Gardini v. Moyer

The central issues presented in this case are whether former R.C. 3109.04(B)(1)(c) (now found in R.C. 3109.04[E][l][a][iii]) provides for a modification of custody where the child’s physical health or his mental, moral, or emotional development will be endangered by an environmental condition presented by the custodial parent. Second, we must determine, upon all facts and circumstances presented to the trial court in this matter, whether or not the trial court abused its discretion in its order changing the custody of these children. For the reasons that follow, we answer the first query in…