The Ohio Court of Appeals recently upheld a lower court's ruling regarding a shared parenting plan between Brandon A. Montague and Jessica R. Montague. The decision, made on October 5, 2026, affects their three minor children and clarifies the terms of their parenting arrangement following their divorce.
The case, Montague v. Montague (Docket No. 5-26-01), originated in the Hancock County Common Pleas Court, where the couple finalized their divorce in September 2021. At that time, they agreed to a shared parenting plan that outlined how they would care for their children. However, Brandon sought to modify this plan, leading to a series of court hearings and a decision that would ultimately be appealed.
Background
Brandon and Jessica Montague were married in 2009 and had three children together: T.M. (born 2013), Lo.M. (born 2015), and Ly.M. (born 2018). After Jessica filed for divorce in July 2020, the couple reached a shared parenting agreement that designated Jessica as the primary residential parent for school and medical purposes. Brandon was granted specific parenting time, which included alternating weekends and midweek visits.
In June 2024, Brandon filed a motion to amend this shared parenting plan, proposing a new 5-2-5-2 schedule that would allow for more equal time with the children. He argued that this schedule would provide consistency and stability for the children. Jessica opposed this change, preferring to maintain the existing arrangement, which she believed was working well for their family.
The Ruling
The trial court's magistrate held an evidentiary hearing in December 2024, where both parents provided testimony regarding their proposed plans. The magistrate ultimately recommended against Brandon's 5-2-5-2 plan, stating it would disrupt the children's current routine. Instead, the magistrate suggested expanding the existing schedule to include Sunday overnights for both parents.
On December 17, 2025, the trial court upheld the magistrate's recommendations, stating that they were well-reasoned and in the children's best interest. The court noted, "The existing schedule has worked well since 2021," and emphasized the importance of maintaining stability for the children. Brandon's objections to the magistrate's ruling were overruled, leading to his appeal.
Impact
This ruling reaffirms the court's discretion in determining parenting plans and emphasizes the importance of stability for children in shared parenting arrangements. The decision highlights that courts will consider the children's best interests when evaluating changes to parenting plans. The ruling also clarifies that recommendations from guardians ad litem, while influential, are not binding on the court.
Parents involved in similar disputes may take note of this case, as it illustrates how courts balance the wishes of parents with the need to maintain a stable environment for children. The ruling could set a precedent for future cases involving shared parenting modifications, emphasizing that the existing arrangements are often favored unless significant changes are warranted.
What's Next
Brandon has the option to appeal this decision to the Ohio Supreme Court. However, details regarding any pending related cases were not available in the court filing. The outcome of this case may influence how similar disputes are handled in the future.