In re J.M.

Citations

• 2025 Ohio 2410

Syllabus

The trial court did not commit reversible and plain error in proceeding on a permanent custody motion and granting that motion on the scheduled trial date. The record shows that Mother was sent notice of the hearing on the permanent court commitment (\PCC\) motion at her last known physical address via U.S. Mail and the docket does not show any return of service indicating that the mailed notice was returned as undeliverable. Furthermore, in this case Mother was represented by counsel, and pursuant to both Civ.R. 5 and Juv.R. 20, when a party is represented by an attorney, service of pleadings and notices is to be made on the attorney. Civ.R. 5(B)(1); Juv.R. 20(B). The record shows counsel for Mother was properly served with the notice of the hearing on the PCC motion. Nor did counsel object to the trial on the PCC motion going forward based on improper notice. Mother was properly notified of the trial date and, despite Mother's absence, she was represented by counsel at the trial. Judgment affirmed.