In re B.B.

Citations

• 2026 Ohio 1268

Syllabus

R.C. 3109.04(E) — R.C. 2151.42 — LEGAL CUSTODY — CHANGED CIRCUMSTANCES: The juvenile court was mistaken when it applied R.C. 3109.04(E)(1)(a), rather than R.C. 2151.42(B), to assess mother's request to modify the juvenile court's prior dispositional order, which had awarded legal custody to father pursuant to R.C. 2151.353(A)(3). The juvenile court reasonably found that mother had failed to prove that changes in circumstances required a modification of its prior dispositional order awarding custody to father. Although the juvenile court applied the wrong statutory standard, its judgment was affirmed, because the standard it should have applied under R.C. 2151.42(B) was more onerous than the standard that trial court found mother had failed to meet under R.C. 3109.04(E)(1)(a)(iii).