Liston v. Pyles

In Liston v. Pyles, 10th Dist. No. 97APF01-137, 1997 Ohio App, the parties had been involved in a relationship. Id. at 1. They had a son, Connor, of whom appellee was the biological mother. Id. Eventually, appellant severed the relationship with appellee. Id. at 2. Appellant then brought a complaint seeking to provide child support for the boy, and visitation rights pursuant to R.C. 3109.051. Id. at 2. The trial court dismissed the child support complaint, since appellant could not be legally obliged to pay support for the child, not being a parent. Id. at 2. It further concluded that, without a child support proceeding pending, there was no R.C. 3109.051 proceeding to which a claim for visitation could attach. Id. at 2-3. Consequently, the trial court dismissed the visitation complaint. Id. On appeal, the Tenth District affirmed. Liston at 22-23. Its summary of the legal situation is instructive: "Appellant does not have standing to seek visitation, because none of the requisite proceedings listed in R.C. 3109.051 exist in this case. There does not exist a divorce, dissolution of marriage, legal separation, or annulment in this matter that involves Connor. Moreover, as previously determined in our discussion of appellant's third assignment of error, there does not exist a proper 'child support proceeding' that involves Connor, for the simple fact that appellant does not have an obligation to pay child support insofar as she is not the biological//natural and/or adoptive mother of Connor." Liston at 9. The Court held that a claim for visitation could not be maintained when the underlying support claim was not "proper." That case is distinguishable. Liston involved a dispute between two homosexual partners. When the partners separated, the one partner filed a complaint for support and visitation against the other, deemed the "biological" parent. The court dismissed the underlying support complaint on the grounds that the appellee did not have standing to initiate a complaint for support, not being the child's adoptive or biological parent. Id. at 8.