consider any "relevant factors." Id. The maturity and stability of one parent is a proper and relevant factor for a trial court to consider.

Section 3109.04(F)(1) requires the court to consider its listed factors when determining a child’s best interests and permits consideration of additional factors.

Wygant v. Wygant, Unpublished Decision (4-3-2006) · filed 2006-04-03(F)(1)

In order to determine the child's best interests, the trial court is required to consider the factors outlined in R.C. 3109.04 (F)(1), but may consider additional factors as well.

Absent contrary evidence, a trial court is presumed to have considered all relevant best-interest factors under § 3109.04(F)(1).

Davis v. Moran, Unpublished Decision (6-5-2006) · filed 2006-06-05(F)(1)

Absent evidence to the contrary, an appellate court will presume the trial court considered all of the relevant "best interest" factors listed in R.C. 3109.04 (F)(1).

Section 3109.04(F)(1) requires the court to consider its listed best-interest factors when allocating parental rights, while allowing consideration of additional factors.

Oplinger v. Oplinger, Unpublished Decision (6-5-2006) · filed 2006-06-05(F)(1)

In order to determine the child's best interests, the trial court is required to consider the factors outlined in R.C. 3109.04 (F)(1), but may consider additional factors as well.

Section 3109.04 custody factors are satisfied when the record shows that the trial court considered each factor.

Braden v. Braden, Unpublished Decision (12-22-2006) · filed 2006-12-22(F)(1)

Therefore, upon review of the entire record, specifically the reports incorporated into the trial court's order, it is clear that although the trial court did not specifically enumerate the laundry list of factors contained within R.C. 3109.051 , each factor was properly considered as was each factor contained within R.C. 3109.04 .

Section 3109.04(F)(1) requires a court allocating parental rights to consider the relevant best-interest factors, and its findings must be supported by competent, credible evidence.

Mathewson v. Mathewson, Unpublished Decision (2-9-2007) · filed 2007-02-09(F)(1)

The trial court considered all of the factors in R.C. 3109.04 (F)(1), and the findings the court made are supported by competent, credible evidence in the record.

Section 3109.04(F)(1) requires courts determining a child’s best interest to consider all relevant factors, including its nonexclusive list of ten factors.

Inbody v. Swartz, Unpublished Decision (3-12-2007) · filed 2007-03-12(F)(1)

In considering the best interest of a child, the court is mandated "to consider all relevant factors," including a non-exclusive list of ten specified factors.

Section 3109.04(F)(1) requires a custody court to consider relevant best-interest factors, but the court need not address every listed factor.

Dexter v. Dexter, 2006-P-0051 (5-25-2007) · filed 2007-05-25(F)(1)

Contrary to appellant's position, a trial court need not address every factor, only those relevant factors that affect the best interest of the child.

Section 3109.04(F)(1) requires consideration of the best interest factors, but the judgment entry need not analyze each factor individually if competent, credible evidence supports it.

Eggleston v. Eggleston, 2006-T-0023 (6-1-2007) · filed 2007-06-01(F)(1)

We note that a trial court is required to consider the statutory factors, however, it is not necessary for the trial court to set forth its analysis as to each factor in its judgment entry so long as it is supported by some competent, credible evidence.

Under § 3109.04(F)(1)(f), a parent’s failure to comply with court orders may bear on whether that parent will honor future visitation orders.

Maine v. Jones, 06 Ma 191 (9-21-2007) · filed 2007-09-21(F)(1)(f)

The mother's conduct of failing to comply with court orders can be considered as evidence of how she will comply with future court orders including visitation. This is a legislatively-approved consideration.

Section 3109.04(F)(1) requires consideration of all relevant best-interest factors in allocating custody; findings can show that consideration even without an express statutory citation.

Abbott v. Abbott, Unpublished Decision (9-28-2007) · filed 2007-09-28(F)(1)

Although the court did not specifically refer to R.C. 3109.04 (F), the findings made indicate that it did consider those and all other relevant statutory factors in making the custody determination.

Section 3109.04(F)(1) requires the court to consider a nonexclusive list of relevant factors when determining a child’s best interest for allocation of parental rights and responsibilities.

Anderton v. Hatfield, 07ap-198 (12-31-2007) · filed 2007-12-31(F)(1)

R.C. 3109.04 (F)(1) provides a nonexclusive listing of relevant factors that the juvenile court shall consider in determining the best interest of a child for purposes of allocating parental rights and responsibilities for the care of the child.

Section 3109.04(F)(1) allows a court allocating parental rights to consider relevant best-interest factors beyond those listed in the statute.

Wigal v. Wigal, 06 Ca 70 (2-19-2008) · filed 2008-02-19(F)(1)

The list of R.C. 3109.04 (F) factors that trial courts may consider are nonexclusive.

When deciding a child’s best interest in allocating parental rights and responsibilities, a trial court must consider the factors listed in § 3109.04(F)(1).

In Re Lamont, 2007-G-2786 (4-18-2008) · filed 2008-04-18(F)(1)

When considering the best interest of the child, the trial court must consider the list of factors enumerated in R.C. 3109.04 (F)(1).

Section 3109.04(F)(1) gives the court discretion to determine which best-interest factors are relevant; a factor unsupported by testimony may be treated as irrelevant.

Hammond v. Harm, 23993 (5-14-2008) · filed 2008-05-14(F)(1)

In determining the best interest of a child under R.C. 3109.04 (F)(1), the court has discretion in determining which factors are relevant. If no testimony is presented regarding a certain factor, then the trial court can determine that the factor is not relevant to its determination.

Section 3109.04(F)(1) does not require a court to discuss every best-interest factor expressly when competent, credible evidence supports its decision.

Blakeman v. Blakeman, 07ca768 (6-11-2008) · filed 2008-06-11(F)(1)

Additionally, a trial court need not set out its analysis regarding every best interest factor if the court's judgment is supported by some competent, credible evidence.

Section 3109.04(F)(1) requires courts deciding custody to consider all relevant factors when determining the child's best interest.

Hamilton v. Hamilton, 22005 (7-25-2008) · filed 2008-07-25(F)(1)

R.C. 3109.04 (F)(1) provides that a court shall consider all relevant factors, including those outlined by this section, when determining the best interest of a child involved in a custody dispute.

Section 3109.04(F)(1) requires courts to consider its listed factors when allocating parental rights and responsibilities, including when modifying a prior order.

Daufel v. Daufel, 22584 (8-1-2008) · filed 2008-08-01(F)(1)

In so doing, the court is charged to consider the factors in R.C. 3109.04 (F)(1)(a)-(j). Those factors likewise apply to any modification of a prior decree or order.

Section 3109.04(F)(1) requires a court allocating parental rights to consider the relevant, nonexclusive factors bearing on the child’s best interest.

Najmi v. Najmi, 07ca009293 (9-2-2008) · filed 2008-09-02(F)(1)

To determine a child's best interest, the trial court must look to the non-exclusive factors outlined in R.C. 3109.04 (F)(1): ... Instead, the trial court considered all of the relevant statutory factors and issued a judgment entry that represents a compromise, as recommended by the person engaged to speak for N.N., to be in the best interest of N.N.

Section 3109.04(F)(1) requires a court allocating parental rights and responsibilities to consider the child’s best interests and the listed factors.

Schaefer v. Schaefer, 2007ca00283 (8-4-2008) · filed 2008-08-04(F)(1)

In allocating parental rights and responsibilities, the trial court must consider the best interest of the children. ... After reviewing the entire transcript in this matter as well as the record, we find the trial court's decision to designate husband as the residential parent and legal custodian of the girls was supported by competent credible evidence.

