In re M.B.
2017 Ohio 7481
Ohio Ct. App.2017Background
- M.B. and R.F., children removed from mother, lived with foster parents David and April Pravlik for ~3.5 years; CCDCFS had sought permanent custody but permanent custody was denied.
- A maternal great aunt later surfaced, began visitation, and filed for legal custody; the Pravliks also moved for legal custody.
- At the September 2016 hearing the juvenile court evaluated who should receive legal custody and found both the Pravliks (nonrelatives) and the great aunt suitable.
- The court applied the best-interest-of-the-child standard and considered factors including family relationships, geography, schedules, adjustment, health/safety, sibling time, parental wishes, and the guardian ad litem’s recommendation.
- The court awarded legal custody to the maternal great aunt, noting absence of clear-and-convincing evidence she was unsuitable and finding placement with a suitable extended family member served the children’s best interests.
- The Pravliks appealed, arguing the court used the wrong standard (clear-and-convincing versus best interest) and that the decision was against the manifest weight of the evidence; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument (Pravliks) | Defendant's Argument (Great Aunt/CCDCFS) | Held |
|---|---|---|---|
| Whether the juvenile court applied the correct legal standard for awarding legal custody | Court applied a clear-and-convincing/relative-preference standard instead of best-interest standard | Court properly used the best-interest standard and considered R.C. 2151.412(H)(2) as a guiding priority after finding both parties suitable | The court used best-interest standard first and permissibly relied on the statutory family-priority as a tie-breaker; no reversible error |
| Whether award of legal custody to the great aunt was against the manifest weight of the evidence / an abuse of discretion | Award was contrary to law and against manifest weight because the Pravliks were better placed to care for the children | Trial court made credibility/weight findings and reasonably concluded placement with great aunt best served children | No manifest miscarriage of justice; trial court’s credibility and factual findings stand; decision affirmed |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (standard for abuse of discretion)
- C.E. Morris Co. v. Foley Constr. Co., 54 Ohio St.2d 279 (Ohio 1978) (discussion of weight-of-evidence review in civil cases)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for reviewing manifest weight)
- State v. Martin, 20 Ohio App.3d 172 (Ohio Ct. App. 1983) (observations on appellate review and standards)
- In re Washington, 143 Ohio App.3d 576 (Ohio Ct. App. 2001) (juvenile-custody manifest-weight review guidance)