In re G.M.

Citations

• 2026 Ohio 841

Syllabus

Motion to modify legal custody, prior court decree, R.C. 3109.04(E)(1), R.C. 2151.42(B), changed circumstances, best interest of the child. The juvenile court did not abuse its discretion in denying appellant's (\Father\) motion to modify legal custody of his child (\the Child\). Father identified no changed circumstances where evidence of abuse pertained only to events that occurred before the prior decree granting the Child's grandmother (\Grandmother\) legal custody. As a matter of law, Father's improved conduct was no basis for a changed-circumstances finding under either R.C. 3109.04(E)(1) or 2151.42(B), neither of which address changed circumstances of a biological parent. To the extent that the Child's enrollment in several schools constituted changed circumstances, the record did not demonstrate that granting Father's request for legal custody was in the Child's best interest where Grandmother explained that the Child was enrolled in different schools because of his behavioral and mental-health issues, where the record included evidence of Grandmother's significant efforts to connect the Child with resources related to those issues, and where evidence existed of Father's ongoing criminal conduct.