2013 Ohio 5279
Ohio Ct. App.2013Background
- L.H. (born 2006) is child of Father-Appellant and Mother-Appellee; ongoing custody dispute.
- 2007-12-20, Children Services sought temporary custody to Grandmother-Appellee due to neglect/dependency.
- 2008-03-03, juvenile court adjudicated L.H. dependent; custody remained with Grandmother.
- 2009-08-12, court granted legal custody to Father; Grandmother’s motion for custody denied.
- 2012-01-16, hearing on Grandmother’s permanent custody and Mother’s shared parenting; 2013-02-04 judgment grants Grandmother custody for L.H.
- Father appeals, arguing lack of required change-of-circumstances findings and related errors; court reverses and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there a change of circumstances finding necessary? | Father argues no change-of-circumstances finding was made. | Grandmother contends modification can occur under applicable statutes. | Reversed for lack of change-of-circumstances finding; remanded. |
| If change existed, was the modification supported by the evidence? | Weight of evidence supported modification in Father’s favor. | Evidence supported Grandmother’s custody modification. | Premature to decide; remand precludes ruling on weight of evidence. |
| Was a parental unsuitability finding required before awarding custody to a non-parent? | Grandmother must prove Father unsuitable before non-parent custody. | In abuse/neglect cases no separate unsuitability finding is required. | No unsuitability finding required; third assignment overruled. |
| Was the best-interests determination and the weight of the evidence supported? | Best interests supported Grandmother’s custody. | Best interests not properly weighed given lack of change findings. | Remainder premature; remand to address change/weight issues. |
Key Cases Cited
- In re C.R., 108 Ohio St.3d 369 (2006-Ohio-1191) (no separate unsuitability finding required in abuse/neglect cases for nonparents)
- In re L.M., 2011-Ohio-3285 (2nd Dist. Greene) (no unsuitability prerequisite at post-dispositional custody changes in abuse cases)
- In re L.V., 2012-Ohio-5871 (9th Dist. Summit) (permanence in custody orders requires change-of-circumstances and best-interest findings)
- In re J.S., 2012-Ohio-4461 (11th Dist.) (supports need for change-of-circumstances findings in custody modifications)
- In re B.J., 2009-Ohio-6485 (Hamilton App.) (parental fitness considerations discussed in post-dispositional context)