Court of Appeals of Ohio, Eighth District, Cuyahoga
IN RE: K.D.W. A Minor Child [Appeal By A.W., Grandmother]
Appeal from the Cuyahoga County Court of Common Pleas
Juvenile Division Case No. CU 15107299
ATTORNEY FOR APPELLANT John V. Heutsche John V. Heutsche Co.,
ATTORNEYS FOR APPELLEE For Father Oscar Trivers Trivers &
CCDCFS Michael C. O'Malley Cuyahoga County Prosecutor,
Michelle A. Myers Joseph C. Young Assistant Prosecuting
Attorney Cuyahoga County Department of Children and Family
CJFS Anthony R. Beery Assistant Prosecuting Attorney Cuyahoga
Job and Family
Guardian Ad Litem Pamela A. Hawkins
BEFORE: E.T. Gallagher, J., McCormack, P.J., and S.
JOURNAL ENTRY AND OPINION
T. GALLAGHER, JUDGE
Appellant, A.W., K.D.W's maternal grandmother, appeals an
order of the Cuyahoga County Juvenile Court that awarded
legal custody of K.D.W., a minor child, to his father
("Father"). A.W. raises two assignments of error:
1. The trial court committed prejudicial error to A.W. by
approving the magistrate's decision designating [Father]
"residential parent legal custodian, " when the
evidence established that such designation is against the
child's best interests.
2. The trial court committed error prejudicial to A.W. when
it approved the magistrate's decision without allowing
A.W. the requisite 30 days to file the transcripts of
proceedings supporting her objections.
We find merit to the appeal, reverse the trial court's
judgment, and remand the case to the trial court to conduct
an independent review of the magistrate's decision.
Facts and Procedural History
K.D.W. was born in March 2005 and lived with his mother,
half-siblings, and maternal grandmother, A.W. In May 2015,
K.D.W.'s mother was murdered. Consequently, A.W. filed an
application for legal custody of K.D.W. and his
half-siblings. In response to A.W.'s ...