Section 3109.04(F)(1) requires courts deciding initial custody to consider all relevant factors bearing on the child's best interests.

Haynes v. Owens-Haynes, Ca2008-01-003 (9-29-2008) · filed 2008-09-29(F)(1)

In determining what is in the best interests of the child, the trial court must consider all relevant factors, including but not limited to, the factors specified in R.C. 3109.04 (F)(1).

Section 3109.04(F)(1)(h) makes a parent’s role in the abuse underlying a child’s adjudication relevant to the child’s best interests when allocating legal custody.

In Re B. G., 24187 (9-30-2008) · filed 2008-09-30(F)(1)(h)

It was also relevant to the best interest factor set forth in R.C. 3109.04 (F)(1)(h) that Mother was the perpetrator of the violent act that had led to B.G.'s adjudication as an abused and dependent child.

In an initial custody determination involving an unmarried mother, § 3109.04(B)(1) requires the court to base custody on the child’s best interests.

In Re Stose, 2008ca00049 (10-20-2008) · filed 2008-10-20(B)(1)

Under these circumstances, the trial court's custody determination need only be based on the best interests of the child according to R.C. 3109.04 (B)(1).

Section 3109.04(F)(1) requires a court allocating parental rights and responsibilities to consider all relevant factors bearing on the child’s best interest, including each parent’s willingness to facilitate parenting time.

Lawson v. Lawson, 08-Ca-37 (1-13-2009) · filed 2009-01-13(F)(1)

When determining whether the trial court properly allocated parental rights and responsibilities, the main concern is the best interest of the child. Ohio Revised Code 3109.04 (F)(1) sets forth the factors a trial court must consider when determining the best interests of the child.

Section 3109.04(F)(1)(a) requires a court assessing a child's best interests in a shared parenting modification to consider the parents' wishes.

Herdman v. Herdman, 9-08-32 (1-26-2009) · filed 2009-01-26(F)(1)(a)

The problematic factor was R.C. 3109.04 (F)(1)(a), which requires the court to consider the parents' wishes. The trial court had multiple written and oral proposals for the modification of the shared parenting plan. The trial court determined that Brent's proposed schedule for weekly parenting time would be in the children's best interests, and while the resolution was not the same resolution advocated by Deborah, Jordan, or the family services coordinator, there is some competent and credible evidence in the record to support the court's determination.

Section 3109.04(F)(1) requires consideration of the child’s best-interest factors; a custody judgment that identifies a factual basis can show that the court considered them.

In Matter of Fair, 2007-L-166 (2-13-2009) · filed 2009-02-13(F)(1)

In the present case, the juvenile court did indicate some factual basis for its judgment, noting Ready's past problems with drugs and more recent theft convictions. Accordingly, there are no grounds for holding that the court failed to properly consider the R.C. 3109.04 (F) factors.

Section 3109.04(F)(1) requires a court determining the child’s best interest to consider all relevant factors, including the listed factors.

Cross v. Cross, Ca2008-07-015 (3-23-2009) · filed 2009-03-23(F)(1)

A trial court must " consider all relevant factors, " including those set forth in R.C. 3109.04 (F)(1) when determining what parenting arrangement is in the child's best interest.

Section 3109.04 requires courts allocating parental rights and responsibilities to consider the child’s best interest, with the mental health of the parents and child among the factors.

Prakash v. Prakash · filed 2009-03-24(F)(1)(e)

R.C. 3109.04 requires it to consider the child’s best interest when determining the allocation of parental rights and responsibilities, and R.C. 3109.04(F)(1)(e) identifies the mental health of the parents and the child as a factor in making that determination.

Section 3109.04(F)(1) requires a court deciding a child’s best interest in a custody dispute to consider all relevant factors, including the factors listed in the section.

Pickel v. Ghouati, 23026 (4-3-2009) · filed 2009-04-03(F)(1)

R.C. 3109.04 (F)(1) provides that a court shall consider all relevant factors, including those outlined by this section, when determining the best interest of a child involved in a custody dispute.

In determining a child’s best interest when allocating parental rights and responsibilities, a court must consider the mental and physical health of all persons involved.

H.R. v. L.R. · filed 2009-04-07(F)(1)(e)

When determining the best interest of a child, a trial court must consider multiple factors, including “}t]he mental and physical health of all persons involved in the situation.” R.C. 3109.04(F)(1)(e).

Section 3109.04(F)(1)(c) makes the child's relationships with parents, siblings, and others a factor in deciding the child's best interest in a custody determination.

In Re A.H., 08 Ca 109 (4-8-2009) · filed 2009-04-08(F)(1)(c)

Among the applicable statutory factors the trial court considered in determining the A.H.'s best interest was "[t]he child's interaction and interrelationship with the child's parents, siblings, and any other person." R.C. § 3109.04 (F)(1)(c).

Earlier domestic violence incidents may be considered when determining a child’s best interests under § 3109.04(E)(1)(a), despite res judicata.

Thacker v. Thacker · filed 2010-11-22(E)(1)(a)

We agree with the foregoing, and find that evidence of prior domestic violence incidents was not barred by res judicata for purposes of determining the best interests of the children.

Section 3109.04(F)(1)(i) favors the parent more likely to honor and facilitate court-approved parenting time or visitation rights when allocating parental rights.

Ensell v. Ensell · filed 2010-11-26(F)(1)(i)

The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights is favored under the statute.

Section 3109.04(F)(1) requires a court making an initial custody determination to consider its non-exclusive list of best-interest factors.

In re C.M. · filed 2011-06-24(F)(1)

R.C. 3109.04(F)(1)(a) through (j) contains a non-exclusive list of best interest factors a trial court must consider when making an initial custody determination.

Section 3109.04(F)(1) requires the court to consider the best interest factors, but does not require it to address each factor expressly.

In re E.W. · filed 2012-01-30(F)(1)

However, the trial court is not required to address all the R.C. 3109.04(F)(1) factors—only consider them—which the trial court clearly did in this case.

In an initial custody allocation, the child’s best interest is the sole issue, evaluated under the nonexclusive factors in § 3109.04(F)(1), which the trial court must consider while retaining broad discretion.

Davis v. Davis · filed 2012-02-03(F)(1)

“The child's best interest is the sole issue, and it is evaluated using the non-exclusive list of factors set forth in R.C. 3109.04(F)(1).” ... Although a trial court is required to consider these factors, it retains broad discretion in making a best-interest determination.

Section 3109.04(B)(1) makes the child’s best interest the paramount consideration when allocating parental rights and responsibilities.

Rowan v. Kemery · filed 2011-05-12(B)(1)

In Ohio, parental rights and responsibilities are to be allocated based upon the paramount consideration of the best interest of the child.

Section 3109.04(F)(1)(i) makes a parent’s continuous and willful denial of the other parent’s parenting time relevant to the child’s best interest in a custody decision.

In re D.M. · filed 2011-08-08(F)(1)(i)

In addressing the best-interest factors under R.C. 3109.04, the juvenile court also noted the mother’s mental-health and substance-abuse history, the mother’s repeated unwillingness to cooperate with the father with regard to his relationship and parenting time with their son, the mother’s unwillingness to cooperate with the court’s orders, and the fact that the mother had denied the father parenting time. R.C. 3109.04(F)(1)(e), (f), and (i). Despite these findings, amply supported by the record, the juvenile court granted custody of D.M. to the mother. ... We find that it was arbitrary for the juvenile court to grant custody of D.M. to the mother, a parent (1) who has repeatedly denied the father his parenting time, (2) who was twice found in contempt by the juvenile court for denying the father’s parenting time on ten occasions in the span of a year (July 2009 to July 2010), (3) who is determined to interfere with the father’s parenting time as noted by the GAL in her second report, (4) who has in fact interfered with the father’s parenting time and whose interference has caused great distress to the child, as reported by the GAL in her second report, and (5) who, in the juvenile court’s own words, “has demonstrated repeatedly her unwillingness to not only cooperate with the father concerning his relationship and parenting time with the child, but her unwillingness to cooperate with this Court’s Orders.”

