In re Adoption of Ridenour

574 N.E.2d 1055, 61 Ohio St. 3d 319, 1991 Ohio LEXIS 1931
CourtOhio Supreme Court
DecidedAugust 7, 1991
DocketNo. 90-637
StatusPublished
Cited by211 cases

This text of 574 N.E.2d 1055 (In re Adoption of Ridenour) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Adoption of Ridenour, 574 N.E.2d 1055, 61 Ohio St. 3d 319, 1991 Ohio LEXIS 1931 (Ohio 1991).

Opinions

Alice Robie Resnick, J.

This case presents two issues for our consideration. First, we must decide whether the trial judge abused his discretion in denying the appellants’ adoption petitions. Second, we must decide whether the trial judge erred in considering grandparent post-adoption visitation rights.

As to the first issue, we find that the trial judge abused his discretion by failing to base his adoption decisions on a consideration of the best interests of the children involved. In order for an appellate court to find that a trial court committed an abuse of discretion, the court must find more than an error of law or judgment in the judge’s decision. This court has repeatedly held that the term “abuse of discretion” implies that the trial court’s attitude is unreasonable, arbitrary, or unconscionable. State v. Adams (1980), 62 Ohio St.2d 151, 157, 16 O.O.3d 169, 173, 404 N.E.2d 144, 149, citing Steiner v. Custer (1940), 137 Ohio St. 448, 19 O.O. 148, 31 N.E.2d 855. Moreover, we have specifically held that this definition of abuse of discretion is fully applicable in the domestic relations context. Blakemore v. Blakemore (1983), 5 Ohio St.3d 217, 5 OBR 481, 450 N.E.2d 1140.

In deciding whether to grant or deny an adoption, the trial judge must consider “(1) whether the petitioner is suitably qualified to care for and rear the child, and (2) whether the best interests of the child will be promoted by the adoption.” State, ex rel. Portage Cty. Welfare Dept., v. Summers (1974), 38 Ohio St.2d 144, 67 O.O.2d 151, 311 N.E.2d 6, paragraph four of the syllabus; In re Adoption of Charles B (1990), 50 Ohio St.3d 88, 93, 552 N.E.2d 884, 889. In the case at bar, the trial judge specifically found that the appellants were suitable parents for the girls. Upon reviewing the evidence, we do not believe that this conclusion is arbitrary, capricious, or unreasonable. The record in this case contains letters from two different couples, both of [321]*321which highly recommend the appellants as adoptive parents.3 The record as to each child also contains a Report on the Proposed Adoption prepared by the Fairfield County Children Services Board. In recommending that the court grant the appellants’ adoption petitions, the agency highly recommended the appellants and expressed extreme confidence in their parenting abilities.4 In light of this evidence, we find that the trial judge did not abuse his discretion in concluding that the appellants are suitable parents for Anne Elizabeth and Elizabeth Ann.

However, an examination of the evidence presented in this case reveals that the judge did not properly consider the best interests of the children in ruling on the adoption petitions in the case at bar. The evidence in the record suggests that the appellants are in a stable marriage, warm and caring, and experienced in dealing with both natural and adopted children. While this evidence, facts concerning the appellants’ suitability as parents, does not in and of itself establish that the adoptions are in the children’s best interests, it does suggest that the children will be raised in a stable and healthy environment if they are placed in the appellants’ care.

Several other factors suggest that the children’s interests will be well served if they are adopted by the appellants. The children services board not only consented to the adoption, but, as stated above, strongly recommended that the children be adopted by the Ridenours. This stands in stark contrast to a large number of adoption cases where adoptions are granted without the consent or against the recommendation of the social services agency involved. Moreover, in this case, it appears that the caseworker who recommended the adoptions had been working with both the children and the appellants for [322]*322nearly two years. Like the trial judge’s finding of suitability, this recommendation is not a conclusive finding as to the best interests of the children. However, given the agency’s professional expertise and experience with these children, it does suggest that the children’s interests will be well served if they are adopted by the Ridenours.

Moreover, adoption by the Ridenours would provide the two girls with the stability and continuity essential to healthy development. As noted above, the girls began living with the Ridenours when they were mere infants and have been living with them on a continuous basis since that time. In fact, as of this writing, the girls have been under the Ridenours’ care for nearly four years. If the children are adopted by the Ridenours, the patterns of daily life, the mode of discipline, and the practical and spiritual rituals to which they have grown accustomed will remain constant. The emotional bonds which the children have formed with the members of the Ridenour family will remain intact.

By contrast, if the girls are not adopted by the Ridenours, they may be moved several times before they find a suitable permanent home. Moreover, even if they remain with the Ridenours until they are adopted by a new family, a host of problems awaits them. It may take months or even years to find a suitable adoptive family for the children. At that point, their psychological and emotional bonds to the Ridenours are likely to be very strong and the impact of separation could be negative and profound. In addition, unlike the Ridenours, many potential adoptive families may be unwilling to accept both girls. Consequently, it is possible that the sisters, who have lived together since infancy, will be forced to grow up separately.

Despite all these factors, the trial judge denied the Ridenours’ petitions for adoption. While it is not our province to advise the court as to the proper ruling on the adoption petitions, the trial judge does not appear to have considered the children’s best interests in issuing the denials. In fact, it seems that in denying the adoptions, the judge elevated the rights of the grandparents over the best interests of the children.

The record in this case reveals that visits with the grandparents upset the children and significantly altered their behavior. The trial judge himself noted as to both children that “whenever such visits occur there is an emotional and physical disturbance with the child, a period of retesting of the adoptive parents by the child and at least several days to get the child back under the control of the adoptive parents.” Along the same lines, the psychologists who interviewed the children prior to the adoption hearing recommended that grandparent visitation be curtailed, terminated temporarily [323]*323or strictly supervised due to its apparent negative impact on the children’s behavior.

In addition to acknowledging the difficulty with grandparent visitation rights, the trial judge did not point to any evidence supporting grandparent visitation rights or suggesting that the grandparents would have a positive influence on the children.

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Cite This Page — Counsel Stack

Bluebook (online)
574 N.E.2d 1055, 61 Ohio St. 3d 319, 1991 Ohio LEXIS 1931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-ridenour-ohio-1991.