WLWT obtained court documents that show Jake Wagner filed for custody of their daughter, Sophia, on April 28, 2016, six days after the murders. Sophia was two years old at the time and the only child belonging to any of the victims who was not present during the slayings.
In an affidavit signed by Jake Wagner, he said he and Hanna Rhoden had "approximately equal time with Sophia since her birth."
"Although Hanna and I were never married, one child was born during our co-habitation and exclusive romantic relationship, namely: Sophia May Wagner, born 11/18/2013 in Portsmouth, Scioto County, Ohio," the affidavit states.
Jake Wagner wrote, "During our 2013 to 2015 co-habitation and exclusive romantic relationship, Hanna and I lived in either the home of my Mother or her Mother. At that time, Hanna continued to attend school and did not work and I worked on my family's farm as well as drove an eighteen-wheeler, which I share with my Brother. In late March 2015, Hanna decided that I worked too much and that I did not have enough time for her. Therefore, Hanna ended our co-habitation and exclusive romantic relationship. Hanna and I continued a non-exclusive romantic relationship while we shared the parenting of Sophia."
Jake Wagner said that Hanna told him in August, 2015 that she was pregnant with her second child. "I was happy even though Hanna explained to me that she could not be sure that the baby was mine," Jake Wagner said.
According to the affidavit, "In late September 2015, Hanna decided that she and I would not continue any romantic relationship while we continued to share the parenting of Sophia."
Jake Wagner's mother, Angela Wagner, signed a similar affidavit.
Jake Wagner was granted temporary custody of Sophia on May 4, 2016.
On June 16, 2016, a court entry was filed by Pike County Juvenile Court Judge Robert Rosenberger granting that reads, "After presentation of the evidence, the Court finds that there has been a change in the circumstances of the child and/or custodial parent, specifically: the Mother, Hanna May Rhoden is deceased; and that changing the residential parent and legal custodian is in the best interests of the child."