2016 Ohio 1261
Ohio Ct. App.2016Background
- J.M. (former husband) and A.M. (former wife) were foster parents to two children; A.M. later adopted the children in Franklin County in July 2012.
- The parties divorced in January 2012; after the adoption the children lived with A.M., but J.M. alleges ongoing parental role, regular visitation, and financial support.
- J.M. filed a complaint in Clark County Juvenile Court seeking visitation and later moved to amend to request shared parenting (with interim visitation).
- The magistrate and juvenile court questioned jurisdiction given J.M. is not a legal parent and because of the Franklin County adoption; the juvenile court dismissed the action for lack of jurisdiction.
- A.M. argued the Franklin County court retained jurisdiction under R.C. 2151.417; the appellate court found no evidence Franklin County retained jurisdiction and concluded the Clark County court nonetheless lacked subject-matter jurisdiction over shared parenting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether juvenile court may award visitation to a non-parent as sole relief | J.M.: visitation appropriate because he acted as a parent and maintained relationship | A.M.: juvenile court lacks jurisdiction to grant visitation-only relief | Held: Juvenile court lacks jurisdiction to grant visitation-only under R.C. 2151.23(A)(2) (dismissal of visitation claim affirmed) |
| Whether juvenile court has jurisdiction to adjudicate a shared parenting request by a non-parent after adoption | J.M.: adoption did not extinguish his parent-child relationship; shared parenting justified | A.M.: adoption and lack of legal parent status preclude shared-parenting claim; Franklin County retains jurisdiction | Held: R.C. 3109.04 governs shared parenting and applies to "parents"; J.M. is not a statutory parent, so court lacked subject-matter jurisdiction over shared parenting |
| Whether Franklin County retained jurisdiction over custody/visitation post-adoption | J.M.: Clark County action was proper | A.M.: Franklin County retained continuing jurisdiction under R.C. 2151.417 | Held: R.C. 2151.353 allows retention but does not require it; record shows Franklin County did not exercise retention, so that argument fails |
Key Cases Cited
- In re Gibson, 61 Ohio St.3d 168 (establishes juvenile court lacks authority to grant visitation-only relief)
- In re Perales, 52 Ohio St.2d 89 (juvenile courts can decide custody disputes between a parent and non-parent under statute authorizing such jurisdiction)
- In re Bonfield, 97 Ohio St.3d 387 (shared parenting statute refers to "parent"; non-parents not entitled to allocation of parental rights under R.C. 3109.04)