Section 3109.04(F)(1)(f) permits a court to consider a parent’s unwillingness to facilitate visitation when deciding the child’s best interest.

In re F.M.B. · filed 2011-09-30(F)(1)(f)

Further, Appellant’s other actions, as described above, demonstrate Appellant’s unwillingness to facilitate visitation, which the trial court properly considered under R.C. 3109.04(F)(1)(f).

When allocating parental rights and responsibilities, the judgment entry must give some indication that the court considered the children's best interests under § 3109.04(F), even without a request for findings of fact.

Wilk v. Wilk · filed 2011-10-13(F)

While we recognize that the trial court was not required to make express findings of fact without a Civ.R. 52 motion before it, we find that where, as here, the best interests of children are at issue, there should be some indication in the judgment entry that the trial court considered the best interests of the children pursuant to R.C. 3109.04(F) when it allocated parental rights and responsibilities.

Section 3109.04(F)(1) permits a court assessing a child's best interests to consider which parent has more time to spend with the child, especially when the parents' schedules were established during the marriage.

Lipp v. Lipp · filed 2011-11-02(F)(1)

As to the work schedules, the parent with more time to spend with the child is a permissible consideration for custody, especially where the parents’ schedules were established during the marriage.

Section 3109.04(F)(1) directs courts to consider best-interest factors when allocating parental rights and deciding which parent will be the residential parent and custodian.

Steele v. Steele · filed 2012-01-27(F)(1)

Steele cites the factors set forth in R.C. 3109.04(F)(1), which the trial court has directed a trial court to consider in determining the best interest of a child with respect to the allocation of parental rights and responsibilities. ... We conclude that the evidence in the record supports the trial court’s finding that it is in M.’s best interest for Malocu to be her residential parent and custodian, and that the trial court’s order to that effect is not an abuse of discretion.

Section 3109.04 supplies the best-interest standard for choosing which parent should receive legal custody of a child.

In re E.W. · filed 2011-04-26(F)(1)

In determining which of two parents would better meet a child’s best interests, a trial court must follow R.C. 3109.04.

Section 3109.04(F)(1) requires courts allocating parental rights and responsibilities to consider all relevant factors in determining the child’s best interest, including the listed statutory factors.

Compton v. Eckman · filed 2012-03-30(F)(1)

In determining the best interest of a child regarding the allocation of parental rights and responsibilities, the court shall consider all relevant factors, including, but not limited to: (a) the wishes of the child's parents; ... (j) whether either parent has established a residence, or is planning to establish a residence, outside this state. R.C 3109.04(F)(1).

Section 3109.04(F)(1) guides the best-interest determination, and the court may give its factors different weight and relevance according to the facts.

Beard v. Bloomfield · filed 2012-05-14(F)(1)

The factors are merely to provide guidance for the trial court in determining what is in the child’s best interest, and each factor may not necessarily carry the same weight or have the same relevance, depending upon the facts before the trial court.

Section 3109.04(F)(1) requires consideration of relevant best interest factors, but the court need not analyze every factor expressly when competent, credible evidence supports its allocation of parental rights.

Brokaw v. Brokaw · filed 2012-06-14(F)(1)

A DR court need not set out its analysis regarding every best interest factor if the court’s judgment is supported by some competent, credible evidence.

Section 3109.04(F)(1) permits a court deciding a child’s best interest to consider a grandparent’s derogatory comment about a parent when the children are nearby.

Kontra v. Kontra · filed 2012-09-20(F)(1)

R.C. 3109.04(F)(1) permits the court to consider any relative factor in considering the best interest of the children. Negative feelings or animosity harbored against the parent by a relative who has regular contact with the children has the potential to adversely impact the children. We find it was within the court’s discretion to consider the fact that Steven’s mother made a derogatory comment about Traci while the children were nearby.

Section 3109.04(F)(1) requires the court to consider the listed best-interest factors, including the child’s health, when deciding custody.

In re A.M.S. · filed 2012-11-01(F)(1)

The record demonstrates that the trial court considered the factors outlined in R.C. 3109.04(F)(1), and in particular A.M.S.’s health.

Section 3109.04(F)(1) and (2) supplies factors the court considers when determining a child’s best interest in allocating parental rights and shared parenting.

Neumann v. Neumann · filed 2012-02-16(F)(1), (F)(2)

Having reviewed the judgment entry, this court finds that the trial court considered each element of R.C. 3109.04(F)(1) and (2) when determining the best interest of the child.

In allocating parental rights after termination of a shared parenting plan, the child’s school, sibling relationship, and each parent’s circumstances may support a best-interest determination under § 3109.04(F)(1).

Aronhalt v. Aronhalt · filed 2012-04-06(F)(1)

R.C. 3109.04 governs parental rights and responsibilities and shared parenting. ... Upon review, we find the evidence supports the trial court's decision, and we find no undue prejudice to appellant from the Guardian ad Litem's report, testimony, or cross-examination.

In allocating custody, a court may consider a parent’s pattern of interfering with the other parent’s parenting time as evidence that the parent is unlikely to honor or facilitate visitation.

Kanet v. Jones · filed 2012-08-24(F)(1)(f)

Of particular significance, there is evidence in the record that Jones has demonstrated a pattern of interfering with Kanet’s parenting time and that she has attempted to alienate the child from Kanet. We agree with the magistrate’s assessment that her behavior “raises significant concern that she will not honor or facilitate [Kanet’s] parenting time or court ordered visitation and companionship time if she is the custodial parent.”

In allocating parental rights and responsibilities, a trial court must consider the children’s best interests.

Schoolcraft v. Schoolcraft · filed 2012-09-10(F)(1)

In allocating parental rights and responsibilities, the trial court must consider the best interest of the children.

Section 3109.04(F)(1) requires a court deciding custody between parents to consider all relevant factors bearing on the child’s best interests.

Seymour v. Hampton · filed 2012-10-16(F)(1)

In determining which of two parents would better meet a child’s best interests, a trial court must follow R.C. 3109.04. ... We are not convinced that in ascertaining what would be in the best interests of S.W.S., the trial court failed to properly consider the factors enumerated in R.C. 3109.04(F).

Section 3109.04(F)(1) supplies factors, including a child’s family relationships and adjustment to home, school, and community, that a juvenile court must consider when deciding whether legal custody to a nonparent is in the child’s best interest.

In re E.D. · filed 2012-12-28(F)(1)

In determining the "best interest" of the child, the juvenile court must consider all relevant factors, including those enumerated in, but not limited to, R.C. 3109.04(F)(1), which include "the child's interaction and interrelationship with other family members or others who may significantly affect the child's best interest" and "the child's adjustment to home, school and community." Id. at ¶ 9.

Section 3109.04(F)(1) requires a custody court to consider all relevant factors when determining a child’s best interest.

Shaffer v. Wagaman · filed 2013-02-15(F)(1)

To determine the best interest, division (F)(1) provides that the court must consider “all relevant factors.”

Section 3109.04(F)(1) permits a court to consider allegations of domestic violence in determining a child’s best interest even when the parent has not been convicted.

In re K.B. · filed 2013-03-11(F)(1)

It is undisputed that Father was never convicted of domestic violence. ... In light of the foregoing, we find the juvenile court did not err in considering the several allegations of domestic violence made against Father in determining what was in the best interest of K.B.

