Ohio: Same Sex Couple Argue about Which Court Can Grant Child Visitation Rights - BY: Tanya L.

Link for opinion: https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2012/2012-ohio-4313.pdf (Supreme Court Decision)

http://www.supremecourt.ohio.gov/rod/docs/pdf/10/2011/2011-ohio-2809.pdf

(Court of Appeals Decision)

 The Ohio State Supreme Court reversed the judgment from the Court of Appeals to reinstate the Trial Court’s original Order in Rowell v. Smith, 133 Ohio St.3d 288, 2012-Ohio-4313.

Julie Ann Smith gave birth to a daughter with artificial insemination by an unknown man. Julie Ann Smith was in a relationship with Julie Rose Rowell. Several years later the relationship ended and Rowell petitioned a juvenile court for shared custody and a temporary order granting her companionship time with the child.

A magistrate granted the order, and Smith moved to have the order set aside. The juvenile court granted Smith’s motion, but issued another temporary order that again granted Smith and Rowell shared custody. Shortly thereafter, a modification was issued making Smith the child’s legal custodian and residential parent and granting Rowell visitation rights.

Smith did not comply with the order arguing the court did not have jurisdiction to order visitation rights to Rowell. A motion for contempt of court was filed by Rowell. The trial court found Smith in contempt and held that it did have the authority to issue temporary orders.

The Court of Appeals reversed the finding of contempt. This case continued between Smith and Rowell for two years until the Supreme Court issued their judgment.

The Supreme Court held in exercising its jurisdiction under R.C. 2151.23(A)(2), a juvenile court may issue a temporary visitation orders that are in the best interest of the child during the litigation. Judgment reversed.