In re Z.T.
CourtOhio Court of Appeals
Date FiledOctober 22, 2026
Docket116252
JudgeClary
StatusPublished
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Full Opinion
[Cite as In re Z.T., 2026-Ohio-4152.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
IN RE Z.T. :
No. 116252
A Minor Child :
[Appeal by Mother, S.R.] :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: October 22, 2026
Civil Appeal from the Cuyahoga County Court of Common Pleas
Juvenile Division
Case No. AD23905122
Appearances:
Patrick S. Lavelle, for appellant.
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Joseph C. Young, Assistant Prosecuting
Attorney, for appellee CCDCFS.
TIMOTHY W. CLARY, J.:
Appellant S.R. (“Mother”), appeals from the juvenile court’s order
that awarded legal custody of her minor child, Z.T. (d.o.b. 11/17/2016), to her
paternal aunt, T.L. For the following reasons, we affirm.
I. Factual and Procedural History
On April 26, 2023, the Cuyahoga County Division of Children and
Family Services (“CCDCFS” or “agency”) filed a complaint alleging that Z.T. was
dependent and requesting a disposition of temporary custody to the agency. Z.T.
was removed from Mother’s home the following day, and her brother, L.O. (d.o.b.
4/17/2009), was removed the next month. This appeal involves the custody of Z.T.
only.
In July 2023, the juvenile court issued a judgment entry and findings
of fact that stated Mother stipulated to the amended complaint. The amended
complaint states, in relevant part:
1. Z.T. was placed in the pre-dispositional temporary custody of the
agency in a private custody matter. See case no. FA23101070.
2. Mother has mental health concerns, including depression and anger
management. Mother needs to engage in a mental health assessment
and to follow all treatment recommendations.
3. Mother is currently on probation after convictions for burglary and
felonious assault. See Cuyahoga County Court of Common Pleas case
no. CR-22-. . . .
4. L.O. was previously adjudicated neglected and dependent, due in
part to concerns about mother’s parenting skills and mental health
issues. See case no. AD11907729. L.O. was ultimately returned to
mother’s care.
5. Mother has two other children who were previously adjudicated
neglected, dependent, and/or abused, due in part to concerns about
mother’s parenting skills and mental health issues. See case nos.
AD11907728 and AD03902781. The children were ultimately
committed to the permanent custody of CCDCFS. . . .
The court adjudicated Z.T. as dependent, committed Z.T. to the
temporary custody of the agency, and placed Z.T. with relatives. The agency placed
L.O. in a qualified residential treatment program (“QRTP”) on July 7, 2023. In
September 2023, the agency placed Z.T. in the care of her paternal aunt, T.L., with
whom the child remained throughout the duration of the case. Mother was
permitted supervised visitation with Z.T.
The court granted two extensions of temporary custody to allow
Mother an opportunity to complete all the objectives on her case plan.
On March 24, 2025, the agency filed a motion to modify temporary
custody of Z.T. to T.L.’s legal custody. Four months later, Mother filed a motion for
legal custody of L.O. and Z.T. Additionally, L.T. (“Father”), father of Z.T., filed a
separate motion requesting legal custody of Z.T. to his sister, T.L. On September 4,
2025, the agency filed an amended request asking the court to terminate temporary
custody and grant legal custody to Mother with court-ordered protective
supervision. T.L. then filed a motion for companionship time.
The juvenile court conducted trial on December 4, 2025, at which
time Mother and the agency — as well as Z.T.’s attorney — requested that Mother be
awarded legal custody of Z.T., with court-ordered protective supervision.
Conversely, Father requested legal custody of Z.T. be awarded to T.L. The following
individuals testified at trial: Alexandria Douglas (“Douglas”), Sabbrina Pompey
(“Pompey”), T.L., Father, and Z.T.’s guardian ad litem (“GAL”).
A. Alexandria Douglas
Agency worker Douglas testified about her work with Z.T. for over a
year.
