Q: In the Magistrate's Decision in a custody case, are the findings of fact enforceable?
For example, if under the finding of facts it says that one parent will have final say but it is not mentioned in the decision, does that parent have final say?
A:
The Ohio Rules of Civil Procedure 53 (D) (3) states a party may file written objections to a magistrate’s decision within fourteen days of the filing of the decision... if any party timely files objections, any other party may also file objections not later than ten days after the first objections are filed. If a party makes a timely request for findings of fact and conclusions of law, the time for filing objections begins to run when the magistrate files a decision that includes findings of fact and conclusions of law.
This means that if there is confusion or a party does not agree to the Magistrate's Decision, the failure to timely file objections will result in the decision being made a final order of the court and may disqualify the issues from being heard on an appeal.
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