Masters v. Masters

In Masters v. Masters (1994), 69 Ohio St.3d 83, 1994 Ohio 483, 630 N.E.2d 665, the residential parent filed a notice of intent to relocate the child to Tennessee due to remarriage and employment. Id. at 84. The father objected to the modification of his parenting time; he also filed a motion to change custody. The trial court modified custody on the basis that the mother intended to leave the state. The Supreme Court stated that the mother's notice only represented a desire to leave the state and not an intent to leave in the absence of court approval after statutory objection by the non-residential parent. Id. at 86. Thus, the Supreme Court concluded that the filing of the notice does not itself constitute the type of changed circumstances required by R.C. 3109.04. Id. The Ohio Supreme Court found a trial court abuses its discretion when it modifies custody based solely upon evidence of an alleged change in circumstances in the form of the residential parent's intent to leave the State of Ohio with the child. Id. at 85-86, 630 N.E.2d 665.