Douglas stated that Mother’s case plan includes mental-health
services, substance-abuse services, parenting classes, basic needs, and housing. Per
Douglas, she and Mother met monthly in Mother’s home. She further stated that
Mother currently lives in her own three-bedroom home with her son, L.O., with
whom Mother was reunified in October 2025. Douglas testified that the home is
appropriate and Mother has sufficient income to provide for the basic needs of both
Z.T. and L.O. When questioned about Mother’s ability to meet the children’s basic
needs, Douglas admitted that she does not know the cost of Mother’s rent or other
bills, but she stated that Mother was current on rent and utility bills three months
prior to trial. Douglas also stated that she believed Mother was employed at Dunkin
Donuts for five or six months prior to trial but she did not know how many hours
per week she worked or her hourly pay rate. Douglas stated that she does not know
if Mother receives food stamps although Mother has access to the local food pantry.
Douglas testified that Mother, who abused K-2/Spice (a synthetic
cannabinoid), is currently engaged with intensive outpatient substance-abuse
treatment; has been sober since March 2025 — after a relapse in December 2024 or
January 2025; and submits weekly drug screens. Douglas stated that Mother “has
been very diligent with maintaining her sobriety. She continues to engage and
have positive attitudes.” Tr. 25. According to Douglas, Mother voluntarily
continues to receive substance-abuse services and engages in weekly mental-health
treatment. Douglas testified that Mother had completed her case-plan services and
she had benefited from each of the services she received. Douglas further testified
that Mother’s “children are one of her biggest pushes in maintaining her sobriety
and maintaining her mental health.” Tr. 43. Douglas stated that if Mother was
granted legal custody, Mother would maintain Z.T.’s relationship with T.L. and her
extended family.
According to Douglas, Mother and Z.T. engaged in overnight
weekend visits for three months prior to trial. Douglas indicated that Mother and
child enjoyed their visitation time; Mother was able to redirect Z.T. when necessary;
and she was able to appropriately punish Z.T. Douglas stated that she completed
unannounced visits and observed Mother and child in a bonded, positive
relationship. Douglas further stated that she did not observe any inappropriate
conduct. Douglas also testified that the court had granted Mother additional
visitation time with Z.T. on Mondays, but several months later, Mother had not yet
extended her visitation time to include Mondays.
Douglas testified that Z.T. has “some minor behavioral concerns” for
which she receives treatment at school from counselor Pompey and meets with a
mental-health counselor outside of school. Tr. 18. Douglas stated that Mother has
been open to counseling so she anticipated Mother would continue with Z.T.’s
current counseling and engage in family counseling as recommended by Pompey.
Douglas communicated with Z.T. outside of Mother’s presence about
Z.T.’s preferences for legal custody, and Z.T. told her she would prefer to live with
Mother and maintain contact with T.L. Douglas stated that she did not believe Z.T.’s
comments were inappropriately influenced by Mother’s coaching. Douglas testified
that reunification with Mother, with protective supervision, was in the child’s best
interest.
Douglas testified about Z.T.’s brother, L.O., who exhibited AWOL
tendencies while living in QRTP, a group home; Douglas denied any such behavior
occurred in the last several months after L.O. was returned to Mother’s care.
Douglas further testified that L.O. previously exhibited sexualized behavior —
urinating on Z.T. — which contributed to the children’s removal from Mother’s
custody. Douglas stated that L.O. had received services for his sexualized behaviors
and continued to receive counseling. Douglas further stated that she and Mother
discussed appropriate boundaries with respect to Z.T. and L.O.:
We’ve talked about appropriate boundaries. She does have a camera in
her living room. She does have sensors on her doors. I believe she
wants to get those, as well as making sure that [L.O.] is not supervising
[Z.T.] alone as well.
Tr. 45. Douglas stated that there had been no opportunity for Z.T. and L.O. to be
together since their initial removal from Mother’s custody and, accordingly, they
had not participated in joint counseling.
Douglas testified that she heard from Pompey — Z.T.’s counselor —
that Mother and Z.T. should participate in family counseling prior to reunification
but no such counseling had occurred because Pompey did not make the necessary
arrangements. Douglas indicated that she also spoke with Mother about family
counseling at least three months prior to trial, but Mother had not coordinated any
treatment for the family. Douglas also testified that she did not believe family
counseling was necessary prior to reunification.
