Court of Appeals of Ohio, Twelfth District, Butler
FROM BUTLER COUNTY COURT OF COMMON PLEAS DOMESTIC RELATIONS
DIVISION Case No. DR 14090892
Marie Lott, plaintiff-appellant, pro se.
J. Schiavone IV, for defendant-appellee.
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
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
7} Assignment of Error No. 2:
8} DOMESTIC RELATIONSHIP [SIC] COURT ERRED BY
DENYING APPELLANT'S MOTION TO TERMINATE RIGHTS TO
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
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, ¶ 6. In determining whether a
modification is in the child's ...