Section 3109.04(F)(1) requires the court to consider relevant best-interest factors, but it need not cite the subsection or list each factor individually.

In re A.D. · filed 2013-04-01(F)(1)

While the preferred method would be for the trial court to specifically cite R .C. 3109.04(F)(1) and walk through the relevant best interests factors individually, we find that the trial court properly considered those relevant factors in its decision regardless of whether they were listed explicitly.

Section 3109.04(F)(1) requires consideration of relevant best interest factors but does not require the court to address each listed factor separately.

Nicely v. Weaver · filed 2013-04-15(F)(1)

However, there is no requirement that a trial court separately address each factor enumerated in R.C. 3109.04(F)(1).

Section 3109.04(F)(1) does not require a trial court to separately address each listed best-interest factor.

Bashale v. Quaicoe · filed 2013-07-12(F)(1)

However, there is no requirement that a trial court separately address each factor enumerated in R.C. 3109.04(F)(1).

Section 3109.04(F)(1) requires a court allocating parental rights to consider the listed best-interest factors, while allowing it to consider additional factors.

Williams v. Williams · filed 2012-12-26(F)(1)

In order to determine the children’s best interests, the trial court is required to consider the factors outlined in R.C. 3109.04(F)(1), but may consider other additional factors as well.

Section 3109.04(F)(1) and (F)(2) require courts deciding a child’s best interests and shared parenting to consider all relevant factors, including a parent’s demeanor and animosity toward the other parent.

Zaccardelli v. Zaccardelli · filed 2013-05-08(F)(1), (F)(2)

In any event, without regard to the trial court’s finding that Husband and his father had expressed their negative opinions of Wife to the son, the testimony and demeanor of Husband and his father were relevant factors that the trial court could properly consider in determining the best interests of the children. See R.C. 3109.04(F)(1) and (F)(2) (requiring the trial court to consider “all relevant factors” when determining the best interests of the children and ordering shared parenting).

Section 3109.04(F)(1) sets out best-interest factors for custody decisions, which trial courts must follow while exercising broad discretion in allocating parental rights.

Kinas v. Kinas · filed 2013-07-25(F)(1)

Although a trial court must follow the dictates of R.C. 3109.04 in deciding child-custody matters, it enjoys broad discretion when determining the appropriate allocation of parental rights and responsibilities.

Section 3109.04(F)(1) requires a court allocating parental rights to consider all relevant factors, including the listed factors, when determining the child’s best interests.

Walker v. Walker · filed 2013-04-15(F)(1)

In determining the children’s best interests, the trial court is required to consider all relevant factors, including those specifically enumerated under R.C. 3109.04(F)(1).

Section 3109.04(F)(1) requires a court determining a child's best interest to consider all relevant factors.

Cottrell v. Cottrell · filed 2013-06-10(F)(1)

In order to determine the best interest of a child, R.C. 3109.04(F)(1) requires the trial court consider all relevant factors.

Section 3109.04(F)(1) requires a court deciding a child’s best interest to consider all relevant factors, including a parent’s wishes and the child’s adjustment to a placement.

In re E.J. · filed 2013-09-30(F)(1)

In order to determine the best interest of a child, R.C. 3109.04(F)(1) requires the juvenile court to consider all relevant factors. ... For similar reasons, placing E.J. in the agency's temporary custody was in her best interest. While the record is clear that Mother wishes to have the child returned to her custody, the remaining factors weigh in favor of E.J. staying in agency custody, especially when considering that E.J. had adjusted well to the foster home, and to living with Grandmother.

Section 3109.04(F)(1) requires courts to consider the listed best-interest factors when allocating parental rights and responsibilities.

In re Z.C. · filed 2013-10-11(F)(1)

Finally, we conclude that the trial court did consider the factors set forth in R.C. 3109.04(F) when determining the best interest of the child.

Section 3109.04(F)(1) permits the court to weigh the best-interest factors when allocating parental rights, including a parent’s domestic-violence conviction, without giving that conviction controlling weight.

Habo v. Khattab · filed 2013-12-31(F)(1)

However, the court expressly stated in the decree that it considered father’s conviction. The court ranked this factor as fourth in importance out of the ten best-interest factors. ... We therefore hold the trial court did not abuse its discretion in allocating parental rights and responsibilities.

Section 3109.04(F)(1) requires the trial court to consider each best interest factor, but it need not repeat explicit findings in the judgment entry unless a party requests findings of fact and conclusions of law under Civ.R. 52.

Phillips v. Phillips · filed 2014-01-27(F)(1)

Although R.C. 3109.04(F)(1) requires a trial court to consider each of these factors, explicit findings need not be reiterated in the judgment entry unless a party requests findings of fact and conclusions of law under Civ.R. 52.

Section 3109.04(F) lists the factors a trial court considers when determining a child’s best interest in a custody case.

In re E. A. · filed 2014-01-29(F)

R.C. 3109.04(F) lists a number of factors for the trial court to consider when determining the child’s best interest for purposes of a custody determination.

Section 3109.04(F)(1) supplies best-interest factors a juvenile court must consider when awarding legal custody of a dependent child.

In re S.K. · filed 2014-02-18(F)(1)

In determining the best interests of the child, the juvenile court must consider all relevant factors, including, but not limited to the applicable factors set forth in R.C. 3109.04(F)(1).

Section 3109.04(F)(1) requires a court allocating parental rights and responsibilities to consider all relevant factors bearing on the child’s best interest.

Jones v. Jones · filed 2013-08-15(F)(1)

R.C. 3109.04(F)(1) as the statute setting forth the factors a court must consider when determining the best interest of the child when it allocates parental rights and responsibilities. ... Based on the record before us, we cannot say the trial court abused its discretion in adopting the magistrate’s recommendation that Husband’s shared parenting plan be adopted.

Section 3109.04(F)(1) permits a best-interests determination favoring nonparent custody based on the child’s wishes, adjustment to home and community, caregivers’ ability to meet the child’s needs, and support for parenting time with the parents.

Evans v. Evans · filed 2013-09-27(F)(1)

Regarding Sonya’s assertion that the factors set forth in R.C. 3109.04(F)(1) support a finding that it is in K.E.’s best interest for Sonya to have custody of K.E., we disagree. The evidence in the record overwhelmingly supports a conclusion that an award of custody to the Parkers is in K.E.’s best interest. The court indicated that such an award is in accord with K.E.’s wishes; K.E. is well-adjusted to her home, school and community, and her welfare is a priority in the Parkers’ home; the Parkers are in good health and able to meet K.E.’s needs; and the Parkers are more likely to facilitate K.E.’s parenting time with Sonya and Martin.

Section 3109.04(F) requires a court determining a child’s best interests for a shared parenting plan to consider all relevant factors, including those the statute lists.

Braidy v. Braidy · filed 2013-12-04(F)

In determining the best interest of a child, the court “shall consider all relevant factors,” including, those enumerated in R.C. 3109.04(F).

Section 3109.04(F)(1) requires courts allocating parental rights to consider relevant best interest factors, including interference with the other parent’s parenting time and conduct that alienates children from that parent.

In re K.P. · filed 2013-12-16(F)(1)

Moreover, there was testimony that, at times, Father had denied Mother parenting time with the girls. See R.C. 3109.04(F)(1)(f),(i). ... In light of the entirety of the record, we cannot say that the trial court abused its discretion in concluding that it was in the best interest of K.P. and M.P. for Mother to be named the sole residential parent.

Section 3109.04(F)(1) and (2) provides best-interest criteria that a juvenile court may apply when awarding legal custody of a child.

