Marinella v. Marinella
2013 Ohio 2932
Ohio Ct. App.2013Background
- Mother seeks supervised parenting time; court orders unsupervised time for Father; psychologist and GAL recommended unsupervised parenting time; evidence showed no incidents of harm by Father; Father has ongoing psychotherapy and accountability/thematic therapy; Mother appeals the unsupervised order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether unsupervised parenting time is just and reasonable | Marinella argues unsupervised time risks children. | Marinella argues evidence supports unsupervised time. | Not an abuse of discretion; unsupervised time affirmed. |
Key Cases Cited
- H.R. v. L.R., 181 Ohio App.3d 837 (10th Dist. 2009) (trial court may weigh expert testimony on parenting time)
- In re A.J.B., 2011-Ohio-6176 (2d Dist. Miami No. 11CA006) (courts defer to trial court on parenting-time decisions)
- Appleby v. Appleby, 24 Ohio St.3d 39 (1986) (child's best interest governs parenting-time decisions; appellate deferential review)
- Szymczak v. Tanner, 2012-Ohio-540 (9th Dist. Medina No. 10CA0101-M) (weight of evidence standard for parental-time orders)
- Berk v. Mathews, 53 Ohio St.3d 161 (1990) (abuse of discretion requires sound reasoning by trial court)
- AAAA Enterprises, Inc v. River Place Community Redevelopment, 50 Ohio St.3d 157 (1990) (unreasonable, arbitrary, or unconscionable decisions constitute abuse of discretion)
- L.R. v. H.R., 181 Ohio App.3d 837 (10th Dist. 2009) (recognizes appellate review of expert-opinion credibility)