In re T.W.
2013 Ohio 1754
Ohio Ct. App.2013Background
- In 2008, HCJFS obtained temporary custody of T.W. (the daughter) and her brother T.J. in Hamilton County.
- The father of T.W. (but not T.J.) remained a legal parent, though not a parent of T.J.
- In March 2010, HCJFS moved to modify temporary custody to permanent custody; the paternal great-grandmother also sought custody of both children.
- A juvenile court magistrate held that great-grandmother’s petition was denied and permanent custody of T.W. and T.J. was granted to HCJFS.
- The trial court overruled objections and adopted the magistrate’s decision; the father appealed alleging improper custody and seeking relief for great-grandmother.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge third-party custody petition | Father argues great-grandmother should have been granted custody | HCJFS contends the appeal challenges a nonparty’s rights and lacks standing | Father lacks standing; appeal dismissed |
| Whether lack of independent counsel/hearing affected T.W.'s wishes | Father argues for independent counsel and a hearing to assess T.W.'s wishes | Record shows standing prevents raising this issue on behalf of the nonparty | Issue barred by lack of standing; dismissal affirmed |
Key Cases Cited
- In re A.W., 2013-Ohio-909 (1st Dist. No. C-120787 (Ohio 2013)) (standing to appeal custody petitions of third parties)
- In re Hiatt, 86 Ohio App.3d 716 (4th Dist.1993) (parent has standing to challenge denial of custody to a third party when prejudicial to residual parental rights)
- In re J.J., 2002-Ohio-7330 (9th Dist. No. 21226) (parent may challenge impact on parental rights but not the third party's rights)
- In re N.H., 2011-Ohio-1491 (10th Dist. Nos. 10AP-620 and 10AP-621) (mother lacks standing to appeal when she only asserts rights of an aggrieved nonparty)