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Family Law Keyed to Weisberg
Rowe v. Franklin
Facts
Appellant Kimberly Rowe and appellee Donald Franklin were married in 1987, with the marriage producing a son. In 1991 appellant left the marital residence with the child and filed a complaint for divorce. In 1992 appellant moved to Kentucky for a short time without appellee’s knowledge. She moved to be closer to her part-time job as pilot for the U.S. Army, and she also attended law school. Appellee was an ironworker unemployed during that summer. The trial court order required neither parent remove the child from the state without court order or parental agreement. In 1993 appellant petitioned the court to modify the order to allow her to remove the child to Kentucky and establish his residence there. She had applied to take law school classes there and had become pregnant by a man who she was seeing that was married by separated from his wife. She enrolled her son in private school for the times she would attend class. Father filed an emergency motion for contempt a nd for return of the child to Ohio. The trial court denied her motion, held appellee’s motion in abeyance, and allowed the child to remain with the mother until completion of a previously ordered custody investigation. The investigation resulted in two doctors finding both parents adequate, but ultimately recommended custody of the child be given to the father.
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