2019 Ohio 906
Ohio Ct. App.2019Background
- Infant M.G. was placed in ACCSB custody after both parents were incarcerated for trafficking/promoting prostitution; mother received six years and father (Marcus Gant) four years.
- Magistrate adjudicated M.G. as a dependent child and placed her in temporary custody of Allen County Children Services Board (ACCSB); foster parents Amanda and Joshua Crouch (who cared for M.G.’s half‑sibling) have continuously cared for M.G. since birth.
- Marcus and paternal grandmother Gina Gant sought legal custody of M.G.; ACCSB moved to modify disposition and award legal custody to the Crouches.
- At the modification hearing, ACCSB caseworker testified the Crouches provide a stable, integrated placement; concerns were raised about Gina’s willingness to protect M.G. from the parents and Gina’s views minimizing the parents’ conduct.
- Magistrate denied Gina’s proposed placement, concluding Gina would likely return M.G. to her parents upon their release and that such a result would not be in M.G.’s best interest; trial court overruled Marcus’s objections and affirmed the magistrate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court had sufficient evidence to award legal custody to foster parents rather than paternal grandmother | Marcus: insufficient record supporting award to foster parents; Gina is a legally secure placement and likely better to honor visitation guidelines | ACCSB/Court: evidence showed Crouches provide stable home, protect child, and support sibling relationship while Gina likely would return child to parents and minimize parents’ culpability | Court affirmed: preponderance supports awarding legal custody to Crouches; no abuse of discretion |
Key Cases Cited
- Schroeder v. Niese, 78 N.E.3d 339 (3d Dist. 2016) (abuse of discretion standard explained)