In re V.W.
CourtOhio Court of Appeals
Date FiledNovember 12, 2026
Docket116632
JudgeBoyle
StatusPublished
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Full Opinion
[Cite as In re V.W., 2026-Ohio-4494.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
IN RE V.W. :
: No. 116632
[Appeal by V.R., Father] :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: November 12, 2026
Civil Appeal from the Cuyahoga County Court of Common Pleas
Juvenile Division
Case No. AD24912693
Appearances:
Dawn Snyder Law LLC and Dawn Snyder, for appellant.
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Joseph C. Young, Assistant Prosecuting
Attorney, for appellee CCDCFS.
MARY J. BOYLE, J.:
Appellant V.R. (“Father”) appeals the decision of the Cuyahoga
County Juvenile Court awarding permanent custody of his son, V.W., to the
Cuyahoga County Division of Children and Family Services (“CCDCFS” or “agency”).
Father raises the following three assignments of error for our review:
Assignment of Error I: The trial court erred when it denied Father’s
request for a continuance of permanent custody trial.
Assignment of Error II: The trial court erred when it entered a
disposition based on withdrawn allegations from the complaint.
Assignment of Error III: The trial court erred when it awarded
permanent custody to [CCDCFS].
For the reasons set forth below, we affirm.
I. Facts and Procedural History
In December 2024, CCDCFS filed a complaint alleging that V.W.,
born in December 2018, was neglected and dependent and requesting a
dispositional order of temporary custody to CCDCFS. The complaint alleged V.W.’s
mother (“Mother”) had substance-abuse issues that prevented her from providing
appropriate care for V.W. and his younger sibling.1 With regard to Father, the
complaint claimed that “[a]lleged father of V.W., [Father], has failed to establish
paternity and has failed to support, visit, or communicate with V.W. on a consistent
basis.” (Compl. ¶ 6.) The same day, an emergency custody hearing was held and
V.W. was committed to the emergency temporary custody of CCDCFS. In February
2025, CCDCFS amended the complaint to remove allegations that Father “had failed
to support, visit, or communicate with V.W. on a consistent basis.” The only
remaining allegation specifically against Father was that he had not established
paternity of V.W. In March 2025, the juvenile court adjudicated V.W. dependent
and ordered him committed to the temporary custody of CCDCFS.
1 Mother has not appealed the juvenile court’s judgment. Therefore, the facts and
findings related to Mother will be discussed only where relevant. V.W.’s younger sibling
was also involved in the juvenile court proceedings, but that child is not the child of Father
and is not involved in this appeal.
In September 2025, CCDCFS filed a motion to modify temporary
custody to permanent custody because of both Mother’s and Father’s lack of
commitment, support, consistent communication, and provision of adequate
housing and basic needs for V.W. In April 2026, a permanent custody hearing was
held before a juvenile court judge. Neither Mother nor Father were present and both
of them failed to provide prior notice of their absence. Counsel for both Mother and
Father moved for a continuance. The juvenile court overruled the requests and the
trial proceeded. The following is a summary of the relevant testimony adduced at
trial.
Following V.W.’s removal, CCDCFS implemented a case plan to
promote the permanency plan of reunification. Father’s only case-plan objective
was to establish paternity of V.W., which Father did in April 2025. CCDCFS case
worker Kayla Schoonover (“Schoonover”) testified that, following his removal, V.W.
was placed with his maternal step-grandmother (“Step-grandmother”). Schoonover
explained that, at the time of V.W.’s removal, Father indicated that V.W. “would be
better off with grandma. And if later down the road he was needed, then he would
step in.” (Tr. 19.) Schoonover testified that during summer 2025, the agency
“needed him to step in” and contacted Father “to see if he would be willing to take
legal custody of [V.W.] That way we could get visits established, and he could create
a relationship with [V.W.].” (Tr. 20.) At that time, CCDCFS “had started talking
about filing a motion for permanent custody of [V.W.] and wanted to give him the
opportunity to be able to get legal custody of [V.W.] if that’s what he wanted.” (Tr.
23.) Even then, Schoonover described her contact with Father as “[v]ery minimal.
He doesn’t always respond. Or if I do get a response, it would be days later.” (Tr.
21.)
Schoonover testified she was able to visit Father’s home in August
2025, at which time she learned that Father had eight other children living with him.
Since that home visit, her subsequent efforts to see Father in his home were
unsuccessful. Schoonover testified she could no longer confirm Father could
provide appropriate housing for V.W. Schoonover further testified that despite
CCDCFS’s offers to facilitate visitation, Father failed to visit V.W. at all and failed to
consistently communicate with V.W. According to Schoonover, Father had only
“one or two phone calls” with V.W. in 2025, and he never established a relationship
with V.W. (Tr. 24.) Schoonover testified that Father had not provided any support
for V.W. since the child’s removal in December 2024.
