Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Helms v. Helms

Court of Appeals of Ohio, Second District, Champaign

May 12, 2017

MATTHEW T. HELMS Plaintiff-Appellee
v.
GENEVA L. HELMS (nka BRINKMAN) Defendant-Appellant

         Appeal from Champaign County Family Court No. 2010-DR-180

          MATTHEW T. HELMS, Plaintiff-Appellee-Pro Se

          GENEVA L. BRINKMAN, Defendant-Appellant-Pro Se

          OPINION

          TUCKER, J.

         {¶ 1} Geneva Helms (now known as Brinkman) appeals pro se from a judgment of the Champaign County Court of Common Pleas Family Court Division granting parenting time to her ex-husband Matthew Helms. She contends that the trial court abused its discretion by denying her request for restricted, supervised visitation. We conclude that the court properly exercised its discretion. Accordingly, the judgment of the trial court is affirmed.

         I. Facts and Procedural History

         {¶ 2} Helms and Brinkman have one minor child born of their marriage. The parties were divorced in 2011. Brinkman was granted sole custody of the child. Due to a significant period of time in which Helms and the child had no contact, Helms received restricted visitation consisting of six hours of supervised visitation every other Saturday.

         {¶ 3} In October 2015, Helms filed a motion to hold Brinkman in contempt with regard to parenting time. During a pretrial held on November 19, 2015, Helms made an oral motion to modify parenting time. At a final pretrial hearing in January 2016, Helms was granted parenting time "as the parties agree." The parenting time was ordered to be supervised by Helms' sister. On August 3, 2016, the parenting time was adjusted to unsupervised visitation for two hours every other Sunday.

         {¶ 4} On August 17, 2016, Brinkman filed an emergency ex parte motion to prevent Helms from exercising parenting time. Attached to the motion was a copy of a citation for operating a vehicle while under the influence of alcohol issued to Helms on June 19, 2016. The motion was denied, but the trial court issued an order requiring Helms to refrain from consuming, or being under the influence of, alcohol during his parenting time.[1]

         {¶ 5} Helms dismissed the motion for contempt. A hearing on the issue of modification of parenting time was conducted on September 20, 2016. Both parties appeared pro se.

         {¶ 6} Helms testified that he does not know much about the minor child, but wants more visitation in order to be a part of the child's life. He testified that the visitation with the child was going well. Helms admitted he was convicted of driving under the influence in June. He testified that he had been sober for over a year prior to the conviction, and that he does not drink around the child.

         {¶ 7} Helms' father, William Helms, testified that he was present for at least four of the visitations between Helms and the child. He testified that the visits were good and that there were no problems during visitation. He testified that Helms has matured, and that he is now a good father. He testified that it would be good for the child to spend time with Helms and his extended family. He also testified that the child is happy, and that Brinkman has done a good job raising the child.

         {¶ 8} Brinkman testified that she believes Helms has mental health issues that have not been addressed. She testified that Helms was violent with her during the course of their marriage, and that Helms informed her that he heard voices in his head.[2]She testified that the child is "wary" and "scared" of his father. Brinkman also testified that the child enjoys visitation with Helms. She testified that Helms' current wife has been referred to childrens' services in connection with her own children. Brinkman testified that the minor child has an anxiety disorder because of the "whole situation." She testified that she is worried about her child's safety with Helms.

         {¶ 9} A Guardian Ad Litem was appointed by the court. The GAL issued an initial report, filed on January 15, 2016, recommending that Helms be permitted, at most, supervised visitation as agreed to by Brinkman. The GAL noted that Helms ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.