In re I.M. · filed 2013-12-17(F)(1) and (2)

The trial court considered I.M.'s best interest in applying the criteria set forth in R.C. 3109.04(F)(1) and (2). The trial court did not abuse its discretion in applying this criteria to the facts of this case.

Section 3109.04(F) requires a court allocating parental rights and responsibilities to determine the child’s best interest.

Albright v. Putman-Albright · filed 2014-02-21(F)

R.C. 3109.04(F) requires that the court determine the child's best interest in allocating parental rights and responsibilities.

Section 3109.04(F)(1) supplies best interest factors for a decree allocating parental rights and responsibilities; those factors do not govern a request solely for visitation.

In re K.S. · filed 2014-03-31(F)(1)

It is also noteworthy that the GAL Report, relied upon by the court, considered best interest factors under R.C. 3109.04(F)(1), which apply when issuing a “decree allocating parental rights and responsibilities for the care of children,” which is not the case in the present matter.

Section 3109.04(F)(1) does not require a trial court to cite the best-interest factors expressly when its reasoning shows that it considered them.

Malmon-Berg v. Malmon-Berg · filed 2014-04-28(F)(1)

As an initial matter, this Court notes that, while the trial court did not cite the statutory best interest factors, it is apparent from the court’s reasoning that it considered those factors relevant to its determination of Mother’s motion.

Section 3109.04(F)(1) requires a court deciding a child’s best interest in a custody allocation to consider and balance all relevant statutory factors.

Renner v. Renner · filed 2014-05-27(F)(1)

Despite Mother's contention that the trial court placed an improper emphasis on the GAL's report and not enough emphasis on her expert's testimony, the record demonstrates that the trial court properly considered and balanced the statutory factors before determining that it was in the child's best interest to be in Father's custody.

Section 3109.04(F)(1) requires consideration of all relevant best-interest factors but does not require a finding that the listed factors favor either parent.

Krill v. Krill · filed 2014-06-16(F)(1)

There is no additional requirement that the trial court find that the R.C. 3109.04(F)(1) factors weigh in favor of one party or the other.

Section 3109.04(F)(1) calls for identifying and evaluating factors pertinent to a child’s best interest when parental rights are modified.

Blevins v. Blevins · filed 2014-09-11(F)(1)

Our review of the magistrate's decision reveals the magistrate complied with the law in identifying and evaluating the factors pertinent to determining the children's best interest.

Section 3109.04(F)(1) requires a court determining a child’s best interest to consider all relevant factors, including those listed in divisions (F)(1)(a) to (j).

Corey v. Corey · filed 2014-07-25(F)(1)

The “best interest” finding is controlled by R.C. 3109.04(F)(1), which provides that, in determining the best interest of a child, the court must consider all of the relevant factors, including those listed in division (F)(1)(a) to (j) of the statute.

Section 3109.04(F)(1) requires a juvenile court making a custody determination under R.C. 2151.353 to apply the best-interest-of-the-child standard.

In re D.S. · filed 2014-06-06(F)(1)

When a juvenile court makes a custody determination under R.C. 2151.353, it must do so in accordance with the “best interest of the child” standard set forth in R.C. 3109.04(F)(1).

When awarding custody after shared parenting ends, the court must balance the best-interest factors in subsection (F)(1); a parent’s move out of state is only one factor.

In re C.K.W. · filed 2015-08-17(F)(1)

The decision to terminate a shared parenting plan and to then award custody of the child to one parent over the other is determined by a consideration and balancing of the factors set forth in R.C. 3109.04(F)(1) and (F)(2). ... However, the child's move from Ohio to Colorado is but one factor for consideration, and was not properly balanced against equally significant factors.

When terminating a shared parenting plan and issuing a new decree allocating parental rights, the court must consider the children’s best interests under the factors in § 3109.04(F)(1).

Lowery v. Ridgeway · filed 2015-12-07(F)(1)

When terminating a shared parenting plan and issuing a new decree for allocation of parental rights and responsibilities, the trial court must consider the best interest of the children under the factors outlined in R.C. 3109.04(F)(1).

Section 3109.04(F)(1) provides a nonexclusive list of factors to consider when determining a child’s best interest in a custody decision.

In re J.T. · filed 2016-02-19(F)(1)

R.C. 3109.04(F)(1) provides a non-exclusive list of factors to consider when determining the best interest of a child.

Section 3109.04(F)(1) requires a court deciding a child’s best interest in a legal custody dispute to consider all relevant factors, including the parents’ wishes, the child’s relationships and adjustment, and the health of those involved.

In re R.H.B. · filed 2016-02-26(F)(1)

In determining the best interest of a child, “R.C. 3109.04(F)(1) requires the trial court to consider all relevant factors * * *. These factors include, but are not limited to: the wishes of the parents; the child’s interactions and interrelationships with parents, siblings, and other persons who may significantly affect the child’s best interest; the child’s adjustment to home, school and community; and the mental and physical health of all persons involved in the situation.” In re J.W., 2d Dist. Greene No. 2009 CA 8, 2009-Ohio-4605, ¶ 15.

Section 3109.04(F)(1)(f) and (i) allow courts to weigh compliance with custody and visitation orders alongside the other best-interest factors without violating substantive due process.

I.C.-R. v. N.R. · filed 2016-03-30(F)(1)(f), (i)

Accordingly, we find that R.C. 3109.04(F)(1)(f) and (i), considered in conjunction with R.C. 3109.04(F)(1)(h) and the remaining statutory factors, are narrowly tailored to promote the compelling government interest of allocating parental rights in the best interest of the child while observing parents’ fundamental right to the care and management of their children.

Section 3109.04(F)(1) requires a court allocating parental rights and responsibilities to consider the listed factors when determining a child’s best interest.

Michaels v. Saunders · filed 2015-08-10(F)(1)

In determining the best interest of a child for purposes of allocating parental rights and responsibilities, a court must consider the factors listed in Revised Code Section 3109.04(F)(1).

Section 3109.04(F)(1) lists nonexhaustive best-interest factors, so a court allocating parental rights may consider any relevant factor.

Eslinger v. McKnight · filed 2015-08-26(F)(1)

We note that the list of best interest factors in R.C. 3109.04(F)(1) is not exhaustive and instead, the trial court is able to consider any relevant factor.

Section 3109.04(F) requires courts to consider multiple factors when determining a child’s best interests, while allowing broad discretion in allocating parental rights and responsibilities.

M.J. v. S.J. · filed 2015-09-17(F)

In determining the best interests of the child, the court considers multiple factors set forth in R.C. 3109.04(F). Although the court is bound to follow R.C. 3109.04 in deciding child custody matters, it has broad discretion when determining the appropriate allocation of parental right and responsibilities.

Section 3109.04(F)(1) supplies best-interest factors that guide legal-custody decisions after a child is adjudicated abused, neglected, or dependent.

In re K.S. · filed 2015-09-21(F)(1)

While R.C. 2151.353 does not provide factors for the trial court to consider when determining the child’s best interests in a request for legal custody, the factors listed in R.C. 3109.04(F)(1) have been used to guide the courts in determining the best interest of the child in legal custody cases.

Section 3109.04(F)(1) requires courts deciding a child’s best interests to consider relevant factors, including whether a parent facilitates or denies the other parent’s court-ordered parenting time.

Haines v. Haines · filed 2015-10-14(F)(1)

Both the magistrate and the trial court faced this difficult situation with deference to the statutory mandates of R.C. 3109.04(F)(1) and made a hard choice. We find the decision to be supported by the record.

Section 3109.04(F)(1) requires the trial court to consider all relevant best-interest factors when allocating parental rights and responsibilities.