Schoonover testified that despite V.W.’s recent autism diagnosis,
Father had never inquired about V.W.’s needs or participated in any of V.W.’s
medical appointments, nor had he been involved at all in V.W.’s educational
experience. Schoonover testified that she had not had any contact with Father since
his last appearance at court in January 2026, nearly four months prior, despite her
efforts to contact him. Schoonover testified, for these reasons, she would not “feel
comfortable with [Father] assuming legal custody of [V.W.]” (Tr. 24.)
V.W. had remained in placement with his Step-grandmother since his
removal. Schoonover confirmed V.W. is “very connected” with his Step-
grandmother, they “like to do everything together,” and V.W. “states that he wants
to be with his [Step-]grandma.” (Tr. 43.) V.W. “is aware of [Father]. But as far as
both [Mother] and [Father], he’d prefer to be with grandma.” (Tr. 66.) Schoonover
testified that discussions were had with V.W.’s Step-grandmother about her interest
in legal custody or adoption of V.W.
At the conclusion of trial, V.W.’s guardian ad litem (the “GAL”)
confirmed the recommendation in her report in favor of CCDCFS’s permanent
custody of V.W. The GAL’s report explained that neither Father nor Mother had
“shown commitment in wanting and/or being able to parent [V.W.] The parents
have not remedied the conditions leading to the removal of [V.W.] from their care
and/or custody.” (GAL Report, Apr. 16, 2026.) The GAL further noted in her
written report that “[Father] has visited [V.W.] twice since his removal from
[Mother]. His last visit occurred in December 2024. [Father] is not in
communication with his child. [He] does not contact the caregiver to inquire as to
the wellbeing of his child and does not provide any support. [Father] is evasive with
CCDCFS and this GAL.” (GAL Report, Apr. 16, 2026.) The GAL also wrote that
“V.W. is very bonded to his [Step-]grandmother and has expressed that he wants to
stay with her. His [Step-]grandmother is interested in permanency of the child.”
(GAL Report, Apr. 16, 2026.)
In May 2026, the juvenile court granted the motion for permanent
custody to CCDCFS pursuant to R.C. 2151.414, finding that the allegations made in
the motion were proven by clear and convincing evidence and that permanent
custody was in V.W.’s best interests.
It is from this judgment that Father now appeals.
II. Law and Analysis
A. Motion to Continue
In his first assignment of error, Father argues that the juvenile court
abused its discretion when it denied the joint motion for continuance of the April
2026 hearing and proceeded with the trial, granting permanent custody to CCDCFS
in his absence.
The decision to grant or deny a motion for continuance lies within the
discretion of the trial court, and we will not reverse the decision on appeal absent an
abuse of that discretion. State v. Unger, 67 Ohio St.2d 65, 67 (1981), citing Ungar
v. Sarafite, 376 U.S. 575 (1964); State v. Bayless, 48 Ohio St.2d 73 (1976). An abuse
of discretion occurs when a court exercises “its judgment, in an unwarranted way,
in regard to a matter over which it has discretionary authority.” Johnson v.
Abdullah, 2021-Ohio-3304, ¶ 35.
Additionally, “‘[t]here are no mechanical tests for deciding when a
denial of a continuance is so arbitrary as to violate due process. The answer must
be found in the circumstances present in every case, particularly in the reasons
presented to the trial judge at the time the request is denied.’” Unger at 67, quoting
Ungar at 589. When a nonincarcerated parent fails to appear at a hearing and
challenges the trial court’s refusal to continue a permanent custody hearing to
accommodate the parent’s circumstances, appellate courts have applied the factors
set forth in Unger to determine whether the court abused its discretion. In re A.H.,
2026-Ohio-467, ¶ 15 (8th Dist.), citing In re D.K., 2015-Ohio-546, ¶ 11 (2d Dist.).
The Unger factors include:
[T]he length of the delay requested; whether other continuances have
been requested and received; the inconvenience to litigants, witnesses,
opposing counsel and the court; whether the requested delay is for
legitimate reasons or whether it is dilatory, purposeful, or contrived;
whether the defendant contributed to the circumstance which gives rise
to the request for a continuance; and other relevant factors, depending
on the unique facts of each case.
Id. at 67-68.
Loc.R. 35(C) of the Cuyahoga County Court of Common Pleas,
Juvenile Division, also provides:
No case will be continued on the day of trial or hearing except for good
cause shown, which cause was not known to the party or counsel prior
to the date of trial or hearing, and provided that the party and/or
counsel have used diligence to be ready for trial and have notified or
made diligent efforts to notify the opposing party or counsel as soon as
he/she became aware of the necessity to request a postponement. This
rule may not be waived by consent of counsel.
With the foregoing in mind, we review the denial of Father’s counsel’s
oral motion to continue.
