In re G.S.
2016 Ohio 7471
Ohio Ct. App.2016Background
- In 2012 Summit County Children Services removed three children from Mother and Father; G.S. (the infant) was adjudicated dependent and placed with Paternal Grandparents by agreement of the parents.
- Paternal Grandparents obtained temporary, then legal custody of G.S.; Mother retained supervised visitation and was subject to a case plan.
- Paternal Grandparents later gave notice they would relocate to Texas for federal employment; they filed motions to modify visitation and child support.
- Mother and Maternal Grandparents objected and sought modification or legal custody; the juvenile court held hearings, received GAL input and mental-health evidence, and found a change in circumstances.
- The magistrate and juvenile court denied Mother’s motion for legal custody, overruled her objections, allowed expanded but supervised visitation (including up to five in-person visits/year and weekly audio-visual contact), and reduced Mother’s child support to $0 to facilitate travel.
- Mother appealed, raising due‑process, evidentiary (psych eval/GAL) and visitation hardship claims; the appellate court affirmed.
Issues
| Issue | Mother's Argument | Opposing Argument | Held |
|---|---|---|---|
| Whether retaining legal custody with Paternal Grandparents violated Mother’s substantive due‑process parental rights | Mother: her fundamental liberty interest was paramount; court should have favored restoring custody to parent | Court/Grandparents: this is a dependency case (R.C. 2151.23); Mother had been adjudicated unsuitable, so state may limit parental rights and apply R.C. 2151.42 standards | Court: No due‑process violation; dependency adjudication limited rights and modification followed proper statutory procedures |
| Whether the juvenile court improperly relied on an outdated psych evaluation and incomplete GAL inquiry | Mother: new psychologist’s report showed she can parent and the old report was outdated; GAL’s evaluation was incomplete | GAL/Court: GAL used evaluations for historical context, reviewed online information about homes; Mother impeded in‑person home visit | Court: No abuse of discretion; reliance on records and GAL assessment was appropriate under facts |
| Whether retaining custody was against the manifest weight / not in child’s best interest | Mother: evidence favored placement with mother or maternal relatives; visitation distance harms child–mother bond | Grandparents/GAL: child had lived with paternal grandparents 24+ months, was thriving, stability favored keeping placement; visitation accommodations available | Court: Retention of legal custody with Paternal Grandparents was not against manifest weight; best‑interest finding upheld |
| Whether the visitation order unreasonably burdened Mother given relocation and past grandparental conduct | Mother: grandparents previously complicated visitation and hid Texas location; more access or temporary custody to Maternal Grandmother should have been ordered | Grandparents/Court: visitation was expanded substantially, GAL recommended safeguards, child’s stability and practical travel limits considered | Court: No abuse of discretion; visitation expanded and safeguards imposed, child’s stability given greater weight |
Key Cases Cited
- Troxel v. Granville, 530 U.S. 57 (U.S. 2000) (parents have a fundamental liberty interest in custody and care of children)
- Washington v. Glucksberg, 521 U.S. 702 (U.S. 1997) (framework for substantive due‑process protections)
- In re Hockstok, 98 Ohio St.3d 238 (Ohio 2002) (distinguishes custody disputes under R.C. 3109.04 vs. R.C. 2151.23; parental unsuitability requirement)
- In re C.R., 108 Ohio St.3d 369 (Ohio 2006) (dependency adjudication implicates parental unsuitability and allows state intrusion on parental rights)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard)
- Pons v. Ohio State Medical Board, 66 Ohio St.3d 619 (Ohio 1993) (appellate review limits)
- State v. Otten, 33 Ohio App.3d 339 (Ohio Ct. App.) (manifest‑weight review standard)
- Miller v. Miller, 37 Ohio St.3d 71 (Ohio 1988) (standards for visitation and modification review)