In re C.J.
2011 Ohio 3366
Ohio Ct. App.2011Background
- Dependency found for Campbell's three children; Bateman obtained custody and signed a visitation understanding allowing residual rights including visitation; Campbell later lost legal custody to Bateman; trial court awarded Campbell two hours/month of supervised visitation at Stepping Stones; Stepping Stones provides extensive supervision and monitoring; court found visitation could benefit S.J. and that safety measures were adequate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the visitation order an abuse of discretion? | Bateman argues Campbell is unsuitable; visitation would harm S.J. | Court weighed best interests; supervised visitation mitigates concerns | No abuse; visitation granted in best interests |
| Is supervised visitation at Stepping Stones in S.J.’s best interests? | Campbell’s past and lack of contact render visitation unfit | Totality of circumstances supports limited, supervised visitation | Yes, in best interests; consistent with safeguarding conditions |
Key Cases Cited
- In re Carpenter, 2002-Ohio-509 (Ohio App. 4th Dist. 2002) (abuse-of-discretion standard in visitation)
- In re B.P., 2010-Ohio-6458 (Ohio App. 4th Dist. 2010) (unsuitability relevant to custody but not per se bar to visitation)
- State v. Adams, 62 Ohio St.2d 151 (1980) (abuse of discretion definition and standard)
- Pons v. Ohio State Med. Bd., 66 Ohio St.3d 619 (1993) (abuse-of-discretion framework and discretion limits)