Douglas stated that she believes L.O. and Z.T. are old enough to
protect themselves from Mother. She also stated that because Z.T. is “very smart”
and can identify appropriate behavior, she has the knowledge to remove herself
from a compromising situation with L.O. Douglas conceded that Z.T. does not have
the physical ability to self-protect herself from L.O.
Douglas testified that Mother has a suspended driver’s license and
does not own a vehicle. The agency worker also stated that Mother coordinates
L.O.’s school transportation either by Uber ride or with family members and Mother
hopes that Z.T. can take the bus for school transportation. Douglas indicated that
Mother intends to coordinate her work schedule so that she can place Z.T. on the
bus and get her after school. Yet, Douglas also testified that she does not know
Mother’s schedule and Mother had not made any work arrangements at the time of
trial.
Douglas testified that Z.T. and T.L. are bonded and that Z.T. does
“pretty well” in T.L.’s home. Tr. 16. Douglas testified that T.L. ensures that Z.T.
attends school on a daily basis although Douglas had learned from Z.T.’s GAL on the
morning of trial that Z.T. is often tardy to school. She stated that because of Mother
and T.L.’s strained relationship, legal custody to T.L. could adversely impact
Mother’s visitation with Z.T., yet Douglas could not identify any court order with
which T.L. had refused to comply during the time Z.T. had been in her care.
Douglas knew that L.O. and L.O.’s other sister — not Z.T. — had been
previously removed from Mother’s care but she did not know that the sister allegedly
suffered from shaken-baby syndrome. Douglas also did not know if the allegations
related to the other sister resulted in a conviction for Mother. She stated that Mother
had a fourth child but Douglas did not know the custodial status of that child. 1
Douglas indicated that prior cases were relevant to her review of Mother’s case, but
she did not know how many cases involving Mother had been filed over the years.
Douglas also stated that she did not know the standards for reunification.
Douglas testified that she had met with Father only once and he did
not participate in his case-plan services.
B. Sabbrina Pompey
Pompey, Z.T.’s social worker and counselor, met with Z.T. at school
weekly from June through October 2025, when Pompey took a leave of absence.
Pompey did not offer an opinion about who should be granted legal
custody of Z.T. Pompey stated that when Z.T. began home visits with Mother, she
made the following observations:
1 The stipulated amended complaint states Mother’s two children, besides Z.T. and
L.O., were previously adjudicated neglected, dependent, and/or abused and committed to
the permanent custody of the agency.
So my issues with my client during sessions would be her regression as
in sharing her emotions, regulating her emotions, being able to express
basic emotions about her visits with mom.
I did have — well, she brought up an issue concerning her brother, I
would say more issues of her regressing as in she was doing good when
we first started, but as soon as visits came about, it just seems like my
client shut down.
Tr. 92-93. Pompey could not identify the reason for the changes in Z.T. She agreed
that Z.T. could have “shut down” and become “emotionally unavailable” because
several people — including her GAL, attorney, social worker, and the magistrate —
asked her the same questions about whether she was safe in her home, if she had
experienced any incidents, and did she have concerns about her brother. Tr. 101.
Pompey also testified that Z.T.’s lack of emotion could have been caused by anxiety
or representative of a typical nine-year-old child’s behavior.
Z.T. had indicated to Pompey that she could not talk with Mother
about her experiences or emotions, and Pompey testified that it would be in the
child’s best interest to address this issue in family counseling before Mother and Z.T.
were reunified.
Pompey attempted to provide individual counseling to Z.T. in regard
to past interactions with her brother, but she was not successful. Pompey stated that
Z.T. was also unwilling to discuss her relationship with her brother. Z.T. never
expressed to Pompey a fear of interacting with her brother. Pompey stated that she
was unaware of the siblings engaging in any family counseling. Pompey testified
that if Z.T. and L.O. were to live in the same household, she would want to ensure
they were isolated in different rooms with “continuous watch of the kids.” Tr. 97. In
regard to self-protection, Pompey was unsure if Z.T. could self-protect herself from
L.O.
