Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re M.M.

Court of Appeals of Ohio, Second District, Montgomery

May 25, 2018

IN RE: M.M.

          T.C. NOS. JC-2015-6384 and 2016-3599 (Civil Appeal from Juvenile Court)

          ALICE PETERS, Atty. Reg. No. 0093945, Montgomery County Prosecutor's Office, Attorney for Plaintiff-Appellee - Montgomery County Children Services Board

          ROBERT BRENNER, Atty. Reg. No. 0067714, Attorney for Defendant-Appellant - Father

          MICHAEL BOOHER, Atty. Reg. No. 0007694, Attorney for Minor Child

          CHRISTOPHER DEAL, Atty. Reg. No. 0078510, Law Offices of Gump & Deal, 2541

          Shiloh Springs Road, Dayton, Attorney for Maternal Grandfather

          THEODORE VALLEY, Atty. Reg. No. 0070867, Attorney for Guardian Ad Litem

          OPINION

          DONOVAN, J.

         {¶ 1} Petitioner-appellant Father appeals a decision of the Montgomery County Court of Common Pleas, Juvenile Division, overruling his objections to the Magistrate's decision, finding M.M. to be a dependent child, granting temporary custody of M.M. to the maternal aunt, and postponing Father's visitation with M.M. until her therapist recommends it. Father filed a timely notice of appeal with this Court on September 8, 2017.

         {¶ 2} M.M. was born to Mother and Father in March of 2002. Mother and Father divorced in December of 2009. After the divorce, Mother became M.M.'s primary custodian, and Father was awarded standard visitation. As M.M. grew older, she would often refuse to go to Father's house when it became his time to exercise visitation. During February of 2015, M.M. alleged that Father had sexually abused her. Law enforcement in Clermont County, Ohio, investigated the allegations made by M.M. but ultimately did not file charges against Father. In July of 2015, Mother sent M.M. to live with the maternal grandfather, J.W., because of conflict between Mother's boyfriend and M.M.

         {¶ 3} On October 6, 2015, Mother passed away as a result of suicide. During this time M.M. continued to reside with the maternal grandfather. We note that at the time of the temporary custody hearing, Father had not seen M.M. since May of 2014, and had not spoken with her since April of 2015. On October 20, 2015, the maternal grandfather filed a petition for custody of M.M. in Case No. JC 2015-6384. On December 4, 2015, Father filed a motion to dismiss the maternal grandfather's petition for custody for lack of jurisdiction. The juvenile magistrate overruled Father's motion to dismiss on February 2, 2016. Thereafter on March 21, 2016, Father filed a motion for a psychological and physical examination of M.M. which the magistrate later granted on May 4, 2016.

         {¶ 4} On June 1, 2016, Montgomery County Children's Services (MCCS) filed a complaint in Case No. JC 2016-3599 alleging that M.M. was a dependent child and requesting a disposition of temporary custody to the maternal grandfather, or, in the alternative, temporary custody to MCCS. On June 13, 2016, an interim order hearing was held before the magistrate who granted interim temporary custody of M.M. to MCCS. On June 20, 2016, the juvenile court consolidated Case Nos. JC 2015-6384 and JC 2016-3599. On July 21, 2016, the Court Appointed Special Advocate (CASA)/ Guardian ad Litem (GAL) filed a motion requesting temporary custody of M.M. be granted to MCCS. On July 26, 2016, MCCS filed an amended complaint requesting an alternative disposition of temporary custody of M.M. to the maternal aunt, L.B. On August 4, 2016, the GAL filed an amended motion requesting temporary custody of M.M. to MCCS, or, in the alternative, temporary custody to the maternal aunt.

         {¶ 5} On August 11, 2016, a temporary custody hearing was held before the magistrate. On August 12, 2016, the magistrate issued a decision finding M.M. to be a dependent child and awarded temporary custody of the child to the maternal aunt. The magistrate also ordered that Father was not to have visitation with M.M. until her therapist recommended it. At the time of the hearing, M.M. had been removed from the maternal grandfather's home by MCCS and was living with a foster family.

         {¶ 6} Father filed objections to the magistrate's decision on August 25, 2016. After receiving the transcript of the temporary custody hearing, Father filed supplemental objections on March 28, 2017. MCCS filed its reply to Father's supplemental objections on April 27, 2017. Thereafter, on August 9, 2017, the juvenile court issued a decision overruling Father's objections and adopting the magistrate's decision adjudicating M.M. as a dependent child and granting temporary custody to the maternal aunt. The juvenile court also granted a first extension of temporary custody to the maternal aunt since the original award of temporary custody had expired on June 2, 2017.

         {¶ 7} It is from this decision ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.