In re H.P.
2021 Ohio 4446
Ohio Ct. App.2021Background:
- Lucas County Children’s Services filed a dependency/neglect complaint April 25, 2016; legal custody of H.P. Jr. (born 7/27/2010) was awarded to maternal aunt and uncle (H.F. and A.F.).
- A November 13, 2017 juvenile-court order denied father (appellant) any parenting time because of ongoing mental-health issues and required documentation that his mental health had been stabilized for at least six months before visitation could be granted.
- Father filed a pro se “Motion to Modify Parental Rights and Responsibilities” on Nov. 9, 2020, effectively seeking parenting time/visitation.
- The magistrate ordered a urine screen and a home study; LCCS reported father failed the urine screen (alcohol and diluted creatinine) and refused treatment, preventing the home study.
- After an evidentiary hearing the magistrate denied father’s motion; father objected (requesting that his son be evaluated by father’s psychiatrist), but the juvenile court independently reviewed and adopted the magistrate’s decision on May 10, 2021.
- Father appealed, arguing the denial was an abuse of discretion and contrary to the child’s best interests; no other party filed a brief. The appellate court affirmed and assessed appeal costs to father.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court abused its discretion in denying father’s motion for parenting time | Father: denial was against the manifest weight of the evidence; visitation serves child’s best interest; father has stable income and lives nearby | LCCS/Custodians: father has a long history of serious, unaddressed mental-health issues; he failed a urine screen, refused treatment, and the child is fearful; 2017 order requires six months of documented stabilization | Court: Affirmed — no abuse of discretion; court properly applied best-interest factors and reasonably prioritized father’s mental-health status and child’s safety; required further stabilization before visitation |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (standard for appellate review of factual findings and credibility; abuse-of-discretion review)