Facemyer v. Facemyer

Summary

The Ohio Seventh District Court of Appeals affirmed the termination of Gregory Facemyer’s parenting time with his seventeen-year-old daughter. The court held that the trial court sufficiently found, by clear and convincing evidence, extraordinary circumstances establishing that visitation would harm the child and that termination was in her best interest. The appeal followed an earlier remand requiring the trial court to make the extraordinary-circumstances finding.

Holdings

1. A trial court may terminate a nonresidential parent's visitation rights when the party opposing visitation proves by clear and convincing evidence an extraordinary circumstance, including that visitation would cause harm to the child. The trial court made that required finding here by determining that visitation would cause the minor child psychological harm through high anxiety, stress, and distress.
2. After finding extraordinary circumstances, the trial court properly considered the factors in R.C. 3109.051(D) and determined that terminating the father's visitation was in the minor child's best interest.
3. The trial court did not abuse its discretion by terminating the father's visitation rights.

Questions Presented

1. Whether the trial court abused its discretion by terminating the father's visitation rights without legally sufficient extraordinary circumstances.
2. Whether the trial court complied with the prior remand by finding clear and convincing evidence of extraordinary circumstances and considering the statutory best-interest factors.

Disposition

affirmed