Pompey stated that regardless of who was granted legal custody,
Mother and Z.T. should engage in mandatory family counseling and Z.T. should
continue with her individual therapy. Pompey also voiced her concern as to whether
Mother would be emotionally available to Z.T. and opined it would be in Z.T.’s best
interest to address this issue through family counseling prior to reunification.
Pompey denied that it was her responsibility to coordinate family
counseling for the family. She stated that she does not have a release that would
permit her to contact mom directly and denied that anyone from the agency asked
her to schedule family counseling.
C. Paternal Aunt, T.L.
T.L., sister to Father and paternal aunt to Z.T., stated her desire to be
designated Z.T.’s legal custodian. T.L. testified that Z.T. is “a good kid” who has a
“very difficult time articulating” her emotions. Tr. 110. To assist Z.T., T.L.
encourages Z.T. to communicate and provides counseling resources for the child.
She testified that Z.T. finished the first quarter of school well, earning all Bs. She
further testified that Z.T. was tardy five times during the 2025-2026 school year,
once due to Mother’s actions and several times because daycare got her to school
late. She also testified that during the 2024-2025 school year, Z.T. received several
therapy sessions prior to the school day and, under those circumstances, T.L. could
not get the child to school on time. T.L. subsequently rescheduled the counseling
sessions so that they did not interfere with Z.T.’s schooling.
T.L. stated that she was concerned that if Mother was granted custody
that she would not ensure that Z.T. received the necessary therapy. She stated that
in the past Mother had not coordinated Z.T.’s regular participation in individual
therapy and Mother failed to participate in Z.T.’s parent-teacher conference in
October 2025. T.L. voiced her concerns that Mother was still involved with a prior
boyfriend who had a criminal record; T.L. testified that she saw Mother and her ex-
boyfriend together in a vehicle in 2023 and twice since that time. T.L. testified that
per Z.T., the ex-boyfriend told Z.T. that he “kills kids.” Tr. 119. T.L. also stated that
she was concerned about Z.T. being left alone with L.O. because L.O.’s sexualized
behavior occurred previously when Mother left the children alone in the house.
T.L. testified that while Z.T. has been in her care, Mother has
contributed approximately $50 for her care and support.
T.L. testified to Mother’s past behavior that preceded the filing of the
instant action, including Mother pleading guilty in 2023 to aggravated burglary and
aggravated assault and being sentenced to probation. T.L. testified that she was
unaware of any criminal acts that occurred at Mother’s current house, but stated in
the past Mother sold drugs and “had a lot of traffic at her homes which can of course
create chaos.” Tr. 134-135. T.L. also stated that Mother has been known to “feed
people” and “drama follows [Mother].” Tr. 135. T.L. testified that she had been
informed that Mother lacks a valid driver’s license and she was concerned because
she had seen Mother, Mother’s ex-boyfriend, and the ex-boyfriend’s mother driving
Z.T.
T.L. stated that if she was granted legal custody of Z.T., she would
follow court orders and facilitate visitation between Mother and Z.T. as she has done
during the past two years. T.L. conceded that she and Mother have had a “rocky
relationship” since T.L. reported Mother to CCDCFS several years ago. Tr. 126-127.
T.L. stated that she knows Mother loves Z.T., but she does not agree with all of
Mother’s life choices.
D. Father
Father testified that he was undergoing treatment for substance
abuse, which is part of his case plan. Father further testified that he does not
maintain a visitation schedule with Z.T.
Father stated that he would like legal custody of Z.T. to be awarded to
his sister, T.L., and he was concerned about Z.T. being placed with Mother. Father
testified that Mother and her ex-boyfriend lived with him in 2024, and he had a
“strong intuition” that they have continued their relationship. Tr. 151. Father
testified that he believes Mother continues to traffic drugs. Father also testified that
Mother physically threatened him during trial.
Father also stated that before L.O. and Z.T. were removed from
Mother’s custody in 2023, he had learned from L.O. that L.O. had been molested by
foster parents, which Father relayed to Mother but “she never addressed it.” Tr. 151.
