2014 Ohio 266
Ohio Ct. App.2014Background
- May 14, 2012, Holmes County Dept. of Job and Family Services granted temporary custody of K.G. and M.W. after abuse allegations against their grandmother.
- Grandmother admitted abuse at a May 30, 2012 hearing and stated she did not want custody restored.
- June 26, 2012, both parents admitted abuse; father was incarcerated.
- August 30, 2012, juvenile court denied J.G.'s motion for legal custody due to unstable housing and sporadic contact.
- Appellant moved to Akron; visits records show limited contact (May 2012: two visits; Jun-Sep 2012: none; Oct 2012 and Nov 2012: one visit each; Apr 2013: one visit).
- May 22, 2013, appellee filed for permanent custody; June 18, 2013, J.G. moved to transfer to Summit County, which the court overruled; July 25, 2013 hearing held.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether permanent custody based on abandonment was proper given grounds raised. | J.G. contends grounds for permanent custody were not properly limited to abandonment. | Holmes County argued abandonment was properly raised as a basis. | Abandonment properly raised; issue overruled. |
| Whether the court erred by denying transfer to Summit County and whether the permanent-custody decision was against the manifest weight of the evidence. | J.G. argues transfer should have occurred; statute supports transfer to Summit County. | Holmes County argues case remained in the county of temporary custody; weight of evidence supports custody for the agency. | Court did not err on transfer; judgment not against manifest weight. |
Key Cases Cited
- In re Fassinger, 42 Ohio St.2d 505 (Ohio Sup. Ct. 1975) (complaint must apprize the grounds for permanent custody.)
- In re Lane, 2003–Ohio–3755 (Ohio App. 4th Dist. 2003) (notice of allegations via motion; timely grounds required.)
- In re J.M., 2010-Ohio-1967 (Ohio App. 9th Dist. 2010) (grounds must be timely brought to the parent's attention.)
- In re Smith, 64 Ohio App.3d 773 (1990) (permanent-custody proceedings remain in the appropriate county.)
- State v. Schiebel, 55 Ohio St.3d 71 (1990) (clear and convincing standard; defer to trial court on credibility.)
- Cross v. Ledford, 161 Ohio St. 469 (1954) (defines clear and convincing evidence.)
- Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (1984) (credibility of witnesses for appellate review; deference to trial court.)