In re K.D.
2017 Ohio 4161
Ohio Ct. App.2017Background
- Parents divorced; children K.D. (b.2009) and N.D. (b.2011) were removed from Mother’s care after allegations of Mother’s mental-health issues, substance abuse, housing instability, and excessive discipline. CSB filed dependency/neglect complaint; parents waived adjudication.
- Children placed in temporary custody of Summit County Children Services Board; agency adopted a reunification case plan for Mother. Both Father and CSB moved for legal custody to Father.
- At a multi-day dispositional hearing the magistrate awarded legal custody to Father; Mother objected. The juvenile court overruled objections on custody but modified visitation to allow supervised neutral-site visits of “at least one hour” if parties could not agree, without specifying frequency or defining “neutral site” or “appropriate adult.”
- Evidence at hearing: Father consistently complied with case-plan requirements (drug screens negative, parenting classes completed, stable housing and employment, arranging counseling for children). Mother largely failed to comply (missed/ refused random drug screens, limited engagement in substance-abuse treatment, recent and minimal mental-health counseling, anger/parenting classes not completed, housing concerns, courtroom outbursts). Children expressed preference to live with Father.
- Guardian ad litem and caseworker recommended legal custody to Father for stability and permanence; juvenile court found legal custody to Father in children’s best interest.
Issues
| Issue | Mother’s Argument | Father/CSB’s Argument | Held |
|---|---|---|---|
| Whether awarding legal custody to Father was against the manifest weight of the evidence | Mother: custody award was not supported by evidence; she could parent if given chance | Father/CSB: Father complied with case plan, can provide stability; Mother failed to engage in services and has substance/mental-health concerns | Court: custody award affirmed — not against manifest weight; best interest favors Father |
| Whether visitation order (requiring parental agreement and, if none, unspecified “at least one hour” supervised neutral-site visits) abused discretion | Mother: order unworkable and allows Father to veto visitation; vague as to frequency and undefined terms | Father/CSB: (implicit) restrictive/supervised visitation appropriate given concerns and hostility | Court: visitation order reversed as an abuse of discretion for being vague and unreasonable; remanded for clearer visitation terms |
Key Cases Cited
- Eastley v. Volkman, 132 Ohio St.3d 328 (2012) (standard for reviewing manifest-weight-of-evidence claims)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse-of-discretion standard defined)
- Pons v. Ohio State Med. Bd., 66 Ohio St.3d 619 (1993) (appellate court will not substitute its judgment for trial court under abuse-of-discretion review)
- Davis v. Flickinger, 77 Ohio St.3d 415 (1997) (parental companionship with both parents is generally in child’s best interest)