2013 Ohio 3583
Ohio Ct. App.2013Background
- Amanda Keys, mother, appeals trial court’s custody award granting legal custody to April King, paternal aunt.
- Guardian ad litem recommended King; trial court found King’s custody in child’s best interests.
- Child, aged 5–6, previously lived with King due to parents’ meth charges and related WV involvement.
- Parents had history of instability, including evictions, violence, and lack of medical/dental care for the child.
- Record shows absence of a transcript; court noted procedures under Juv.R. 3–38 but review limited by missing transcript.
- Court ultimately affirmed award of legal custody to King and denied relief on pro se appellant’s asserted errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Transcript unavailable; effect on review | Keys: lack of transcript hinders review | King: record incomplete but sufficient for ruling | Review limited; affirm due to missing transcript |
| Standing to challenge child’s waiver of counsel | Keys has standing as parent to appeal child’s waiver | No standing because child and parent pursued different outcomes | Appellant lacks standing; or, even if standing, error not preserved |
| Right to appointed counsel in private custody | Keys argues Juv.R. 4 requires counsel for child/parent | No right to appointed counsel in private custody absent statute/constitution | Juv.R. 4 does not create such right; overruled |
| Applicability of Juv.R. 6 and timing issues | Appellant contends failure to hold probable cause hearing | Rule not applicable to custody proceeding; any error harmless | Rule not applicable or any error harmless; overruled |
| Inapplicability of Juv.R. 29 to this case | Juv.R. 29 governs adjudicatory hearings | Case arose from custody petition, not adjudicatory hearing under Juv.R. 29 | Juv.R. 29 not applicable; overruled |
Key Cases Cited
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (1980) (when portions of the transcript are omitted, reviewing court must presume validity of proceedings)
- Stores Realty Co. v. City of Cleveland, 41 Ohio St.2d 41 (1975) (plain error and procedural rules in trial-review)
- Goldfuss v. Davidson, 79 Ohio St.3d 116 (1997) (plain-error standard and limits on appellate review)
- Murphy v. Reynoldsburg, (Ohio) 1992 (1992) (Murphy standard on appellate review and trial-court duties)