Objecting to a Magistrate's Custody Decision

[mrsAF15]

My question involves a child custody case from the State of: Ohio

I have a friend that Went through a year long court battle as mother was trying to terminate and/or restrict fathers rights to child. After a temp order of no overnights and having the court date and the childs counselor and others testifying, the magistrate ruled the childs issues stem from the mother and no evidence was presented that it was in the best interest to terminate or restrict the fathers rights. They just got a letter in the mail on 10/13 requesting a continuance as a date was for 10/14, but moved to 11/13. when pulled up the court records from the county website an objection was filed 14 days after the magistrates decision. What is typically the process for this? is it just a judge reviewing the evidence presented or can they submit "new" evidence?

[Ohiogal]

You are a friend?
What happens is that the objecting side requests the transcripts and briefs all the errors made by the magistrate. The non-objecting side gets a chance to either cross-object or respond with a brief of their own based upon the record. That also should stay the magistrate's decision and keep things as they were before the ruling. If the judge sustains the objection, the objecting side wins. If the judge overrules the objection, the non-objecting side wins. Either side can then appeal the judge's ruling to the court of appeals if it is a final appealable order.

[Taxing Matters]

is it just a judge reviewing the evidence presented or can they submit "new" evidence?

No new evidence gets submitted. This is a challenge of the magistrate’s decision; a claim that the magistrate made an incorrect decision given what the law provides and the evidence that the magistrate had available to him/her.

[mrsAF15]

This is the same magistrate that ruled against the mother 2 years ago when she took him to court and tried to termiate and restrict his rights and the magistrate denied her claims and charges. Does he or his atty have to be there? So is this a burden of proof from the objecting side?