May Court Grant Non-Relative Temporary Visitation With Child Against Natural Parent's Wishes While Custody Suit Is Pending?

Without Court First Finding That Fit Natural Parent Consented to Shared Custody

Julie Rose Rowell v. Julie Ann Smith, Case no. 2011-1053

Tenth District Court of Appeals (Franklin County)

ISSUE: When a non-relative has filed a petition for shared custody of a child in a juvenile court, and that petition is opposed by the child's natural parent, does the court have authority to issue an order directing the parent to temporarily allow visitation with the child by the non-relative while the custody case is pending, without the court first determining that the parent previously entered into a legally binding shared custody agreement with the petitioner?