2014 Ohio 3862
Ohio Ct. App.2014Background
- Parker and French married in 2006; their child Brogan Xavier Parker was born in 2007 and Parker acted as the child’s father.
- DNA testing in 2011 showed Parker is not the child’s biological father; dissolution of marriage occurred in August 2011.
- During marriage Parker regularly had parenting time with Brogan on alternate weekends.
- French remarried in July 2012 and advised the child that Parker was not his biological father; Parker had previously exchanged parenting time.
- Parker filed a juvenile-court complaint seeking custody and visitation under R.C. 2151.23(A)(2) and (F)(1); the parties stipulated Parker was not seeking custody and Jones/French was not an unsuitable parent.
- The juvenile court dismissed Parker’s complaint for lack of jurisdiction, and the trial court’s judgment was affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether juvenile court has jurisdiction under RC 2151.23(A)(2) for nonparent visitation. | Parker contends the juvenile court has jurisdiction under RC 2151.23(A)(2). | Jones argues visitation is distinct from custody and the statute does not give juvenile court jurisdiction when custody is not at issue and parent is suitable. | No jurisdiction; RC 2151.23(A)(2) does not authorize nonparent visitation when custody is not sought and parent is suitable. |
Key Cases Cited
- Rowell v. Smith, 133 Ohio St.3d 288 (2012-Ohio-4313) (limits jurisdiction to what statute provides; temporary visitation noted in specific Rowell context)
- In re Gibson, 61 Ohio St.3d 168 (1991) (visitation and custody are distinct concepts; lack of custody jurisdiction does not imply visitation power under same statute)
- Smiley v. Prison Official, Inc., 2014-Ohio-1100 (4th Dist. Ross No. 13CA3408) (illustrates non-jurisdiction cannot be conferred by agreement)
- Cheap Escape Co., Inc. v. Haddox, 2008-Ohio-6323 (Ohio Supreme Court) (litigants cannot vest subject-matter jurisdiction by agreement)
- Stetter v. R.J. Corman Derailment Servs., L.L.C., 2010-Ohio-1029 (125 Ohio St.3d 280) (court policy-making limits; legislative policy control)