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In re B.P.

Court of Appeals of Ohio, Fifth District

June 26, 2013

IN THE MATTER OF: B.P.

Appeal from the Court of Common Pleas, Juvenile Division, Case No. 2011-AB-0069

For Appellant MICHELLE L. EDGAR.

For Appellee JULIE S. BLAISDELL Guardian ad Litem KRISTI McANAUL.

For Christopher Oiler GILBERTO J. CHARRIEZ.

For Roberta Prevette ADRIENNE LARIMER.

For B.P. JAMES DYE.

JUDGES: Hon. W. Scott Gwin, P.J. Hon. Sheila G. Farmer, J. Hon. Patricia A. Delaney, J.

OPINION

Farmer, J.

{¶1} On May 3, 2011, B.P., born January 19, 2011, was found to be an abused child and placed in the temporary custody of appellee, Fairfield County Child Protective Services. Mother of the child is Roberta Prevette; father is Christopher Oiler. Sherry Oiler is the child's paternal grandmother, appellant herein.

{¶2} On August 1, 2011, appellee filed a motion for permanent custody of the child. On August 23, 2011, appellant filed a motion requesting legal custody of the child. Hearings were held on August 21, and November 20, 2012. By entry filed January 8, 2013, the trial court overruled appellant's motion and granted permanent custody of the child to appellee. Findings of fact and conclusions of law were attached to the entry.

{¶3} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

I

{ΒΆ4} "THE TRIAL COURT ERRED AND ABUSED ITS DISCRETION IN FINDING BY CLEAR AND CONVINCING EVIDENCE THAT IT WOULD BE IN THE BEST INTEREST OF B.P. FOR PERMANENT CUSTODY TO BE GRANTED TO FAIRFIELD COUNTY CHILD PROTECTIVE SERVICES INSTEAD OF GRANTING LEGAL ...


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