Father testified about his concern that L.O.’s sexualized behavior towards Z.T.
demonstrated a “repeated cycle.” Tr. 151. Father also voiced his concern that if Z.T.
is placed with Mother another incident may occur from which Z.T. cannot recover.
E. Child’s GAL
The GAL acknowledged that Mother loves her children and has
worked hard to complete her case service plan and provide a nice home. The GAL
stated that in the past, Z.T. vacillated between wanting to live with her aunt or her
Mother, but most recently she had indicated her desire to live with Mother. The
GAL acknowledged that Mother had equipped her home with cameras, but the GAL
felt there was too much uncertainty about whether Mother could protect Z.T. The
GAL recommended that the court grant legal custody to T.L. because Z.T.’s behavior
and openness had diminished since commencing visitations with Mother; Mother
could not financially support the two children based upon her part-time
employment; Mother lacked initiative to follow through and implement the
increased visitation time on Mondays; and because he believed that Mother was not
honest about who was responsible for the 2011 incident where her daughter suffered
from shaken-baby syndrome.
In addition to his trial testimony, the GAL provided the court with two
detailed written reports based upon, but not limited to, a review of relevant
pleadings, home visits with both children, personal participation in the
September 3, 2025 staffing meeting, an unannounced observation of the exchange
of Z.T. between Mother and T.L., a surprise home visit with Mother, and a phone
call with Mother and a social worker.
In his initial April 2025 report, the GAL stated Mother was unfit to
parent because of the minimization of her responsibility for the safety and
protection of her children. The GAL described L.O. as a 16-year-old child with the
body of a plus-sized adult male. In his initial report, the GAL recommended
permanent custody of the children to the agency because the relationship between
Mother and T.L. was contrary to legal custody.
In an October 2025 report, the GAL recommended that the court
grant legal custody of Z.T. to T.L., with visitation with Mother. He indicated that
prior to the court’s in camera interview with Z.T., the child voiced her desire to live
with T.L., and he believed that Z.T.’s subsequent change of heart to live with Mother
was because of coaching by either Mother or L.O.
The report listed concerns about L.O.’s recent defiant behavior and
how placement in the same home with L.O. would be contrary to Z.T.’s best
interests. The report discussed Z.T.’s increased anxiety and negative attitude when
she commenced overnight visitation with Mother. The GAL indicated that he had
confronted Mother about allowing Z.T. and L.O. to sleep in the same bed with her
during overnight visits. The report stated that Mother exhibited outbursts with the
GAL during phone conversations and in-home visits and as recently as September
2025 during a SAR meeting. The GAL reported Mother’s incorrect comments
during a June 2025 home visit — denying her past use of K-2/Spice and blaming
Father for spreading rumors about L.O.’s sexualized behavior towards Z.T. The GAL
stated that he interpreted these comments as either Mother reimagining the facts to
conform to current truths or presenting answers that she believed represented what
professionals wanted to hear.
The GAL recognized Mother’s significant case plan progress but
questioned the sustainability of those improvements. He noted that Mother
historically had exhibited limited periods of stability to regain custody and then
returned to her past behaviors; in his mind, Mother had not displayed consistency,
stability, or safety for her young children. He also noted that Z.T. cannot protect
herself from L.O. or Mother’s poor decisions. The GAL found Mother’s salary from
working 9-16 hours per week, plus her federal supplemental income, insufficient to
meet the financial needs necessary to support herself and her two children. He also
questioned the added expense of Lyft and Uber that Mother allegedly used for
transportation purposes. The GAL questioned whether Mother’s lifestyle was
financially supplemented by illicit means.
The GAL stated that Mother had been observed driving with and
engaging with her former boyfriend who was a negative influence. Further, Mother
was videotaped driving a vehicle even though Mother denied driving because she
does not hold a valid driver’s license.
According to the GAL, Z.T. thrives under T.L.’s care. Z.T. participates
in church and Girl Scouts, where she has fostered healthy friendships. T.L. related
to the GAL about an incident where Mother absconded with Z.T. following a visit
and the police were contacted to intervene. For the foregoing reasons, the GAL
opined a grant of legal custody in any form to Mother would not be in Z.T.’s best
interest.
