In re S.N.T.
2012 Ohio 3266
Ohio Ct. App.2012Background
- In 2008, the court adjudicated the children dependent due to parents’ alcohol abuse, domestic violence, and criminal convictions.
- Between 2008 and June 2010, the children lived with the paternal grandparents.
- In June 2010, the court awarded the mother legal custody and granted visitation to MT and the paternal grandparents.
- On August 9, 2011, felony domestic violence charges were filed against both parents; ten days later, grandparents filed a motion for legal custody.
- The trial court granted legal custody to the grandparents, finding the parents unsuitable due to ongoing alcohol use, domestic violence history, unstable life, and related issues.
- The court later described MT’s work schedule at a lodge as inappropriate for parenting two teenage daughters and emphasized sobriety as central to suitability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court applied the correct legal standard | MT argues for a change-in-circumstance standard | Grandparents contend Perales unsuitability standard governs | MT invited error; standard issues not reviewed on appeal |
| Whether the unsuitability finding is supported | MT asserts schedule and alleged alcohol use are not evidence of unsuitability | Dependency adjudication implies unsuitability; evidence supports unsuitability | Adjudication of dependency equates to unsuitability; finding not against weight of evidence |
Key Cases Cited
- In re Perales, 52 Ohio St.2d 89 (Ohio 1977) (establishes unsuitability standard for nonparent custody)
- Reynolds v. Goll, 75 Ohio St.3d 121 (Ohio 1996) (discretion in custody matters, but cannot terminate without support)
- In re B.P., 191 Ohio App.3d 518 (2010) (parental suitability required; weight of evidence standard)
- In re James, 113 Ohio St.3d 420 (Ohio 2007) (dependency adjudication implicates parental unsuitability)
- In re C.R., 108 Ohio St.3d 369 (Ohio 2006) (dependency findings relate to custody unsuitability)
- Clark v. Bayer, 32 Ohio St.3d 299 (Ohio 1977) (original custody priority to suitable parent absent contract/abandonment)