In re A.V.O.
2012 Ohio 4092
Ohio Ct. App.2012Background
- LCCS filed complaints on May 19, 2010 alleging A.O. and N.H. were abused, neglected and dependent; O.H. and A.H. were neglected and dependent.
- A.O. and N.H. were adjudicated abused/neglected/dependent; O.H. and A.H. were neglected/dependent.
- A.O. was placed with maternal grandmother; N.H., O.H., A.H. with paternal grandfather; custody motions sought legal custody to grandparents.
- Magistrate recommended legal custody to maternal grandmother for A.O. and paternal grandfather for the boys; trial court adopted.
- Mother objected to the magistrate’s decision; trial court overruled objections; this appeal followed with two assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was failure to require a statement of understanding plain error? | Mother argues R.C. 2151.353(A)(3) requirement was not satisfied. | LCCS contends the requirement may be inapplicable under 2151.415(3). | Plain error not shown; no reversible error found. |
| Was the trial court’s custody decision supported by the evidence (best interests) or against the weight of the evidence? | Mother contends children should have been returned to her custody. | Grandparents were appropriate custodians and in best interests of children. | Court affirmed; custody to grandmother for A.O. and grandfather for N.H., O.H., A.H. was not against the weight of the evidence. |
Key Cases Cited
- In re B.J., 2012-Ohio-3127 (We are told this is a 12th Dist. case (Ohio)) (supports consideration of testimony and custodial commitments without explicit written statements)
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (1997) (plain-error standard in criminal appeals applies to structural errors in reviewing trials)
- In re D.R., 2003-Ohio-2852 (9th Dist.) (best interests standard governs custody decisions after adjudication)
- In re C.R., 108 Ohio St.3d 369 (2006) (syllabus: best interest standard governs post-adjudication custody determinations)
- In re Fulton, 2003-Ohio-5984 (12th Dist.) (best interests framework for custody; relatives as custodians considered within that framework)
- In re R.K., 2012-Ohio-2739 (5th Dist.) (addressed questions of standards for guardianship/custody and preservation of parental rights)