In re A.O.

2025 Ohio 4923
CourtOhio Court of Appeals
DecidedOctober 28, 2025
Docket24AP-712
StatusPublished
Cited by1 cases

This text of 2025 Ohio 4923 (In re A.O.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re A.O., 2025 Ohio 4923 (Ohio Ct. App. 2025).

Opinion

[Cite as In re A.O., 2025-Ohio-4923.]

IN THE COURT OF APPEALS OF OHIO

TENTH APPELLATE DISTRICT

In the matter of: : No. 24AP-712 (C.P.C. No. 21JU-5853) [A.O., : (ACCELERATED CALENDAR) M.O., Appellant]. :

D E C I S I O N

Rendered on October 28, 2025

On brief: Tammi S. Bucci, for National Youth Advocate Program.

On brief: William T. Cramer, for appellant.

APPEAL from the Franklin County Court of Common Pleas, Division of Domestic Relations and Juvenile Branch DINGUS, J. {¶ 1} Appellant, M.O., putative father of A.O., appeals from a judgment of the Franklin County Court of Common Pleas, Division of Domestic Relations and Juvenile Branch, awarding legal custody of A.O. to a family friend. For the following reasons, we affirm. I. Facts and Procedural History {¶ 2} A.O. is the youngest of five siblings born to V.R. (“mother”) while she was married to J.R. (“legal father”). The legal father lives in Florida, and the children lived with their mother and M.O. in the years leading up to involvement with Franklin County Children Services and the National Youth Advocate Program (collectively, “the agency”). M.O. is the putative father of A.O. and is not the putative father of the other children. The rights and interests of A.O.’s mother, legal father, and siblings are not at issue in this appeal. {¶ 3} The agency became involved with the children in response to reports of homelessness and substance abuse by both the mother and M.O., physical abuse by M.O. No. 24AP-712 2

against the mother, and physical abuse by the mother against one of A.O.’s siblings. The agency obtained a temporary order of custody for A.O. in February 2020. The agency’s complaint alleged that A.O. was a dependent child. A.O. was placed in the care of K.R., a maternal family friend. {¶ 4} The case plan for the family identified both the legal father and M.O. as parents. M.O.’s objectives under the case plan included completing a domestic violence assessment and following all recommendations, completing an alcohol and drug assessment and following all recommendations, participating in drug screening, and participating in housing services and following all recommendations. The trial court appointed a guardian ad litem (“GAL”) and attorneys for A.O., the mother, and M.O. {¶ 5} On September 21, 2021, the trial court entered a temporary order of court custody to the agency and adjudicated A.O. as a dependent minor. The GAL’s reports leading up to the trial court’s decision indicated that M.O. was attending most visitations with A.O. and he had been linked with a suboxone clinic and counseling services. However, M.O. was not compliant with most other case plan goals; M.O. had not appeared for any drug screens in 2021, and his drug screens in 2020 showed positive results for gabapentin, benzodiazepines, barbiturates, opiates, and THC. He did not complete a domestic violence assessment, and he reportedly argued that domestic violence services were not necessary because his criminal domestic violence charges had been dismissed. He had not obtained housing and continued to stay at friends’ houses. {¶ 6} In February 2022, the agency filed a motion to terminate temporary custody and recommended that the trial court place A.O. in the legal custody of her caregiver, K.R., pursuant to R.C. 2151.415(B). The agency asserted that this placement was in A.O.’s best interest because, among other reasons, M.O. had failed to comply with the case plan objectives related to domestic violence services, drug screens, the release of information to the case worker, and housing. After several continuances, the trial court scheduled hearings on the motion for October 2022. {¶ 7} From February to August 2022, reports to the trial court indicated that M.O. was not working toward completing case plan objectives. He continued to miss drug screens and reportedly claimed that he had been railroaded into drug treatment, despite never having taken opiates in his life. M.O. finally completed a domestic violence No. 24AP-712 3

assessment but had not followed through on the subsequent requirement to attend classes. He repeatedly failed to work with housing services and was living in hotels and a co- worker’s basement. A significant unpaid utility bill in the mother’s name was potentially hampering their ability to obtain housing. By the end of September 2022, M.O. had begun to attend domestic violence classes and submitted to drug screenings, though the results showed inconsistent use of suboxone and occasional use of THC. {¶ 8} The matter proceeded to a hearing before a magistrate. The first day of hearings took place on October 7, 2022, and included testimony by the caseworker and the GAL. The caseworker testified that M.O. was compliant with some of his case plan, including consistent visitation with A.O., mental health counseling, and consistent employment. However, the caseworker recommended against allowing A.O. to return to M.O.’s custody because M.O. had not adequately followed through with services, did not have stable housing, and did not comply with enough drug screens for the caseworker to be able to verify an adequate period of sobriety. He recommended granting legal custody to K.R. The GAL testified that A.O. is bonded with M.O. A.O. indicated that she wanted to live with her mother and M.O., and if that was not possible, she wanted to live with K.R. The GAL recommended that A.O. stay in K.R.’s custody as M.O. was only just beginning to work on various case plan objectives and was not in a position to take custody of A.O. {¶ 9} A second day of hearings took place three weeks later, on October 28, 2022, and included testimony by M.O. and the mother. M.O. testified that he and the mother had secured an apartment a week and a half prior to the date of the second hearing and were in the process of obtaining furniture. He testified that the delay in finding housing from February 2020 to October 2022 was due to COVID and its effect on the economy. He testified that he has consistently complied with his suboxone prescription, though he thought he should not have been prescribed suboxone in the first place. He took opiates from 2004 to 2011 for injuries sustained from falling off a cliff but maintained he had not taken any opiates since 2011. He admitted to smoking marijuana and taking Xanax, though he claimed the Xanax was prescribed by a doctor. He testified that his work schedule prevented him from appearing for drug screens until August 2022. He testified that he completed a domestic violence assessment once it was added to the case plan and that his delay in following through with classes was due to a miscommunication. No. 24AP-712 4

{¶ 10} At the end of the second hearing day, the magistrate announced from the bench that she was awarding custody of A.O. to K.R. M.O. requested findings of fact and conclusions of law in November 2022. The magistrate filed her decision on January 6, 2023, which did not include findings of fact and conclusions of law. M.O. filed objections to the magistrate’s decision, and the trial court remanded the matter to the magistrate in April 2023 to provide findings of fact and conclusions of law. The magistrate retired after the remand, and after various delays, the parties appeared before the trial court in April 2024 and consented to the court reviewing the transcripts and ruling on the objections without conducting further evidentiary hearings. In November 2024, the court entered judgment overruling M.O.’s objections. {¶ 11} The trial court noted the case plan objectives regarding A.O. included requirements that M.O.

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Bluebook (online)
2025 Ohio 4923, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ao-ohioctapp-2025.