The Ohio Supreme Court has ruled that a juvenile court cannot grant custody of a child to a nonparent without first determining that the natural parent is unsuitable. This decision came in the case of A.S., where the court found that the mother’s constitutional rights were violated when her child was given to the grandparents without a proper unsuitability finding. The ruling affects child custody cases across Ohio, emphasizing the importance of parental rights.
The case, titled In re A.S., was filed under docket numbers 2025-1224 and 2025-1225. The court's decision was issued on October 7, 2026, and authored by Chief Justice Maureen O'Connor Kennedy. The ruling clarifies the legal standards regarding child custody and parental rights, particularly in situations involving dependency cases.
The parties involved in this case include the mother, C.S., and the paternal grandparents, D.H. and D.H. The dispute arose after C.S. regained custody of her daughter, A.S., who had previously been declared a dependent child. After C.S. was granted legal custody, the grandparents sought to intervene and obtain custody without the court first finding C.S. unsuitable.
The case began in 2017 when A.S. was determined to be a dependent child due to her mother’s substance abuse issues. The Summit County Children Services took custody of A.S. and placed her with her grandparents. C.S. completed a treatment program and regained shared custody of A.S. in 2019. In 2021, the court modified the custody arrangement, naming C.S. as the residential parent for school purposes.
However, in 2023, the grandparents filed a motion to modify the custody order, claiming that C.S. was unsuitable due to her history of drug addiction and her marriage to a convicted sex offender. The juvenile court granted the grandparents custody without first determining C.S.'s suitability, leading to the appeal.
The Ninth District Court of Appeals upheld the juvenile court's decision, stating that a finding of unsuitability was not necessary because A.S. had previously been declared dependent. This ruling conflicted with an earlier decision from the Eighth District, which required a finding of parental unsuitability before granting custody to a nonparent.
The Ohio Supreme Court ultimately reversed the Ninth District's judgment. Chief Justice Kennedy stated, “A natural parent’s constitutional rights to the care, custody, and control of his or her child are violated when a juvenile court awards custody to a nonparent without first finding the natural parent unsuitable.” The court emphasized that once a parent has regained custody, their rights must be protected, and a court must find them unsuitable before transferring custody to someone else.
This ruling has significant implications for future child custody cases in Ohio. It reinforces the principle that parental rights are paramount and cannot be disregarded without due process. The decision ensures that parents have a fair opportunity to maintain custody of their children, even in complex situations involving dependency and custody disputes.
The ruling also sets a clear precedent that juvenile courts must follow in similar cases. It requires that courts not only consider the best interests of the child but also uphold the constitutional rights of parents. This decision is expected to influence how courts handle custody modifications and interventions by nonparents in the future.
Looking ahead, it remains to be seen how this ruling will affect ongoing custody cases in Ohio. The juvenile court is now tasked with determining the next steps in the A.S. case, which may involve further hearings to assess C.S.'s suitability as a parent. The court's decision can potentially be appealed, but details were not available in the court filing regarding any related cases pending.