Braatz v. Braatz

The questions that have been certified for our consideration are (1) “Whether a moving party must demonstrate a change of circumstances for a trial court to modify its prior judgment regarding visitation? * * * At issue is whether R.C. 3109.04 or R.C. 3109.051 is applicable to a modification of visitation,” and (2) “Whether a trial court is required to set forth findings of fact and conclusions of law upon timely request in proceedings involving a modification of visitation.”

R.C. 3109.04 provides in pertinent part:

“(E)(1)(a) The court shall not modify a prior decree allocating parental rights…