Albrecht v. Albrecht · filed 2015-11-30(F)(1)

Here, the record reflects that the trial court considered all relevant factors in R.C. 3109.04(F)(1) and properly applied those factors in making its decision designating Father residential parent and legal custodian.

Section 3109.04(F) directs courts to consider the child’s best interests when deciding custody and shared parenting, and the resulting findings may be upheld when supported by competent, credible evidence.

McMahan v. McMahan · filed 2015-12-07(F)

The trial court’s best-interest findings are supported by some competent, credible evidence. Thus, the trial court did not abuse its discretion by concluding that shared parenting is not in M.M.’s best interest and that it is in M.M.’s best interest that Tiffany have residential and legal custody of M.M.

Section 3109.04(F) requires consideration of the relevant best-interest factors when allocating parental rights and deciding whether to order shared parenting.

Evans-Dorn v. Dorn · filed 2015-12-07(F)

The trial court considered the relevant factors set forth in R.C. 3109.04(F) in making its determination, and the court's decision is supported by competent, credible evidence.

In determining a child’s best interests, a court considers which parent is more likely to honor parenting time or visitation rights.

Baze-Sif v. Sif · filed 2016-01-07(F)(1)(f)

Considering Said's refusal to honor the Moroccan decree's award of custody to Sanaa, Said's retention of Anwar's passport, and his refusal to even let Anwar speak with Sanaa, Sanaa was unquestionably the parent more likely to honor parenting time rights or visitation.

Section 3109.04(F)(1) requires a court making an original custody determination to consider the statutory best-interests factors.

Bellville v. Bellville · filed 2015-09-18(F)(1)

In applying this test, the court shall consider the statutory best interests factors. See R.C. 3109.04(F)(1).

Section 3109.04(F)(1) directs a court allocating parental rights, whether initially or on modification, to assess the child’s best interests using the relevant factors.

A.L. v. K.T. · filed 2016-05-06(F)(1)

By way of clarification, R.C. 3109.04(F)(1) provides criteria to a court when it is assessing the best interests of the child for purposes of allocating parental rights and responsibilities, whether in an original decree or modification thereof. ... A review of the record indicates that the lower court engaged in a thorough evaluation of the relevant factors, before designating father as the primary residential parent and legal custodian of the three younger children.

Section 3109.04(F)(1) supplies the best-interest factors for juvenile custody proceedings, but a court need not separately address each factor when the record supports a presumption that it considered them.

In re P.G.T. · filed 2016-06-13(F)(1)

The statutory best interests factors within R.C. 3109.04(F)(1) are applicable to juvenile custody proceedings. ... There is no statutory mandate that a trial court separately address each of the best interests factors and a court is presumed to have considered these factors absent evidence to the contrary.

Section 3109.04(F)(2) requires a court to consider additional best-interest factors when deciding whether to order shared parenting; strained parental relations and distance between the parents do not necessarily preclude it.

Denier v. Carnes-Denier · filed 2016-07-18(F)(2)

With regard to whether shared parenting is in the child's best interest, the court must consider the additional factors set forth in R.C. 3109.04(F)(2). ... Although the trial court noted the extremely strained relationship between Mother and Father and the distance between the parties, the trial court found that those issues would not be insurmountable to a shared parenting arrangement. In light of the foregoing, we simply cannot say the trial court's decision was an abuse of discretion, nor can we say the trial court's decision was against the manifest weight of the evidence.

Section 3109.04(F)(1) requires a juvenile court determining a child’s best interest to consider all relevant factors, including applicable factors listed in section 3109.04(F).

In re L.T. · filed 2016-08-05(F)(1)

In determining the best interest of the child, R.C. 3109.04(F)(1) requires the juvenile court to consider all relevant factors, including, but not limited to, any applicable factors in R.C. 3109.04(F).

Under § 3109.04(F)(1)(f), reasonable cancellations of supervised visits with advance notice can amount to substantial compliance when assessing who is more likely to honor visitation.

In re X.B. · filed 2016-09-13(F)(1)(f)

The only significant departure from their respective findings was with regard to R.C. 3109.04(F)(1)(f), regarding who would be more apt to honor and encourage companionship rights. ... Given this testimony, we fail to see how father would be more likely to honor visitation, and we find grandmother substantially complied with the visitation schedule.

Section 3109.04(F)(1) permits courts deciding a child’s best interest to consider all relevant factors beyond those it lists, including factors in R.C. 2151.414(D)(1).

In re C.N. · filed 2016-10-14(F)(1)

Notably, R.C. 3109.04(F)(1) does not limit courts to just the listed factors; courts are permitted to consider “all relevant factors.” Thus, the trial court could consider other factors, including those in R.C. 2151.414(D)(1), if the court so chose.

Section 3109.04(F)(1) requires a court deciding custody and visitation to consider all relevant factors bearing on the child’s best interest, including the listed statutory factors.

Portis-Phillips v. Phillips · filed 2016-11-18(F)(1)

Pursuant to R.C. 3109.04(F)(1), the trial court must consider all relevant factors in determining the best interest of a child with respect to custody and visitation, including, but not limited to: the wishes of the child’s parents; and wishes and concerns of the child, the child’s interaction and interrelationship with his or her parents, siblings, and any other person who may significantly affect the child’s best interest; the child’s adjustment to home, school, and community; the mental and physical health of all persons involved in the situation; the parent more likely to honor and facilitate parenting time or visitation and companionship rights; whether either parent has failed to make all required child support payments; whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; whether either parent has denied the other parent’s right to parenting time in accordance with an order of the court; and whether either parent has established a residence, or is planning to establish a residence, outside this state.

Section 3109.04(F)(1) requires a juvenile court deciding custody to consider all relevant factors bearing on the child’s best interest.

In re D.B. · filed 2016-11-28(F)(1)

As pertinent to the case at bar, and in determining the best interest of the child, R.C. 3109.04(F)(1) requires the juvenile court to consider all relevant factors, which include: ... The magistrate fully reviewed and balanced the statutory factors.

Section 3109.04(F)(1) supplies best interest factors relevant to a juvenile court’s decision whether to award legal custody to a parent or relative after a dependency adjudication.

In re K.A. · filed 2017-01-03(F)(1)

The additional and relevant best interest factors under R.C. 3109.04(F)(1) include: the child’s adjustment to their home, school, and community, the mental and physical health of all the persons involved in the situation, the parents’ likelihood to honor and facilitate court-approved parenting time or visitation rights, and whether a parent or a member of their household has been involved in a criminal offense that resulted in a child being adjudicated an abused or neglected child.

A trial court need not separately address each statutory best interest factor when deciding child custody.

Girdlestone v. Girdlestone · filed 2016-12-05(F)(1)

We note that there is no requirement that a trial court separately address each best interest factor enumerated in R.C. 3109.04.

Section 3109.04(F)(1) supplies the best interest factors for an initial custody award, and a court need not separately address each factor if the record shows it considered them.

In re L.D.C. v. Coniker · filed 2017-03-06(F)(1)

The statute does not mandate a trial court separately address each of the best interest factors, and is presumed to have considered them absent evidence to the contrary.

Section 3109.04(F)(1) best interest factors do not govern parenting time awarded to a parent who is not named the residential parent; the factors in R.C. 3109.051(D) apply.

In re J.D. · filed 2017-03-22(F)(1)

As the father was not named the residential parent and he was granted parenting time every other weekend under the court’s standard Option 1 guideline, the pertinent statutory best interest factors are those contained in R.C. 3109.051(D), rather than R.C. 3109.04(F)(1).

Section 3109.04(F)(1) requires a court deciding a child’s best interest in a legal-custody proceeding to consider all relevant factors, including applicable statutory factors.

