Masters v. Masters

It has long been a recognized rule of law that for a reviewing court to overturn a trial court’s determination of custody, the appellate court must find that the trial court abused its discretion. The abuse of discretion standard has been defined as “ ‘ “more than an error at law or judgment; it implies that the court’s attitude is unreasonable, arbitrary or unconscionable.” ’ ” Miller v. Miller (1988), 37 Ohio St.3d 71, 73-74, 523 N.E.2d 846, 849.

We find that when the trial court sustained Shawn’s motion to modify custody, it abused its discretion.

Courts are not permitted to modify custodial…