2022 Ohio 2913
Ohio Ct. App.2022Background:
- BCDJFS filed July 29, 2019, alleging A.W. was abused/dependent after mother tested positive for cocaine at birth; father's identity unknown initially.
- A.W. was placed with foster parents at hospital discharge (4 days old) and remained continuously in their care; he was adjudicated abused and the agency obtained temporary custody.
- Father established paternity in Oct. 2020, was added to the case plan, had only a few supervised visits (3–4) and none for most of 2021 until he produced clean drug screens in Oct. 2021; he never filed a custody motion and asked for custody only at the final hearing.
- Foster parents moved for legal custody, presented evidence of strong bonding and that they met A.W.'s medical/special needs from in utero exposure; mother did not oppose foster placement.
- Magistrate found legal custody to the foster parents was in A.W.'s best interest; juvenile court overruled father’s objections and granted legal custody to the foster parents; father appealed.
Issues:
| Issue | Father’s Argument | Opposing Argument | Held |
|---|---|---|---|
| Whether awarding legal custody to foster parents was proper | Court failed to properly apply and weigh R.C. 3109.04(F); father can parent (raised two adult children) and agency/GAL ignored him; many negative factors stem from agency actions | Court considered best-interest factors; child bonded to foster parents since infancy; father had minimal contact, substance-abuse issues, delayed paternity and did not seek custody earlier | Affirmed: no abuse of discretion; legal custody to foster parents supported by preponderance and best-interest analysis |
| Whether court erred by not ordering a specific visitation schedule | Father needed a specific, court-ordered schedule to secure visitation rights | R.C. and precedent do not require a specific schedule; juvenile court allowed visitation at foster parents’ discretion to ensure safety given child’s young age and limited bond with father | Affirmed: court did not abuse discretion in leaving schedule to foster parents’ discretion |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (defines abuse-of-discretion standard for appellate review)
- Miller v. Miller, 37 Ohio St.3d 71 (1988) (urges deference to trial court custody determinations)
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (sets standards for manifest-weight review)
- In re C.R., 108 Ohio St.3d 369 (2006) (distinguishes legal custody from permanent custody; legal custody does not terminate parental rights)