In re E.W.

CourtOhio Court of Appeals
DecidedMarch 31, 2026
DocketOT-25-025
StatusPublished

This text of In re E.W. (In re E.W.) 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 E.W., (Ohio Ct. App. 2026).

Opinion

[Cite as In re E.W., 2026-Ohio-1164.]

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT OTTAWA COUNTY

In re E.W. Court of Appeals No. {62}OT-25-0252

Trial Court No. 2024 JUV 255

DECISION AND JUDGMENT

Decided: March 31, 2026

***** Zachary E. Dusza, for appellant.

Sarah A. Nation, for appellee.

*****

DUHART, J.

{¶ 1} This is an appeal by appellant, T.F., the mother (“mother”) of minor child,

E.W., from the May 2, 2025 judgment of the Ottawa County Court of Common Pleas,

Juvenile Division, awarding legal custody of E.W. to his maternal grandmother, appellee,

R.F. (“grandmother”) and supervised visits to mother. For the reasons that follow, we

affirm the trial court’s judgment.

{¶ 2} Mother sets forth two assignments of error:

1. The trial court abused its discretion in awarding custody of the minor child herein to [grandmother] and severely restricting [mother’s] parenting time. 2. The trial court’s decision was against the manifest weight of the evidence.

Background

Michigan

{¶ 3} The following events occurred in Michigan, except where otherwise noted.

{¶ 4} In or about 2003, when mother was 10 years old, she was adopted by

grandmother and her husband, T.F. (“grandfather”). When mother was 18 years old, she

left grandmother’s and grandfather’s (collectively “grandparents”) house. Mother went

to Job Corps when she was 19 years old and earned her GED and CNA license.

{¶ 5} In November 2013, E.W. was born to mother, who was unmarried. Mother

brought E.W. home from the hospital to grandparents’ house and lived there for two to

five months. Mother and E.W. then moved out of grandparents’ house but returned in

about July 2014. Since that time, E.W. has lived with grandparents, and grandmother has

been E.W.’s primary caregiver. Mother moved out of grandparents’ home at some point.

{¶ 6} Also in July 2014, mother filed a petition for the appointment of a limited

guardian for E.W. after grandmother encouraged mother to give grandmother

guardianship of E.W. so grandmother could get him medical care and “sign for him the

things that he needed to get done. . . [T]he guardianship was not meant to be permanent.”

A Michigan probate court granted grandmother a limited guardianship of E.W., when

E.W. was about seven or nine months old. Mother had parenting time with E.W., which

she exercised.

2. {¶ 7} In February 2019, mother gave birth to E.W.’s half-sister, S (“sister”).

Mother was unsure who fathered sister. Mother was homeless when she was pregnant

with sister. After sister was born, grandparents helped mother with sister’s care for

several years. Mother has full custody of sister.

{¶ 8} On May 19, 2022, mother filed an action in the probate court to terminate

the limited guardianship of E.W., and for reunification with E.W.

{¶ 9} In November 2022, grandparents and E.W. moved to Ottawa County, Ohio.

Mother and sister continued to live in Michigan.

{¶ 10} On or about December 1, 2022, grandmother filed a complaint for custody

of E.W. in family court in Jackson County, Michigan. Grandmother alleged, inter alia,

that E.W. primarily lived with grandparents since 2014 when mother asked grandmother

to take E.W. into grandmother’s home. On December 22, 2022, mother filed her answer

to the complaint, in which she admitted the foregoing allegation.

{¶ 11} On February 10, 2023, mother filed, in family court, a motion for visitation

with E.W. and to prohibit grandmother from filing an action outside of the family court’s

jurisdiction regarding the custody, guardianship or adoption of E.W. Mother asserted,

inter alia, that grandparents, without notice to mother or the court, moved with E.W. from

Michigan to Ohio, which was over two hours away from mother, and since May 2022,

visits between mother and E.W. had been challenging. On March 14, 2023, grandmother

filed a response to the motion in which she set forth that the move to Ohio was to

facilitate better employment for grandfather and mother was aware of the move and

encouraged it.

3. {¶ 12} On May 24, 2023, the family court issued an order granting mother and

grandmother joint legal custody of E.W., with grandmother having primary physical

custody. The court further ordered that mother have parenting time with E.W. and pay

child support. Neither grandmother nor mother filed written objections to the order.

{¶ 13} Mother initially had supervised parenting time with E.W. every week for

one hour, then she had unsupervised time with E.W., which eventually led to

unsupervised visits every other weekend. The exchanges of E.W. for visits happened

originally in Jackson, Michigan, but changed to Adrian, Michigan.

{¶ 14} In September 2023, mother filed a motion to modify child support in the

family court. A hearing was subsequently held and mother’s motion was denied.

{¶ 15} In October 2023, there was an incident during an exchange of E.W. from

grandparents to mother. According to grandmother, E.W. did not want to go with mother

for a visit, so mother tried to pull E.W. out of grandparents’ car. Grandmother yelled at

mother to get out of the car. The police were ultimately called, and E.W. went with

mother in accordance with the court order.

{¶ 16} On or about December 19, 2023, mother filed, with the family court, a

motion regarding custody of E.W., in which she sought full legal and sole custody.

{¶ 17} On December 20, 2023, grandmother filed, with the family court, a motion

for, inter alia, a change in custody seeking sole legal custody of E.W. and requesting that

mother’s parenting time be suspended pending a psychological evaluation and the

completion of a parenting course. In the motion grandmother alleged that during

mother’s parenting time with E.W.: mother refused to give E.W. his ADHD medicine;

4. mother focused on E.W.’s hygiene and in November 2023, mother bathed and scrubbed

E.W. (who was 10 years old); mother focused on E.W.’s size and weight and E.W. was

always hungry when he was returned to grandparents; mother brushed E.W.’s teeth until

his gums were red and irritated; and at the beginning of visits, mother took pictures of

E.W. to document any blemishes, but E.W. did not want to be photographed.

{¶ 18} On January 29, 2024, the family court issued an order, inter alia, denying

mother’s motion regarding custody, setting grandmother’s motion for change in custody

for an evidentiary hearing, denying grandmother’s request for a psychological evaluation

of mother, ordering both parties to administer medicine to E.W., ordering both parties to

complete the Children in Between: High Conflict Solution program and file a certificate

of completion, ordering that neither party shall photograph E.W. for litigation purposes

and ordering that neither party shall make derogatory comments about the other.

{¶ 19} On April 15, 2024, the family court considered interim issues, which

consisted of mother’s failure to complete the ordered program, mother’s failure to

administer medicine to E.W. and derogatory/negative comments mother made about

grandmother.

{¶ 20} On April 24, 2024, grandmother filed an ex parte motion to suspend

mother’s parenting time in which it was alleged that mother failed to administer medicine

to E.W. and mother made derogatory/negative comments about grandmother. On April

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Bluebook (online)
In re E.W., Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ew-ohioctapp-2026.