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In re A.P.

Court of Appeals of Ohio, Ninth District, Lorain

December 11, 2017

IN RE: A.P.

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO CASE No. 14JC 42484

          SHUBHRA AGARWAL, Attorney at Law, for Appellant.

          DENNIS P. WILL, Prosecuting Attorney, and EMILY W. KIRSCH, Assistant Prosecuting Attorney, for Appellee.

          MATTHEW A. CRAIG, Attorney at Law, for Father.

          COLLEEN MCMAHON, Guardian ad Litem

          DECISION AND JOURNAL ENTRY

          CALLAHAN, Judge.

         {¶1} Appellant, M.P. ("Mother"), appeals from a judgment of the Lorain County Court of Common Pleas, Juvenile Division, that placed her minor child in the legal custody of the child's father ("Father"). This Court reverses and remands.

         I.

         {¶2} Mother and Father are the biological parents of A.P., born January 2, 2014. Although each parent has other children, those children are not parties to this appeal.

         {¶3} When this case began, Mother and Father were married and living together with A.P. On June 11, 2014, Lorain County Children Services ("LCCS") filed a complaint, alleging that A.P. was a neglected and dependent child because Mother had alcohol and drug problems and Father was incarcerated for domestic violence against Mother. A.P. was later adjudicated a dependent child, LCCS was granted temporary custody, and the child was placed with his paternal grandmother.

          {¶4} During this case, the parents divorced and each ultimately filed a motion for legal custody of the child. The case proceeded to a final dispositional hearing before a magistrate. Although LCCS had initially moved to have A.P. placed in the legal custody of the paternal grandmother, it withdrew that motion at the final dispositional hearing.

         {¶5} After the hearing, the magistrate issued a decision that the child be placed in the legal custody of Father. The trial court adopted that decision, pending the filing of objections. Mother filed several objections to the magistrate's decision, including that the magistrate had failed to base the legal custody decision on the best interest of the child. The trial court summarily overruled Mother's objections and placed A.P. in the legal custody of Father. Mother appeals and raises two assignments of error.

         II.

         ASSIGNMENT ...


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