In re C.L.H. · filed 2017-05-22(F)(1)

In order to determine the best interest of the child, R.C. 3109.04(F)(1) requires the juvenile court to consider all relevant factors, including, but not limited to, any applicable factors provided in R.C. 3109.04(F).

Section 3109.04(F)(1) best-interest factors can support granting relatives legal custody when they provide stability and the parent recently relapsed despite completing some case-plan objectives.

In re A.C.B. · filed 2017-06-05(F)(1)

In reaching its custody decision, the lower court noted that it considered the best interest factors contained in R.C. 3109.04(F)(1)(a)-(j). ... All of these factors weigh in support of the court’s custody determination. ... Based on all of the evidence presented, we cannot find that it was error, plain or otherwise, for the trial court to adopt the magistrate’s determination that it was in the children’s best interest to be placed in the Wises’ custody.

Section 3109.04(F)(1) permits a juvenile court to use its best interest factors as guidance when awarding legal custody after a dependency or neglect adjudication.

In re K.D. · filed 2017-06-07(F)(1)

In addition, the juvenile court may also look to the best interest factors in R.C. 3109.04(F)(1) for guidance.

Section 3109.04 requires a juvenile court deciding legal custody to consider all relevant factors, including applicable statutory best-interest factors.

In re G.C. · filed 2017-06-12(F)(1)

Pursuant to R.C. 3109.04(A)(1), in making a custody determination, the juvenile court must consider all relevant factors including, but not limited to, any applicable factors set forth in R.C. 3109.04(F).

Section 3109.04(F)(1) permits a court to consider the stability of a proposed custodian’s home in its best interest analysis even though stability is not expressly listed among the factors.

In re T.J.T. · filed 2017-06-12(F)(1)

While the court’s obvious consideration of the stability of the environment provided by Appellees is not specifically listed as a factor to consider in making a best interest determination, it is just as clearly not prohibited when making a best interest analysis.

Section 3109.04(F)(1) supplies the relevant factors for determining a child’s best interest in a temporary custody decision.

In re T.W. · filed 2017-07-07(F)(1)

A court determines a child’s best interest using the relevant factors in R.C. 3109.04(F)(1).

Section 3109.04(F)(1) permits a court to consider a parent’s decision making and judgment as part of a broader best interest assessment.

Reese v. Whitsett · filed 2017-05-15(F)(1)

In sum, even though the trial court considered aspects of Kaitlyn’s decision making and judgment, the record establishes that this was just one of a multitude of factors that it considered and was not the sole basis of the trial court’s decision.

Section 3109.04(F)(1) gives no best-interest factor greater weight than any other in a custody decision.

In re F.M.B · filed 2017-06-05(F)(1)

No single statutory factor is more important than any other.

Section 3109.04(F)(1) requires a court determining a child's best interest to consider all relevant factors, including the parents' and child's wishes, the child's relationships and adjustment, and the health of those involved.

In re A.B. · filed 2017-07-10(F)(1)

These factors include, but are not limited to: (1) the wishes of the child's parents regarding the child's care; (2) the wishes and concerns of the child, as expressed to the juvenile court; (3) the child's interaction and interrelationship with the child's parents, siblings, and any other person who may significantly affect the child's best interest; (4) the child's adjustment to the child's home, school, and community; and, (5) the mental and physical health of all persons involved. R.C. 3109.04(F)(1)(a) thru (e). ... In light of the foregoing, while it is clear that Mother has a strong, loving relationship with her children, we find the evidence presented to the juvenile court establishes by a preponderance of the evidence that granting legal custody of the children to their respective foster parents, the Grays, the Blacks, and the Whites, was in the children's best interest.

Section 3109.04(F)(1) supplies best-interest factors that a juvenile court may use for guidance when deciding legal custody after a dependency adjudication.

In re A.P. · filed 2017-12-11(F)(1)

The juvenile court may also look to the best interest factors in R.C. 3109.04(F)(1) for guidance.

Section 3109.04(F)(1) permits a court allocating parental rights to consider relevant best-interest factors beyond those listed in the statute.

Loewen v. Newsome · filed 2018-01-10(F)(1)

R.C. 3109.04(F)(1) directs that “the court shall consider all relevant factors, including but not limited to[,]” the listed factors. Because this is a non-exhaustive list, the court may consider additional relevant factors.

Section 3109.04(F)(1) requires consideration of the best-interest factors in allocating parental rights, but absent a Civ.R. 52 request the court need not explicitly address every factor and item of relevant evidence.

Giovanini v. Bailey · filed 2018-01-31(F)(1)

As Mr. Giovanini did not make a Civ.R. 52 request to the trial court for findings of fact and conclusions of law, the trial court was not obligated to explicitly address all of the statutory factors and all of the evidence relevant to the custody award.

Section 3109.04(F)(1) requires a court deciding a child’s best interest in a custody allocation to consider all relevant factors.

Winn v. Wilson · filed 2018-03-19(F)(1)

To determine the best interest of a child, R.C. 3109.04(F)(1) requires the court to consider all relevant factors.

Section 3109.04(F)(1) best-interest factors may guide a juvenile court deciding legal custody after an adjudication of dependency.

In re T.R. · filed 2018-03-28(F)(1)

The juvenile court may also look to the best interest factors in R.C. 3109.04(F)(1) for guidance.

Section 3109.04(F)(1) lets a court decide which best interest factors are relevant and consider relevant factors beyond those listed in the statute.

Wright v. Wright · filed 2018-04-16(F)(1)

The trial court has discretion to determine which factors under R.C. 3109.04(F)(1) are relevant. Id., citing Hammond v. Harm, 9th Dist. Summit No. 23993, 2008-Ohio-2310, ¶51. The court is not limited to the factors listed in the statute and may consider any other relevant factors in determining the best interest of the children. Id. (citation omitted).

Section 3109.04(F)(1)(d) makes a child’s adjustment to home, school, and community relevant to the best interest custody determination, including the effect of moving the child from a home where the child has lived happily for an extended period.

In re L.R.R. · filed 2018-04-16(F)(1)(d)

Assuming both Pierson and the Bonds can provide equally adequate homes for L.R.R., it is certainly relevant to consider the fact that moving L.R.R. out of the home where he has been happily living for over a year and a half would be an important consideration in the best interest determination. R.C. 3109.04(F)(1)(d) (a best interest factor is “[t]he child’s adjustment to the child’s home, school, and community”).

Section 3109.04(F)(1) provides best-interest factors that may guide a juvenile court deciding legal custody after an adjudication of dependency.

In re L.T. · filed 2018-04-18(F)(1)

In addition, the juvenile court may also look to the best interest factors in R.C. 3109.04(F)(1) for guidance.

Section 3109.04(F)(1) and (F)(2) provide factors for custody and shared-parenting decisions, and a factor-based allocation within the trial court’s discretion may be upheld when supported by the evidence.

Pallone v. Pallone · filed 2017-12-29(F)(1), (F)(2)

The trial court, in responding to Roman's objections to the magistrate's decision, specifically considered each factor of R.C. 3109.04(F)(1)(a) through (j) and 3109.04(F)(2), weighed the evidence and made particular determinations. ... Reviewing the evidence in the record, we find that the determinations and orders of the trial court were not an abuse of discretion and were supported by a manifest weight of the evidence.

Section 3109.04 requires courts deciding whether to award legal custody to a nonparent to consider its best interest factors.

In re E.S. · filed 2018-05-10(F)(1)

R.C. 3109.04 specifies the best interest factors courts must consider when determining whether to award legal custody to a nonparent.

Section 3109.04(F)(1) and (2) requires the trial court to consider all relevant best-interest factors when deciding whether to designate a sole residential parent or order shared parenting.

