Appleby v. Appleby

The issue presented in this cause is whether the trial court erred in modifying appellant’s visitation rights. We hold that appellant’s visitation rights were properly modified by the trial court and affirm the decision of the court of appeals.

Appellant avers that the lower courts erred because any modification of his visitation rights should be governed by R.C. 3109.04 and that the rules for determining when a court may modify a custody decree are equally applicable to modification of visitation rights. We do not agree. Modification of visitation rights is governed by R.C. 3109.05 and the…