Edwards v. Spraggins, Unpublished Decision (5-17-2005)
Edwards v. Spraggins, Unpublished Decision (5-17-2005)
Opinion of the Court
{¶ 3} "There are no formal parenting times order and all parenting times shall be at the sole discretion of the residential parent."
{¶ 4} Throughout the proceedings before the trial court, appellee was the residential parent of the child and appellant was incarcerated.
{¶ 5} On June 1, 2004, appellant filed a motion for visitation with the child, and a separate motion for appointment of counsel. Appellant also filed an affidavit of indigency with the trial court.
{¶ 6} On June 1, 2004, via two separate judgment entries, the trial court addressed appellant's motions. The trial court denied appellant's motion for appointment of counsel, stating said motion was civil in nature and the court is not obligated to appoint counsel.
{¶ 7} As to the visitation issue, the trial court, via separate entry, held:
{¶ 8} "The defendant asserts the judgment entry contained nothing about visitation at all. This is erroneous. The judgment entry of April 30, 2004, specifically stated that all parenting times shall be at the sole discretion of the residential parent.
{¶ 9} "This Court has consistently held that taking a child to a prison facility is not in the child's best interests. Appellate courts confirm this decision. See e.g. Calhoun v. Calhoun (1996), Fayette Co. 12th District Case No. 95-11-24 (unreported).
{¶ 10} "More particularly in this case, the residential parent has asserted the defendant has made threats to harm her and her child.
{¶ 11} "Therefore, the Court denies the defendant's petition for visitation and he may file a motion for parenting times after his release from prison."
{¶ 12} Appellant now appeals the trial court's two separate June 1, 2004 judgment entries, assigning as error:
{¶ 13} "I. Defendant is entitled to visitation with his child pursuant to (tobenz v. brill) (1993) (auglaize) 624 N.E. 2D 265. noncustodial parent's right to visitation with his child is a natural right should be denied under extraordinary circumstances, such as unfitness of noncustodial parent, or showing that visitation with noncustodial parent would cause harm to the children. Pettry v. Pettry No. 47896
{¶ 14} "II. Defendant was denied appointment of counsel, when the law states that, the defendant is obligated to provide legal assistance in parental matters affecting ther [sic] children so as to be able to be represented in court. it also concluded that maintenance of parenthood is a fundamental right which is entitled to protection under the constitution. gover v. johnson 850 federal supplement 592. both of these case laws are under the same case law."
{¶ 16} A trial court's decision concerning visitation rights will not be reversed on appeal except upon a finding of an abuse of discretion.Booth v. Booth (1989),
{¶ 17} This court recognizes "[a] noncustodial parent's right of visitation with his children is a matter of natural right and should be denied only under extraordinary circumstances." Pettry v. Pettry (1984),
{¶ 18} In this case, appellant failed to present any evidence demonstrating visitation is in the child's best interest. To the contrary, the trial court noted appellee's assertion appellant made threats of harm to her and the child, and the court properly considered these threats in light of appellant's incarceration. Thus, we find the trial court's denying appellant visitation is not arbitrary, unreasonable, or unconscionable.
{¶ 19} The first assignment of error is overruled.
{¶ 21} Appellant initiated this action in the Licking County Court of Common Pleas, Domestic Relations Division. As such, the action is civil in nature, and the trial court did not err in denying appellant's motion for appointment of counsel. Bratcher v. Bratcher, October 31, 2001, Wayne County App. No. 01CA0014.
{¶ 22} Appellant's second assignment of error are overruled.
{¶ 23} Based on the above, both June 1, 2004 judgment entries of the Licking County Court of Common, Domestic Relations Division, are affirmed.
Hoffman, P.J. Wise, J. and Edwards, J. concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.