In re Gossette

Ohio Supreme Court

In re Gossette

326 N.E.2d 675, 42 Ohio St. 2d 143, 71 Ohio Op. 2d 117, 1975 Ohio LEXIS 473

CourtOhio Supreme Court

DecidedApril 23, 1975

DocketNo. 74-542

StatusPublished

Cited by1 cases

This text of 326 N.E.2d 675 (In re Gossette) 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 Gossette, 326 N.E.2d 675, 42 Ohio St. 2d 143, 71 Ohio Op. 2d 117, 1975 Ohio LEXIS 473 (Ohio 1975).

Pincite

Opinion

Per Curiam.

R. C. 2151.23(A)(3) states that the Juvenile Court has exclusive original jurisdiction “to hear and determine any application for a writ of habeas corpus involving the custody of a child.”

This is not a dispute between parents over the custody of their child. In this case, in order for the Juvenile Court to deprive Mrs. White of the custody of Mark, it is necessary that she be found to be an unfit parent and that such finding result from a hearing at which the parties are accorded due process. The record does not show that the Juvenile Court made any finding that Mrs. White was an unfit parent.

Accordingly, the judgment of the Court of Appeals is reversed, and the cause is remanded to the Juvenile Court for further proceedings not inconsistent with this opinion.

Judgment reversed.

O’Neill, C. J., Herbert, Corrigan, Stern, Celebrezze, W. Bbown and P. Brown, JJ., concur.

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