In re H.J.H.

Citations

• 2019 Ohio 116

Syllabus

CHILDREN – CUSTODY – EVIDENCE – PARENTAL UNSUITABILITY: Where both father and maternal grandparents filed motions for custody of the minor child, the juvenile court erred in applying a best-interest analysis and awarding custody to grandparents where there was insufficient evidence that father was unsuitable and that an award of custody to father would be detrimental to the child. Where there was insufficient evidence that father was unsuitable, the juvenile court's judgment denying father's motion for custody and granting custody to the child's grandparents must be reversed and judgment entered awarding custody to father. [But see DISSENT: Where the juvenile court erred in applying a best-interest analysis in awarding custody to grandparents and denying father's motion for custody, the cause should be remanded so that the juvenile court can determine father's suitability using the appropriate criteria.]