Lykins v. Lykins · filed 2018-06-04(F)(1), (F)(2)

In so holding, we specifically reject Husband's claim that "it is apparent" the trial court did not consider all of the factors listed under R.C. 3109.04(F)(1) and (2) in finding it was in the children's best interest to designate Wife as the children's sole residential parent.

Section 3109.04(F)(1) best-interest factors may guide a juvenile court’s legal-custody decision, including the children’s adjustment to their current environments and the mental and physical health of those involved.

In re A.E. · filed 2018-06-18(F)(1)

The juvenile court may also look to the best interest factors in R.C. 3109.04(F)(1) for guidance. ... Of relevance here, those additional factors include the children’s adjustment to their current environments and the mental and physical health of all persons involved.

Section 3109.04(F)(1) does not require a trial court to separately address each listed best-interest factor.

G.S. v. M.L. · filed 2018-10-04(F)(1)

There is no requirement that a trial court separately address each best interest factor enumerated in R.C. 3109.04.

Section 3109.04(F)(1) best interest factors may guide a juvenile court deciding legal custody after a dependency adjudication.

In re A.S. · filed 2018-10-17(F)(1)

In addition, the juvenile court may also look to the best interest factors in R.C. 3109.04(F)(1) for guidance.

Section 3109.04(F)(1)(h) permits a court assessing a child’s best interests to consider whether there is reason to believe a parent acted in a way that resulted in child abuse or neglect.

In re L.S. · filed 2018-12-19(F)(1)(h)

{¶42} R.C. 3109.04(F)(1)(h) allows the court to consider whether certain indicia of abuse or neglect has occurred. Relevant to the best interest of the children in this case is “whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or neglected child[.]” Id. {¶43} Both Dr. Steiner and the Summit County Board of Developmental Disabilities investigator testified that they substantiated Mother’s overmedication of L.S. with Clonidine, which caused multiple dysautonomic events, some of which brought the child perilously close to death. At a minimum, there existed indicia of neglect for the child’s health and well-being.

Section 3109.04(F)(1) requires consideration of all relevant best interest factors, and those factors may guide a legal custody decision in a neglect case.

In re C.B. · filed 2018-12-26(F)(1)

In this type of dispositional hearing, the focus is on the best interest of the child. ... R.C. 3109.04(F)(1) mandates as follows: ... We likewise find the preponderance of the evidence supports the trial court’s determination it would be in the best interest of the children that legal custody be granted to Maternal Aunt and Uncle.

Section 3109.04(F)(1) and (2) requires a court allocating parental rights to consider all relevant factors.

Ghani v. Greenfield · filed 2018-08-14(F)(1) and (2)

Statutes in Ohio provide that when allocating parental rights and deciding parenting time, a court "shall consider" all relevant factors. See R.C. 3109.04(F)(1) and (2); R.C. 3109.051(D); see also, e.g., Pater v. Pater, 63 Ohio St.3d 393, 396 (1992) (noting that consideration of the factors is a mandatory statutory requirement).

Section 3109.04 permits a court to consider a parent’s offense involving a minor when assessing the child’s best interest, even if the offense does not fit squarely within the listed criminal-offense factor.

A.B. v. R.W. · filed 2019-02-22(F)(1)(h)

We note that whether or not the offense falls squarely under the wording of the section is not critical to the court’s ability to consider it. Certainly the fact that appellant provided alcohol to a minor is relevant to her ability to care for her own four minor children.

Section 3109.04(F)(1) requires a court allocating parental rights and responsibilities to consider the listed best-interest factors.

In re A.A. · filed 2019-03-18(F)(1)

In determining the best interest of the children for purposes of allocating parental rights and responsibilities, a court must consider the factors listed in R.C. 3109.04(F)(1).

Section 3109.04(F)(1) requires a court to consider each relevant best-interest factor, but permits it to give one factor greater weight when the facts warrant.

Severns v. Foster · filed 2019-03-18(F)(1)

Thus, so long as the trial court considered each of the factors as required by R.C. 3109.04(F)(1), the trial court had the discretion to give prevailing weight to one factor if it deemed that doing so was required by the facts of the case.

In deciding a child’s best interest, a court may consider whether a parent voluntarily allowed the child to visit grandparents and family, even without a court order granting them visitation.

Huffman v. Eachus · filed 2019-03-18(F)(1)

Accordingly, the trial court was empowered to consider the extent to which Huffman voluntarily permitted A.E. to visit with his maternal grandparents and family as a factor relevant to A.E.’s best interest.

Section 3109.04(F)(1) permits a court to consider a parent’s maturity among all relevant factors when assessing a child’s best interests.

In re A.V. · filed 2019-05-03(F)(1)

To the extent that the trial court may have considered Mother’s maturity level in following its statutory mandate to consider “all relevant factors,” we see no error in doing so.

Section 3109.04(F) requires a juvenile court deciding legal custody to consider all relevant listed factors when determining the child's best interest.

In re K.M. · filed 2019-05-13(F)

In order to determine the best interest of a child in a legal custody proceeding, the juvenile court is required to consider all relevant factors listed under R.C. 3109.04(F).

A juvenile court may use the best interest factors in § 3109.04(F)(1) for guidance when deciding legal custody.

In re H.S. · filed 2019-05-15(F)(1)

In addition, the juvenile court may also look to the best interest factors in R.C. 3109.04(F)(1) for guidance.

Section 3109.04(F)(1) permits a court to consider a parent’s ability to parent within a reasonable time when determining a child’s best interest, even though that circumstance is not an enumerated factor.

In re A.R. · filed 2019-06-03(F)(1)

While the ability to parent within a reasonable amount of time is not one of the statutory factors, it may be considered as a circumstance when determining the best interest of the child.

A trial court determining a child’s best interest under § 3109.04 need not separately address every enumerated best-interest factor.

Young v. Lamm · filed 2019-09-26(F)(1)

Further, the trial court is not required to separately address each best interest factor enumerated in R.C. 3109.04.

Section 3109.04(F)(1) requires a court deciding the best interest of children to consider all relevant factors.

Blessing v. Blessing · filed 2019-09-30(F)(1)

To determine the best interest of the children, R.C. 3109.04(F)(1) requires the domestic relations court to consider all relevant factors.

A juvenile court may consider the best interest factors in § 3109.04(F)(1) when deciding legal custody.

In re C.D.Y. · filed 2019-10-17(F)(1)

Courts also may consider the best interest factors found in R.C. 3109.04(F)(1).

Section 3109.04(F)(1) requires consideration of all relevant best-interest factors in custody determinations, including the child’s relationships and adjustment, the health of those involved, and a parent’s willingness to facilitate visitation.

In re Am.H. · filed 2019-10-25(F)(1)

R.C. 3109.04(F)(1) provides that the trial court shall consider all relevant factors when making custody determinations including the wishes of the child; the child’s interactions and relationships with their parents, siblings, and any other person who may significantly affect the child’s best interest; the child’s adjustment to the child’s home, school, and community; the mental or physical health of those involved; and whether the parent is likely to honor and facilitate parenting time rights or visitation.

Courts may use the best-interest factors in § 3109.04(F)(1) as guidance when deciding legal custody of an abused or dependent child.

In re J.T. · filed 2019-11-04(F)(1)

A court may therefore consider the relevant best interest factors set forth in either R.C. 3109.04(F) or R.C. 2151.414(D) as guidance in determining the best interest of the child.

Section 3109.04(F)(1) provides best interest factors that a juvenile court may consult for guidance when deciding legal custody.

In re M.P. · filed 2019-11-06(F)(1)

The juvenile court may also look to the best interest factors in R.C. 3109.04(F)(1) for guidance.