In re K.P.R., 197 Ohio App. 3d 193

Biological father of a 15-year-old challenges a juvenile court visitation order after the mother’s sudden death; the stepfather sought a set visitation schedule.
Mother died in August 2010; KP.R. remained in the father’s home during the process.
Stepfather moved in September 2010 for custody or visitation; magistrate issued a 14-page decision focusing on visitation under a basic schedule, not custody.
Record shows the father took belongings from the stepfather’s home after the mother’s death; the juvenile court ordered return of specific furniture items.
Both parties did not object to the magistrate’s decision when adopted by the juvenile court; father appeals raising six assignments of error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction to hear visitation vs custody	Father argues juvenile court lacks authority under R.C. 3109.11 to hear visitation since custody was not sought.	Stepfather argues the court properly exercised jurisdiction under 3109.11 due to a disruptive precipitating event (mother’s death).	Juvenile court had jurisdiction to consider visitation under 3109.11.
Standing as a relative under 3109.11	Father contends stepfather lacked standing as a relative to invoke 3109.11.	Stepfather is related by affinity as the mother’s spouse and remains a relative even after death/remarriage; standing exists.	Stepfather has standing as a relative; court could entertain visitation request.
Effect of objections waiver on appellate review	Father argues objections to magistrate’s findings were adequately raised via appeal.	Father waived most issues by failing to object below and by not raising plain error.	Most assignments are waived; relief limited to preserved issues.
Property/jurisdiction over decedent’s furniture	Juvenile court lacked jurisdiction to order disposition of decedent’s property between father and stepfather.	Property issues fall outside juvenile court’s jurisdiction; probate/estate rules apply.	Vacate the property-order; juvenile court lacked jurisdiction to order return of furniture.

Gibson v. Gibson, 61 Ohio St.3d 168 (Ohio 1991) (visitation and custody are related but distinct; nonparent visitation can be excluded from custody)
Miller ex rel. Lafountain v. McMichael, 2003-Ohio-6713 (Ohio App. 3d 2003) (probate/jurisdiction issues re: estate assets addressed in probate court, not juvenile court)
Goeller v. Lorence, 2006-Ohio-5807 (Ohio App. 9th Dist. 2006) (standing for relatives under visitation statute includes affinity relationships)