David Dewitt, Plaintiff-Appellant,
v.
Melissa Myers, Defendant-Appellee,
Court of Appeals of Ohio, Second District, Clark County.https://leagle.com/images/logo.png
Rendered on February 20, 2009.
Rendered on February 20, 2009.
Attorney(s) appearing for the Case
Jon Paul Rion, Atty. Reg. #0067020, Rion, Rion & Rion, L.P.A., Inc., P.O. Box 10126, 130 West Second Street, Suite 2150, Dayton, Ohio 45402, Attorney for Plaintiff-Appellant.
Gregory K. Lind. Atty. Reg. #0055227, One South Limestone Street, Suite 4, Springfield, Ohio 45502, Attorney for Defendant-Appellee.
Court of Appeals of Ohio, Second District, Clark County.
OPINION
FAIN, J.
{¶ 1} Plaintiff-appellant David DeWitt appeals from a judgment awarding custody of his two children to the children's mother, defendant-appellee Melissa Myers. DeWitt argues that the trial court erred in awarding custody of both children to their mother because the court incorrectly applied R.C. 3109.04(E)(1)(a), when no prior decree had been issued regarding custody of the children. We conclude that DeWitt's argument has...
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