Arthur v. Arthur

720 N.E.2d 176 (1998)

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Nature of the Case

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Facts

M and F were married 1981. Four children were born. W worked in a department store and had a brief marriage to another person. F worked in the same store while attending school. F supported the couple while M attended school. M remained at home after the birth of their first child. F accepted a position with a Church as the Director of Computer Operations. In 1994, F left his position with the Church to accept a position with Cap Gemini America, Inc. In December 1995, F informed M he desired a divorce. M was designated the residential parent and legal custodian for school purposes of the four children. F was granted possession of the children on weekends and for short weeknight visits, subject to timely notice. M and F contested the issues of custody and the children's enrollment at the Church Academy. Dr. Mason testified, while in M's custody, the children's outside contacts were limited to church members. Dr. Mason recommended shared parenting in order to avoid the development of a parental alienation syndrome. Dr. Jerry A. Olsheski, Assistant Professor of Counselor Education at Ohio University, testified regarding the vocational evaluation he conducted of M at F's request. Dr. Olsheski testified M's current earning capacity was approximately $ 12,300.00 per year to $ 18,148.00 per year. M was named the residential parent for school purposes of Megan and Mary, and F was named the residential parent for school purposes of Jacob and Eric.