In re D.W.

Summary

The Ninth District Court of Appeals of Ohio affirmed a juvenile court judgment granting legal custody of D.W. to the child's paternal grandmother and her partner. The court held that the award was supported by a preponderance of the evidence and was not against the manifest weight of the evidence or contrary to the child's best interests. The decision emphasized the mother's unresolved substance-abuse and mental-health issues, instability, and inability to provide a safe and permanent home, contrasted with the custodians' stable care.

Holdings

1. A legal-custody award will not be reversed when it is supported by a preponderance of the evidence; a manifest-weight challenge requires a showing that the factfinder clearly lost its way and created a manifest miscarriage of justice.
2. Following an adjudication of neglect, dependency, or abuse, the juvenile court determines whether to award legal custody to a parent or relative based solely on the child's best interest.
3. The juvenile court's award of legal custody to the paternal grandmother and Mr. B. was supported by the evidence, was in D.W.'s best interest, and was not against the manifest weight of the evidence.

Questions Presented

1. Whether the juvenile court's award of legal custody of D.W. to the paternal grandmother and Mr. B. was against the manifest weight of the evidence.
2. Whether the juvenile court properly determined that awarding legal custody to the paternal grandmother and Mr. B. was in D.W.'s best interest.

Disposition

affirmed