Albert v. Lewis, Unpublished Decision (1-7-2004)
Albert v. Lewis, Unpublished Decision (1-7-2004)
Opinion of the Court
{¶ 3} It is from this judgment entry mother appeals, raising the following assignments of error:
{¶ 4} "I. Trial court erred and abused its discretion when it failed to fully and adequately review the factors as set forth in Ohio Revised Code Section 3109.05.1(d).
{¶ 5} "II. The trial court erred and abused its discretion by failing to afford the defendant-appellant's parental decision material or special weight.
{¶ 6} "III. The trial court erred and abused its discretion under the 14th amendments due process clause by granting grandparent visitation rights.
{¶ 7} "IV. The trial court erred in failing to dismiss the motion for grandparent visitation rights."
{¶ 9} R.C.
{¶ 10} "(B)(1) In a divorce, dissolution of marriage, legal separation, annulment, or child support proceeding that involves a child, the court may grant reasonable companionship or visitation rights to any grandparent, any person related to the child by consanguinity or affinity, or any other person other than a parent, if all of the following apply:
{¶ 11} "(a) The grandparent, relative, or other person files a motion with the court seeking companionship or visitation rights.
{¶ 12} "(b) The court determines that the grandparent, relative, or other person has an interest in the welfare of the child.
{¶ 13} "(c) The court determines that the granting of the companionship or visitation rights is in the best interest of the child.
{¶ 14} "(2) A motion may be filed under division (B)(1) of this section during the pendency of the divorce, dissolution of marriage, alimony, annulment, or child support proceeding or, if a motion was not filed at that time or was filed at that time and the circumstances in the case have changed, at any time after a decree or final order is issued in the case."
{¶ 15} Pursuant to R.C.
{¶ 16} Because a disruptive precipitating event never occurred and the juvenile court never exercised jurisdiction over Chelsea, we find the trial court lacked jurisdiction over the matter. Grandfather's motion for grandparent visitation was not made in conjunction with any divorce, dissolution of marriage, legal separation, annulment, or child support proceeding involving a child.
{¶ 17} Mother's fourth assignment of error is sustained.
{¶ 19} The judgment of the Morgan County Court of Common Pleas, Juvenile Division, is vacated and grandfather's motion for visitation is dismissed.
Hoffman, P.J., Wise, J. and Boggins, J. concur.
Reference
- Full Case Name
- Larry Albert v. Angela K. Lewis
- Cited By
- 1 case
- Status
- Unpublished