In re A.J., 2017 Ohio 9134

Father (D.J.) is the biological father of two children (born 2013 and 2014). The mother had serious mental-health and substance-abuse issues and a history of domestic violence; she did not participate in dispositional proceedings.
Summit County Children Services (CSB) opened a voluntary case then filed an involuntary dependency case after the mother failed to comply; children were adjudicated dependent and placed in CSB custody.
During the case the children lived with relatives and ultimately with their paternal grandparents (Grandparents), who sought legal custody; Father alternatively moved for legal custody.
Father completed many case-plan tasks but repeatedly maintained a relationship with Mother and did not participate in joint counseling; incidents of domestic violence between Father and Mother continued during the proceedings.
The magistrate (after a multi-day hearing) and the juvenile court placed the children in the legal custody of Grandparents; Father appealed, raising two assignments of error.

Issue	Plaintiff's Argument (Father)	Defendant's Argument (CSB/Grandparents)	Held
Whether awarding legal custody to Grandparents was in the children’s best interest	Father argued he substantially complied with his case plan and should receive custody to preserve the parent–child bond	CSB, GAL, and Grandparents argued Grandparents provide a stable, safe home; Father’s ongoing relationship with Mother posed safety risks	Court affirmed legal custody to Grandparents as being in children’s best interest
Whether CSB failed to use reasonable case planning and diligent reunification efforts with Father	Father argued CSB did not make reasonable efforts to reunify him with the children	CSB and Grandparents maintained CSB provided appropriate services and supported legal custody to Grandparents	Issue forfeited: Father did not raise it below, so appellate court declined review (no plain-error argument)