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Lott v. Naylor

Court of Appeals of Ohio, Twelfth District, Butler

December 28, 2017

GINA MARIE LOTT, Plaintiff-Appellant,
v.
RANDOLPH JAMES NAYLOR, Defendant-Appellee.

         APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS DOMESTIC RELATIONS DIVISION Case No. DR 14090892

          Gina Marie Lott, plaintiff-appellant, pro se.

          Frank J. Schiavone IV, for defendant-appellee.

          OPINION

          PIPER, J.

         {¶ 1} Plaintiff-appellant, Gina Lott ("Mother"), appeals a decision of the Butler County Court of Common Pleas, Domestic Relations Division, denying her motions to terminate visitation and access to medical records.

         {¶ 2} Mother filed a motion to terminate defendant-appellee, Randolph Naylor's ("Father"), visitation with two children who were born issue of the parties' marriage, as well as a motion to deny Father's access to the children's medical records. During the hearing on the matter, Mother played an audio recording during which Father and his new wife are heard speaking unkindly to the children.

         {¶ 3} Mother also claimed that Father should not have access to the children's medical records because part of the records documented one child's visit to a medical facility due to the child's allegation that Father sexually abused her.

         {¶ 4} The magistrate denied both of Mother's motions, finding that Mother had failed to prove that denying visitation or access to medical records was in the children's best interests. The magistrate noted that Mother had been found in contempt five times for failing to comply with various parenting orders, and that Mother agreed to the visitation schedule before it was previously adopted by the court. Mother filed objections to the magistrate's decision, and the trial court overruled each objection. Mother now appeals the trial court's decision, raising the following assignments of error. As the issues are interrelated, we will address both of Mother's assignments of error together.

         {¶ 5} Assignment of Error No. 1:

         {¶ 6} DOMESTIC RELATIONSHIP [SIC] COURT ERRED BY DENYING APPELLANT'S MOTION TO TERMINATE VISITATION RIGHTS.

         {¶ 7} Assignment of Error No. 2:

         {¶ 8} DOMESTIC RELATIONSHIP [SIC] COURT ERRED BY DENYING APPELLANT'S MOTION TO TERMINATE RIGHTS TO RECORDS.

         {¶ 9} Mother argues in her two assignments of error that the trial court erred in denying her motions to terminate visitation and Father's access to medical records.

         {¶ 10} Pursuant to R.C. 3109.051, a trial court is permitted to modify visitation rights if it determines that the modification is in the child's best interest. In re McCaleb, 12th Dist. Butler No. CA2003-01-012, 2003-Ohio-4333, ΒΆ 6. In determining whether a modification is in the child's ...


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