F. Post-Trial
On December 9, 2025, the magistrate issued a decision
recommending Z.T.’s placement in the legal custody of T.L., and Mother filed
objections to the magistrate’s decision. The juvenile court overruled Mother’s
objections and committed Z.T. to T.L.’s legal custody.
On March 16, 2026, Mother filed a timely notice of appeal, and she
now presents a sole assignment of error:
The trial court’s decision to award legal custody to the paternal [aunt]
T.L. was against the manifest weight of the evidence.[2]
II. Legal Analysis
In her sole assignment of error, Mother contends that the juvenile
court’s judgment denying her motion for legal custody while simultaneously
awarding legal custody of Z.T. to paternal aunt, T.L., was against the manifest weight
of the evidence.
A. Standard of Review
According to R.C. 2151.353(A)(3), a court may award legal custody of
a child who has been adjudicated abused, neglected, or dependent, to a person who,
prior to the dispositional hearing, filed a motion requesting legal custody. Legal
custody is statutorily defined as
2 Appellant’s brief incorrectly references T.L. as the paternal grandmother rather
than the paternal aunt.
a legal status that vests in the custodian the right to have physical care
and control of the child and to determine where and with whom the
child shall live, and the right and duty to protect, train, and discipline
the child and to provide the child with food, shelter, education, and
medical care, all subject to any residual parental rights, privileges, and
responsibilities. An individual granted legal custody shall exercise the
rights and responsibilities personally unless otherwise authorized by
any section of the Revised Code or by the court.
R.C. 2151.011(B)(21). “Legal custody is significantly different than the termination
of parental rights because despite losing legal custody of a child, the parents of the
child retain residual parental rights, privileges, and responsibilities.” In re V.P.,
2020-Ohio-5626, ¶ 31 (8th Dist.), citing R.C. 2151.353(A)(3)(c). Thus, “[j]uvenile
courts are afforded broad discretion in fashioning a disposition following the
adjudication of a child as being abused, neglected, or dependent, because the courts
are charged with protecting the best interests of children.” In re R.G.M., 2024-Ohio-
2737, ¶ 16 (8th Dist.).
“When a juvenile court awards legal custody following an
adjudication of abuse, neglect or dependency, “‘it does so by examining what would
be in the best interest of the child based on a preponderance of the evidence.”’” In
re A.C., 2019-Ohio-5127, ¶ 15 (8th Dist.), quoting In re T.R., 2015-Ohio-4177, ¶ 44
(8th Dist.), quoting In re M.J.M., 2010-Ohio-1674, ¶ 11, 14 (8th Dist.). Accordingly,
on a request for legal custody, a reviewing court applies a preponderance-of-the-
evidence standard of appellate review to the court’s factual findings. In re W.A.J.,
2014-Ohio-604, ¶ 2 (8th Dist.), citing In re G.M., 2011-Ohio-4090, ¶ 14 (8th Dist.).
However, the ultimate decision to grant or deny a request for legal custody — or
‘“whether the facts as determined would make it in the child’s best interests to be
placed in legal custody’” — is reviewed for an abuse of discretion. In re W.A.J. at ¶ 2,
quoting In re G.M. at ¶ 14.
A “preponderance of the evidence” means evidence that is “‘more
probable, more persuasive, or of greater value.’” In re C.V.M., 2012-Ohio-5514, ¶ 7
(8th Dist.), quoting In re D.P., 2005-Ohio-5097, ¶ 52 (10th Dist.). The term abuse
of discretion “implies that the court’s attitude is unreasonable, arbitrary or
unconscionable.” Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). An abuse
of discretion occurs when a court exercises its judgment in an unwarranted way
regarding a matter over which it has discretionary authority. Johnson v. Abdullah,
2021-Ohio-3304, ¶ 35.
