M.K. v. R.K.

Citations

• 2023 Ohio 3475

Syllabus

Interlocutory appeal R.C. 3109.04(D)(2) certification to juvenile court final, appealable order best-interest determination unsuitability guardian ad litem cross-examination. The domestic relations court's judgment certifying the allocation of parental rights and responsibilities of a minor child under R.C. 3109.04(D)(2) is a final, appealable order because it affects a substantial right in a special proceeding. R.C. 3109.04(D)(2) requires a best-interest determination, which the trial court failed to make. Further, the trial court did not make an appropriate unsuitability finding. The trial court's reliance on the guardian ad litem's report without affording the parties the opportunity to cross-examine the guardian ad litem was an abuse of discretion.