2015 Ohio 3862
Ohio Ct. App.2015Background
- Stark County JFS filed a complaint (Sept. 18, 2013) alleging two children were dependent/neglected; mother Tina Ibrahim, father Marcello Howland.
- On Dec. 4, 2013 the children were placed in temporary custody with maternal grandmother Jennifer Lawson after a home study.
- Children removed from Lawson's care in April 2014 for corporal punishment (use of a belt), isolating children in rooms, and allowing a male friend to discipline them; Lawson assented to removal.
- JFS filed for permanent custody Oct. 9, 2014; hearing April 30, 2015; trial court awarded permanent custody to JFS and terminated parental rights (May 14, 2015).
- Lawson appealed, arguing the court erred by refusing to grant her legal custody given her completion of parenting classes and claimed efforts to change disciplinary methods.
Issues
| Issue | Plaintiff's Argument (Lawson) | Defendant's Argument (JFS) | Held |
|---|---|---|---|
| Whether trial court abused discretion in denying legal custody to maternal grandmother | Lawson argued she completed parenting classes, underwent home study, and was adapting discipline for special-needs children; thus legal custody was appropriate | JFS argued Lawson continued to use corporal punishment, permitted another adult to discipline the children, had a strained relationship with the mother, and experts opined she was not a safe placement | Court affirmed: no abuse of discretion — evidence supported denial of legal custody and award of permanent custody to JFS |
Key Cases Cited
- Nice v. Ohio Dept. of Human Servs., 141 Ohio App.3d 445 (7th Dist. 2001) (preponderance standard for legal custody decisions)
- Miller v. Miller, 37 Ohio St.3d 71 (1988) (custody determinations reviewed for abuse of discretion)
- Davis v. Flickinger, 77 Ohio St.3d 415 (1997) (trial judge has broad discretion in custody decisions)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (definition of abuse of discretion)