ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Friday, August 16, 2024 1:22:06 PM
CASE NUMBER: 2022 DR 00353 Docket ID: 459836223
Mike Foley CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN
THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO DIVISION OF DOMESTIC RELATIONS
KATHERINE E. McCLAIN
502 Shiloh Dr. Dayton, OH 45415
DOB: 09/15/1981
Plaintiff, vs.
DANIEL W. McCLAIN
P.O. Box 503
Pickerington, OH 43147
DOB: 11/22/1977
Defendant.
CASE NO. 2022-DR-0353
JUDGE JENNIFER PETRELLA MAGISTRATE SYLVAIN
MOTION TO CHANGE SCHOOL PLACEMENT
Now comes the Defendant, DANIEL W. McCLAIN, by and through his legal counsel, and respectfully requests this Court issue an Order designating Defendant’s residence as the children’s residence for school placement purposes.
As this Court is aware, Plaintiff’s Emergency Motion (Ex Parte) Prohibiting Defendant from Enrolling Minor Children in Different School Than One Currently Enrolled, filed on August 07, 2024, was granted in part pursuant to the Ex Parte Order Prohibiting Defendant from Enrolling Children in School, filed on August 08, 2024 (Emphasis added).
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Pursuant to the Ex Parte Order Prohibiting Defendant from Enrolling Children in School, filed on August 08, 2024,
“ … Plaintiff is also ordered to present evidence to the Court that these children’s school, Branches & Vine, is accredited by the State of Ohio, at the Ex Parte Review Hearing. If Plaintiff is not able to do so, Plaintiff is ordered to enroll the children at an accredited school within her district, pending further order of this Court.”
To date, Defendant has yet to receive any information from Plaintiff indicating that Plaintiff’s proposed and preferred school for the minor children, Branches & Vine Cottage School, is an accredited school In fact, in Plaintiff’s Ex Parte Motion for the Return of the Minor Children, filed on August 15, 2024 appears to acknowledge Branches & Vine Cottage School is not accredited. Further, Defendant has not received any information from Plaintiff indicating that Plaintiff has enrolled the minor children to an accredited school within her district.
Theaccredited school(s) withinPlaintiff’sdistrict areDayton PublicSchools. Although, Defendant resides in Pickerington, Ohio, through a reciprocity agreement with his employer the minor children can be enrolled in Reynoldsburg City Schools Based upon report cards issued by the Ohio’s Department of Education, Dayton Public School’s overall rating is a 2 and Reynoldsburg City School’s overall rating is a 3. Dayton Public Schools returned to school on August 15, 2024 and Reynoldsburg City School returns to school on August 22, 2024. While the difference is minimal, the effect of a higher overall rating and a later start date are both of the minor children’s best interest. The minor children have been historically home-schooled and are academically struggling in their own respective grades and would greatly benefit from a brick-and-mortar school as Recommended by the GAL As of the filing of this Motion, the minor children have yet to be enrolled to any school, in any district.
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It appears Plaintiff is waiting until the August 28, 2024 hearing to consider enrolling the children in Dayton Pubic Schools, at which point the children will have already missed two weeks of school.
Additionally, this Court should be aware while Defendant was at work the minor children (specifically, J. M., and F. M.) independently vocalized their safety concerns to the Pickerington Police Department on August 15, 2024 (see below). While the comments of the minor children did not allege any physical abuse by Plaintiff, it was unanimously told by the minor children to members of law enforcement of what can be summarized as Plaintiff’s emotional harm, mental distress, and manipulative tendencies the minor children are exposed to by Plaintiff and has continued to display throughout the pendency of this matter.
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Defendant desires for his residence to be designated as the minor children’s residence for school placement purposes pending further Order of this Court for the aforementioned reasons. Additionally, considering this is the first year of a brick-and-mortar school for the minor children, Defendant believes the minor children will be more successful if they were collectively starting within the same district, under one roof. It should be noted that Defendant is employed at Reynoldsburg high School, Livingston campus, which is where J. M. would attend. The minor children’s safety disclosures towards Plaintiff to law enforcement weighs heavily on Defendant. Defendant is concerned that Plaintiff’s behavior towards the children and around the children will continue throughout the pendency of this matter and believes that behavior will have a negative impact on the children’s ability to each be successful with their academics this year.
WHEREFORE, Defendant respectfully requests this Court issue an Order designating Defendant’s residence as the minor children’s residence for school placement purposes.
Respectfully submitted,
/s/ Adam R. Mesaros
Adam R. Mesaros (#0089828)
MESAROS LAW OFFICE, LLC
7051 Clyo Road
Centerville, Ohio 45459
P: (937) 424-3658
F: (937) 424-3659
arm@mesaroslaw.com
Attorney for Defendant
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CERTIFICATE OF SERVICE
I, the undersigned, do hereby certify that the foregoing was eFiled via the Court’s eFile system which shall send notification to the following: Trisha M. Duff, Attorney for Plaintiff, and Jennifer S. Getty, Guardian Ad Litem.
/s/ Adam R. Mesaros
Adam R. Mesaros (#0089828) Attorney for Defendant
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