Johnson v. Varney

Ohio Supreme Court

Johnson v. Varney

31 Ohio Law Rep. 58

CourtOhio Supreme Court

DecidedMay 19, 1965

Docket38923

StatusPublished

This text of 31 Ohio Law Rep. 58 (Johnson v. Varney) 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

Johnson v. Varney, 31 Ohio Law Rep. 58 (Ohio 1965).

Pincite

Opinion

Taft, Chief Justice.

1. A mother who does not have custody of her child has a duty to give some personal care and attention to that child even though the child is being properly supported and maintained by his father.

[59]*592. Where a mother knows of her duty to give some personal care and attention to her child, is able to do so, and completely fails to give any care or attention to such child, such failure may justify a finding that she willfully failed to properly “maintain the child” within the meaning of those words as used in Section 3107.06 (B) (4), Revised Code.

Judgment reversed.

Zimmerman, O’Neill, Herbert and Schneider, JJ., concur. Matthias and Brown, JJ., dissent.

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Taft, Chief Justice.

1. A mother who does not have custody of her child has a duty to give some personal care and attention to that child even though the child is being properly supported and maintained by his father.

[59]*592. Where a mother knows of her duty to give some personal care and attention to her child, is able to do so, and completely fails to give any care or attention to such child, such failure may justify a finding that she willfully failed to properly “maintain the child” within the meaning of those words as used in Section 3107.06 (B) (4), Revised Code.

Judgment reversed.

Zimmerman, O’Neill, Herbert and Schneider, JJ., concur. Matthias and Brown, JJ., dissent.

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Bluebook (online)

31 Ohio Law Rep. 58, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-varney-ohio-1965.