Additionally, “[a] custody decision will not be overturned as being
against the manifest weight of the evidence if it is supported by competent, credible
evidence.” In re Ry.T., 2023-Ohio-12, ¶ 24 (8th Dist.), citing In re D.G.B., 2019-
Ohio-3571, ¶ 25 (8th Dist.). When reviewing a juvenile court’s decision under a
manifest-weight-of-the-evidence standard,
the appellate court must weigh the evidence and all reasonable
inferences, consider the credibility of the witnesses, and determine
whether, in resolving conflicts in the evidence, the finder of fact clearly
lost its way and created such a manifest miscarriage of justice that the
judgment must be reversed and a new trial ordered. “In weighing the
evidence, the court of appeals must always be mindful of the
presumption in favor of the finder of fact.” “The underlying rationale
of giving deference to the findings of the trial court rests with the
knowledge that the trial judge is best able to view the witnesses and
observe their demeanor, gestures and voice inflections, and use these
observations in weighing the credibility of the proffered testimony.”
“‘If the evidence is susceptible of more than one construction, the
reviewing court is bound to give it that interpretation which is
consistent with the verdict and judgment, most favorable to sustaining
the verdict and judgment.’”
(Cleaned up.) In re Z.C., 2023-Ohio-4703, ¶ 14; see also State v. Reillo, 2026-Ohio-
2701, ¶ 3 (“An appellate court sits as the thirteenth juror only when evidence
contradicts a fact-finder’s findings, or when a witness’s testimony is so inconsistent
as to material facts, so impeached, or so fantastical as to make it patently
unbelievable.” (Citation omitted.)).
B. Analysis
There is no specific test applied or set of criteria considered when
determining the best interests of a child with respect to a motion for legal custody.
R.C. 2151.353(A)(3); In re G.M., 2011-Ohio-4090, at ¶ 15 (8th Dist.). Yet, the R.C.
2151.414(D) best-interest factors applied in permanent custody cases may be
instructive in the legal custody determination. In re G.M. at ¶ 15-16. The R.C.
2151.414(D) factors are (1) the interaction and interrelationship of the child with the
child’s parents, siblings, relatives, caregivers, and persons who may significantly
affect the child; (2) the wishes of the child, as expressed by the child or the GAL; (3)
the child’s custodial history; and (4) the child’s need for a legally secure permanent
placement. R.C. 2151.414(D).
This court has also looked to R.C. 3109.04(F)’s best-interest factors
to determine a child’s best interest in a motion for legal custody. In re J.T., 2022-
Ohio-4747, ¶ 40 (8th Dist.). Such factors include, but are not limited to:
(1) the wishes of the child’s parents regarding the child’s care;
(2) the child’s interaction and interrelationships with the child’s
parents, siblings and any other person who may significantly affect the
child’s best interest;
(3) the child’s adjustment to home, school and community;
(4) the mental and physical health of all persons involved in the
situation; and
(5) the extent to which court-approved visitation and companionship
rights are likely to be honored and facilitated.
R.C. 3109.04(F); In re A.G.H., 2026-Ohio-3235, ¶ 34 (8th Dist.), quoting In re A.D.,
2017-Ohio-6913, ¶ 32 (6th Dist.), quoting In re A.K., 2012-Ohio-4430, ¶ 25 (9th
Dist.) (“‘In making . . . a [best interest] determination [in a legal custody case,]
“courts have looked to the best interest factors of R.C. 2151.414(D), R.C.
3109.04(F)(1), a combination of the two, or general notions of what should be
considered regarding the best interests of the [child].”’”).
After careful consideration, we find the record supports the juvenile
court’s findings by a preponderance of the evidence. The record shows that T.L. had
provided Z.T. with a safe and stable home environment for approximately 27
months, and under T.L.’s care, the child engaged in extracurricular activities,
received regular therapy, and excelled at school. There was a bond between T.L. and
Z.T. There were no concerns about Z.T. living with T.L. — except for arriving late to
school a few times — and T.L. was able to meet the child’s needs. While T.L. and
Mother had a contentious relationship, the women had communicated for over two
years to coordinate their schedules and work together for Z.T.’s benefit.
With respect to Mother, Mother complied with her case plan, but the
juvenile court nevertheless granted legal custody to the paternal aunt. The record
shows that Mother loves Z.T. and wishes to have the child returned to her home.
