Moshos v. Moshos, Unpublished Decision (9-17-2004)
Moshos v. Moshos, Unpublished Decision (9-17-2004)
Opinion of the Court
{¶ 2} Daniel retained custody and allowed the Appellee, Sylvia Gosnell, the children's maternal grandmother, to have occasional visits with the children between 1999 and 2001. However, Sylvia began to undermine Daniel's authority, and she allowed Gabrielle to be present during these visits. Daniel terminated the children's contact with Sylvia and refused to allow any further visits.
{¶ 3} In August 2002, Sylvia moved the Court of Common Pleas, Domestic Relations Division, to allow grandparent visitation. After a hearing and an interview with the children, the court denied Sylvia's motion to allow visitation but granted "telephone access" via five minute phone calls every two weeks. Daniel file a timely notice of appeal.
{¶ 5} Sylvia declined to file a reply brief in this appeal. App. R. 18(C) states that if an appellee fails to file a brief, we may accept the appellant's statement of facts and issues as true and reverse the trial court if the brief "reasonably appears to sustain such action."
{¶ 6} Daniel argues that the trial court abused its discretion when it awarded Sylvia telephone access, after denying visitation, without having found that it was in the best interest of the children.
{¶ 7} A trial court's decision on visitation involves an exercise of discretion and we review the decision for an abuse of that discretion. Johntonny v. Malliski (1990),
{¶ 8} A grandparent's visitation rights are governed by statute. In re Martin (1994),
{¶ 9} The trial court overruled Sylvia's Motion for Visitation with the children after a thorough and systematic analysis of R.C.
{¶ 10} A trial court must find that all three R.C.
{¶ 11} The court's order allowing Sylvia telephone access is reversed and the case is remanded to the trial court for further proceedings consistent with this opinion.
Fain, P.J. and Walsh, J. concurs.
Hon. James E. Walsh, Court of Appeals, Twelfth Appellate District, sitting by assignment of the Chief Justice of the Supreme Court of Ohio.
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