Daniel Gigiano Reviews Legal Custodian Rights In Children Services Cases
Prior to the Ohio Ninth District Court of Appeal's decision in IN RE AP II, it was unclear what rights legal custodians had when children services took children away from them. IN RE AP II held that legal custodians have the same rights as biological parents in that situation.
Ohio NInth District Court Of Appeals Said Legal Custodians Have Rights, TooRecently, the Ninth District Court of Appeals in Ohio determined legal custodian rights in children services cases. When a children services agency files a complaint against a legal custodian that can lead to temporary or permanent custody, the legal custodian has many of the same rights afforded to parents.
Treating The Legal Custodian As Just An Interested Party Resulted In Permanent CustodyIn this case, a children services agency took permanent custody of a child from her grandmother who had legal custody of the child at the time the child was removed from her care. The trial court granted the grandmother some, but not all, the protections and rights granted to parents under Ohio law. As a result, the children services agency was granted permanent custody of the child.
This Case Was A Big Win For Grandparents' RightsAttorney Daniel Gigiano, as the grandmother's Medina Juvenile Attorney and Medina Child Custody Attorney, appealed that decision on behalf of the grandmother. On appeal, the Ninth District Court of Appeals held that the grandmother in this context, as legal custodian of the child, was entitled to many of the same rights and protections given to parents under Ohio law. As a result, the permanent custody finding was reversed and the matter was sent back to juvenile court for further proceedings. Before the appeal, the child was permanently taken away from the grandmother and the rest of her family. After the appeal, the grandmother regained the right to custody of the child.