Prior to trial, Z.T. verbalized her preference to be placed in Mother’s legal custody,
although the GAL questioned whether those statements were inappropriately
influenced by Mother or L.O. Mother maintained her participation in mental-health
and substance-abuse services and indicated she would continue counseling services
for Z.T. Mother’s home was appropriate; conflicting evidence was submitted as to
whether Mother could meet Z.T.’s basic needs. The record shows that Mother
completed her case-plan services and demonstrated nine months of sobriety, but the
principal concern in a custody determination is the child’s best interest. In re N.N.,
2021-Ohio-3931, ¶ 24 (8th Dist.). While Mother’s completion of her case plan may
have been in Mother’s best interest, this was not a factor in determining what was
in Z.T.’s best interest. Id. at ¶ 14; In re M.J.M., 2010-Ohio-1674, ¶ 14 (8th Dist.).
Beyond satisfaction of her case-plan services, the record presents
evidence that Mother cannot adequately protect Z.T. from L.O. Testimony indicated
Z.T. could potentially self-protect herself on an emotional level, but could not
physically self-protect herself from L.O., who was described as a 16-year-old child
with the frame of a plus-sized adult male. Additionally, Mother’s actions such as
allowing the children to sleep together in the same bed indicated a lack of judgment
and inability to appropriately protect Z.T. The children have not engaged in
counseling, nor have Z.T. and Mother engaged in family counseling, even though it
was recommended by Z.T.’s counselor, Pompey.
T.L. testified that Z.T.’s behavior was adversely impacted following
overnight visitations with Mother. Pompey similarly testified that since overnight
visitations with Mother, Z.T. had become less forthright during therapy sessions
although the therapist could not state with certainty that the changes were because
of Z.T.’s interactions with Mother.
The GAL, whose sole responsibility is to advocate for the child’s best
interests, recommended legal custody to T.L. The GAL stated that Z.T.
demonstrated disrespectful behavior following the initiation of her overnight
visitations with Mother. The GAL acknowledged Mother’s completion of her case-
plan services but questioned whether she had benefitted from the services. For
instance, Mother exhibited outbursts towards the GAL during telephone calls, at
home visits, and during a SAR meeting as recent as three months prior to the
custody trial. The GAL referenced Mother’s younger daughter who suffered from
shaken-baby syndrome. The GAL did not believe legal custody to Mother would be
in Z.T.’s best interest; the GAL stated that Z.T. thrived in T.L.’s care, and he
recommended legal custody to her. The court also conducted an in camera interview
of Z.T. and considered that interaction when making its custody determination.
The juvenile court found that Mother was unfit because she
minimized her responsibilities for the safety and protection of Z.T. The juvenile
court found the GAL’s testimony and report relevant and persuasive on Mother’s
unsuitability as a parent, and the record supports such a finding. Mother’s
completion of her case-plan services did not preclude this finding. In re Higby, 81
Ohio App.3d 466, 471 (9th Dist. 1992) (“While [Father] presented evidence that he
had fully complied with [his] case plan, we find that the evidence supports the
court’s conclusion that [Father] is not a suitable parent to take custody of [his
child].”) Further, we can infer Mother’s unsuitability where the trial court
adjudicated Z.T. dependent and Mother did not regain legal custody of her during
the pendency of the case. In re A.S., 2026-Ohio-3906, ¶ 34.
Collectively, we find that the foregoing evidence demonstrates that
Z.T. needed a legally secure placement that could not be achieved with an award of
legal custody to Mother. Given the presented evidence, we cannot say that the
juvenile court’s determination that it was in Z.T.’s best interest to be placed in the
legal custody of T.L. was arbitrary or unreasonable. The record supports the court’s
findings by a preponderance of the evidence, and the grant of legal custody to T.L.
was not against the manifest weight of the evidence. The court’s award of legal
custody to T.L. was in Z.T.’s best interest and, accordingly, we overrule Mother’s sole
assignment of error.
Judgment affirmed.
It is ordered that appellee recover from appellant the costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the
common pleas court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27
of the Rules of Appellate Procedure.
_______________________
TIMOTHY W. CLARY, JUDGE
MICHAEL JOHN RYAN, P.J., and
DEENA R. CALABRESE, J., CONCUR