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OH Parent needs help in appealing Forced GPV

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rmet4nzkx

Senior Member
tigger22472 said:
Thanks for stating that cuz I really didn't want to look and see what Ohio case law was saying..LOL I had other things to do but I seriously wondered what Ohio Supreme Court was ruling.
There is nothing appealable and Ldij didn't give a citation, considering she totally missed the fact that dad and GP live together are you going to trust her interpretation?
 

BelizeBreeze

Senior Member
When a jurisdictional question does not involve a factual dispute, its determination is a matter of law, which requires an appellate court to reach a conclusion independent from the decisions made by the inferior courts.

There was once a time when I allowed unsupervised visitation with her grandfather, but he continually allowed his son to expose his drunken violent behavior in front of my daughter (without my knowledge), so I stopped visitation at his home when I accidently caught them in the act

He waited 10 months then filed suit against me for GPV and lied to the court stating that I denied him access to his granddaughter. He stated in court that he has a "God given right to visit with his granddaughter no matter what I say"...the court agreed with him.

She was already in violation of the visitation order.

Now, I suggest everyone go read IN THE COURT OF APPEALS TWELFTH APPELLATE DISTRICT OF OHIO LORA BAKER v. KEVIN BAKER, et al.,
 

janM

Member
Ohio recently awarded grandparent visitation to a couple who had raised their granddaughter for about 5 years until their daughter died and dad filed for, and received, custody (if I have my facts right). The basis was that there was an established relationship and bond with the GP's and the child.

I agree that this judge (magistrate?) was remiss in denying mom any weekend or holiday time.

Also, I believe the first step before an appeal in Ohio is an "objection" which is reviewed by the judge after the magistrate's decision. An appeal has to go to the appeals court in that district.

I do know that Ohio places priority on parents' rights over the GP's wishes and stress re-unification when the GP's have raised the child(ren) for a time.
 

zeuss

Member
The more I read the threads to this the more upset I got. An objection filed within 21 days I thought was the first step. It was stated several times that the "father" did not exercise his visitation rights so if the mother has not allowed the child to go over to the grandparents house what is she in violation of? Does your order state that you have to provide the transportation for the "fathers" visits also? If not, then does he just not show up when it's time for his weekends? From my own experience only, don't ever think that a Grandparent wouldn't put there grandchild in a harmful situation because it does happen! Why? Who knows why they would defend there child who is doing wrong instead of protecting their grandchild who is young and doesn't know certain behavior is wrong. The only thing they are teaching there child is how "not" to be responsible for there own actions. Most people would have the common sense to use "tough love" but there are some that don't.
If my opinion counts for anything, I think your doing the right thing, file an objection, protect your very young daughter. Does Ohio have Friend of the Court?
 

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