2013 Ohio 1755
Ohio Ct. App.2013Background
- M.F. (born 2/2/2011) is child of minor P.A.; M.F.'s maternal uncle McPherran is custodial respondent.
- April 13, 2011: complaint filed alleging dependent/neglected child; M.F. placed in temporary custody of McPherran.
- May–June 2011: grandfather McPherran, Sr. seeks legal custody; court fights over visitation and custody commence.
- August 2011: initial hearing; court finds M.F. not neglected/dependent at that time.
- March 2012: custody hearing; GAL and witnesses describe appellant's immaturity and parenting concerns; help-me-grow visits noted.
- September 5, 2012: trial court awards legal custody to McPherran, Jr., finding appellant unsuitable as custodian.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the non-parent custody award was proper | P.A. argues trial court abused discretion by granting custody to a non-parent. | McPherran contends best interests support non-parent custody when parent is unsuitable. | No abuse; custody to non-parent upheld due to parental unsuitability. |
Key Cases Cited
- In re Perales, 52 Ohio St.2d 89 (Ohio 1977) (nonparent custody requires a finding of parental unsuitability)
- In re Porter, 113 Ohio App.3d 580 (3rd Dist. 1996) (paramount parent right forfeited by unsuitability; best interest then governs)
- Davis v. Flickinger, 77 Ohio St.3d 415 (Ohio 1997) (custody decisions given broad discretion; abuse of discretion standard)
- Miller v. Miller, 37 Ohio St.3d 71 (Ohio 1988) (abuse of discretion in custody appeals requires unreasonable, arbitrary conduct)
- In re Jane Doe 1, 57 Ohio St.3d 135 (Ohio 1991) (custody determinations require weighing best interests with evidentiary standards)