In re Jump6/15/2005
JUDGMENT: Affirmed
{ } Appellant Mitzee Loftus appeals the July 21, 2004 Judgment Entry of the Holmes County Court of Common Pleas, Juvenile Division, awarding custody of the parties' minor child to appellee William Jump.
STATEMENT OF THE FACTS AND CASE
{ } The parties are the parents of two minor children, Billy John Jump, born January 1, 2000, and Damien Lucifer Jump, born October 4, 2001. The parties met while living in California, were not married, and dated for three years. Shortly after his birth, the parties surrendered custody of Billy John to his paternal grandmother, as a result, he is not a subject of these proceedings.
{ } Testimony at trial established: Appellee-father has had at least four or five jobs from 1998 to 2001, and has quit each job. Previously, he cared for the minor child when he was not working, including dressing, changing, and feeding the child. Appellee acknowledges the mother took care of the child at other times, but claims to have been a "full time" dad between December 2002 and August 2003. Appellee recently obtained a driver's license. He is a high school dropout, and has not obtained his GED.
{ } In August 2003, appellee left Ohio, and went to a mental health facility for several days. He admits he threatened suicide, and was afraid of "doin' something crazy-an act of violence in front of my kid," giving an example of punching a hole in the wall "quite a few times." He stated he was upset because he thought appellant was cheating on him. Following his placement in the facility, no mental health diagnosis was made, and medication was not prescribed, nor follow-up counseling recommended.
{ } Appellee has a prior conviction for residential burglary in California. Appellant-mother's current husband was also convicted in the burglary.
{ } Appellee paid appellant $400 per court order in the nine months prior to trial, and purchased items for the child in the past. Since leaving Ohio, father has talked to the child four to six times on the telephone. He returned to Ohio during the pendency of these proceedings, during which appellant did not facilitate visitation with appellee. He intends to move the child to Illinois to live with his mother and Billy John.
{ } Both parties have a history of drug abuse. Appellee attended, but did not complete, a drug rehabilitation program in California. Appellant has three other children, and has custody of two, who were previously in foster care due to her drug abuse. The third child was surrendered for adoption in California. Appellant entered residential drug treatment programs at least twice. She has been convicted of driving under suspension two times, and of driving under the influence three or four times. She is employed as a telemarketer, and is married. She obtained her GED.
{ } Prior to the proceedings on appeal, the minor child lived with appellant in Holmes County, moving to Jefferson County just prior to trial. On October 20, 2003, appellee filed a motion for legal custody of the minor child in the Holmes County Court of Common Pleas, Juvenile Division. On June 23, 2004, appellant's counsel indicated to the court he was having difficulties contacting his client. Counsel stated she would not meet with him prior to trial, and had not contacted him. Counsel indicated his intention to withdraw from representation. Counsel moved the court for a continuance on June 30, 2004, seven days prior to trial. The trial court denied the motion for continuance, and the matter proceeded to trial on July 7, 2004. Via Judgment Entry on July 21, 2004, the trial court awarded custody to appellee-father.
{ } Appellant
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