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· 11/10/2022

In re So.P.

Citations

  • 2022 Ohio 4015

Syllabus

Legal custody alcohol abuse sobriety welfare children best interest R.C. 2151.353(A)(3) R.C. 2151.011(B)(21) R.C. 2151.414(D) visitation family counseling trust emotional welfare preponderance of the evidence residual rights. Judgment affirmed. The juvenile court did not abuse its discretion, and its award of legal custody of the minor children to relatives in accordance with the best interest of each child was supported by the preponderance of the evidence. Mother had an extensive history of alcohol abuse, and although she had obtained sobriety over the last year, one of the children did not wish to have contact with her, the other children did not view her as an authority figure, issues of trust needed to be addressed, family counseling had not occurred, and valid concerns remained for the emotional welfare of the children. Mother retained residual parental rights, and she was not permanently foreclosed from seeking to regain custody in accordance with the law in the future.

Judges: S. Gallagher

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