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In the Matter of the Guardianship of

November 1, 2011

IN THE MATTER OF THE GUARDIANSHIP OF T. A. H., M. A. H., APPELLANT.
IN THE MATTER OF THE GUARDIANSHIP OF D. M. H., M. A. H., APPELLANT.
IN THE MATTER OF THE GUARDIANSHIP OF
D. M. H., M. A. H., APPELLANT.



APPEAL from the Franklin County Court of Common Pleas, Probate Division (Prob. No. 536788); (Prob. No. 536787); (Prob. No. 536790)

The opinion of the court was delivered by: Tyack, J.

Cite as

In re Guardianship of T.A.H.,

Nos. 11AP-395, 11AP-396 and 11AP-397

(REGULAR CALENDAR)

DECISION

{¶1} M.A.H. is appealing from a set of orders regarding guardianships for three children he fathered. He assigns a single error for our consideration:

THE PROBATE COURT ABUSED ITS DISCERTION WHEN DENYING APPELLANT OF HIS RIGHT TO ACCESS THE COURT AS PROVIDED BY ARTICLE I, SECTION 16 OF THE OHIO CONSTITUTION AND THE FIRST AMENDMENT TO THE U.S. CONSTITUTION, BIASEDLY AND PREJUDI- CIALLY DEPRIVING HIM OF EQUAL PROTECTION OF THE LAWS AND THE DUE PROCESS PROTECTIONS OF HIS PARENTAL RIGHTS AS PROVIDED BY THE FOUR- TEENTH AMENDMENT TO THE U.S. CONSTITUTION

{¶2} M.A.H. has been in custody since March 2008. The mother of M.A.H.'s children died in October 2008. In December 2008, M.A.H. was convicted on a charge of felonious assault and sent to prison.

{¶3} After the mother's death, M.A.H.'s mother began caring for the children, but tension developed between M.A.H. and his mother. This led to the children being cared for by Lynn R. Dean, a family friend.

{¶4} The children are now nine, eight and five years old respectively. The oldest child apparently wants to live in Colorado, where another family friend would care for the child. M.A.H. has resisted that move to Colorado, leading to additional tensions. M.A.H. amplified his resistance by seeking an injunction and/or restraining order to block the move. The Probate Court of Franklin County, Ohio did not grant M.A.H. the relief he sought, in part, because M.A.H. provided no filing fees.

{¶5} Apparently proceedings regarding the children were initiated in the Franklin County Court of Common Pleas, Juvenile Division.

{ΒΆ6} On February 4, 2011, the judge of the Franklin County Probate Court terminated the guardianship for two of the three children. As a result, objections M.A.H. filed as to his attempt to obtain an injunction and/or restraining order were dismissed as moot as to those two children. To the extent that M.A.H. is attempting to appeal issues regarding those two children, his younger two ...


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