2015 Ohio 5322
Ohio Ct. App.2015Background
- C.R., a child born to T.A. (mother) and B.R. (father), lived with mother and with third-party caregiver Stacy R. at various times; father was awarded custody in June 2014 but died months later.
- Stacy obtained temporary custody and filed a custody complaint alleging mother was an unsuitable parent; paternal relatives also sought custody or companionship.
- At the suitability hearing, mother testified she completed drug treatment, has passed drug tests since October 2014, attends voluntary counseling, lives in a four‑bedroom home with maternal relatives, and works regularly as a babysitter.
- Stacy asserted mother was indifferent, lacked stability, had a criminal record, and continued drug use, but presented no drug‑test results or testimony from the treatment provider and gave inconsistent testimony about the living arrangements and parenting history.
- The juvenile court found the petitioning parties failed to prove by a preponderance that mother was unsuitable and awarded custody to mother; Stacy appealed.
Issues
| Issue | Plaintiff's Argument (Stacy) | Defendant's Argument (T.A.) | Held |
|---|---|---|---|
| Whether a nonparent may obtain custody from a natural parent under R.C. 2151.23(A)(2) without proof the parent is unsuitable | Stacy: Mother was unsuitable due to indifference, criminal record, unstable living/financial situation, and possible continued drug use | Mother: Testimony and witnesses show stable housing, employment, ongoing sobriety, completed treatment, and positive parent–child relationship | Court: Nonparent cannot obtain custody absent proof by preponderance that parent abandoned, contractually relinquished, is totally incapable, or that custody to parent would be detrimental; Stacy failed to meet burden, so custody to mother affirmed |
Key Cases Cited
- Reynolds v. Goll, 75 Ohio St.3d 121 (trial court has broad discretion in custody matters)
- Davis v. Flickinger, 77 Ohio St.3d 415 (appellate review of custody is for abuse of discretion; deferential review appropriate)
- In re Jane Doe 1, 57 Ohio St.3d 135 (appellate court should not substitute its judgment for the trial court on custody credibility determinations)
- In re Murray, 52 Ohio St.3d 155 (natural parent's custody right is a fundamental civil right)
- In re Perales, 52 Ohio St.2d 89 (in parent v. nonparent custody disputes, court must find parent unsuitable by preponderance before awarding custody to nonparent)
- State v. Kirkland, 140 Ohio St.3d 73 (abuse of discretion defined as unreasonable, arbitrary, or unconscionable use of discretion)