When trial began as scheduled, Father was not present, and his
counsel joined Mother’s counsel in requesting a continuance of trial. No reason was
given for Father’s absence at trial, and there was no indication that Father had
contacted either his trial attorney or the court in relation to his absence. CCDCFS
objected to the motion for continuance based on the Unger factors and Loc.R. 35(C),
noting that Father had missed multiple hearings before. The GAL also
recommended that trial proceed as scheduled.
In consideration of the Unger factors, our review of the record reflects
that the length of delay needed to secure Father’s appearance was not specified; the
juvenile court granted no other continuances; there were several attorneys and staff
in attendance that would have been inconvenienced if the trial were rescheduled; no
legitimate reasons were provided for Father’s failure to appear; and Father provided
no justification as to why the circumstances of his absence were beyond his control.
Additionally, the juvenile court issued a prior notice of the importance of Father’s
attendance and continued communication and that trial would proceed without him
if he failed to appear.
Nonetheless, Father contends that the juvenile court’s denial of his
motion for continuance was arbitrary because he had attended some hearings
before, he had accomplished his case plan objective of establishing paternity of V.W.,
CCDCFS was aware that Father had transportation difficulties in the past, and
CCDCFS’s characterization of Father as “uncommunicative” was unfair because it
did not monitor all potential communication Father had with V.W. and his
caregiver. But none of the proffered reasons excuse his unexplained absence on the
day of trial or relieve the difficulties that would be caused if the court rescheduled
the trial. Thus, we cannot find that the juvenile court abused its discretion in
denying his day-of-trial continuance request.
Father’s first assignment of error is overruled.
B. Permanent-Custody Determination Based on Allegations in
Complaint
In his second assignment of error, Father argues that the juvenile
court erred by finding Father failed to support, visit, or communicate with V.W. as
the basis for granting permanent custody because CCDCFS’s original allegations
that Father failed to support, visit, or communicate with V.W. were later removed in
its amended complaint. Father’s argument is unpersuasive.
First, Father relies on In re A.P., 2024-Ohio-5985 (3d Dist.), to
support his contention that the juvenile court cannot rely on allegations not made
in the complaint when granting modifying temporary custody to permanent
custody. A.P., however, reversed an adjudication of abuse because it was based on
allegations that were not made in the complaint for abuse and temporary custody.
Id. A.P. did not involve a subsequent modification of temporary custody to
permanent custody and thus is not dispositive of the issue here.
Next, there are several provisions of R.C. 2151.414(E) that require the
juvenile court to consider how circumstances have changed between the time of the
complaint and the resolution of a motion for permanent custody when determining
whether the child cannot or should not be placed with either parent. See
R.C. 2151.414(E)(1) (consideration of whether parent “has failed continuously and
repeatedly to substantially remedy the conditions causing the child to be placed
outside the child’s home”); R.C. 2151.414(E)(3) (consideration of whether parent
committed abuse or neglect of child “between the date that the original complaint
alleging abuse or neglect was filed and the date of the filing of the motion for
permanent custody”); R.C. 2151.414(E)(12) (consideration of whether parent “is
incarcerated at the time of the filing of the motion for permanent custody or the
dispositional hearing”). Each illustrates that a parent that may not have abandoned
their child prior to the complaint for temporary custody may nevertheless be
deemed to have abandoned the child in the time between the disposition of
temporary custody and grant of permanent custody.
Thus, the fact that CCDCFS removed the allegations of Father’s
failure to support, visit, and communication with V.W. from the complaint does not
preclude the juvenile court from later finding the same occurred in the more than
year that passed between the time CCDCFS amended the complaint and the
disposition of permanent custody.
Father’s second assignment of error is overruled.
C. Award of Permanent Custody
In his third assignment of error, Father argues the juvenile court’s
disposition of permanent custody was against the manifest weight of the evidence.
Initially, we recognize that the right to raise one’s own child is “an
‘essential’ and ‘basic civil right.’” In re Murray, 52 Ohio St.3d 155, 156 (1990),
quoting Stanley v. Illinois, 405 U.S. 645 (1972); In re B.B.C., 2024-Ohio-588, ¶ 14
(8th Dist.). “Parents have a ‘fundamental liberty interest’ in the care, custody, and
management of the child.” Id., quoting Santosky v. Kramer, 455 U.S. 745, 753
(1982). This right, however, is not absolute. “‘The natural rights of a parent are not
absolute, but are always subject to the ultimate welfare of the child, which is the
polestar or controlling principle to be observed.’” In re Cunningham, 59 Ohio St.2d
100, 106 (1979), quoting In re R.J.C., 300 So.2d 54, 58 (Fla.App. 1974).
In the case of In re Z.C., 2023-Ohio-4703, the Supreme Court of Ohio
reexplained the manifest-weight-of-the-evidence standard, stating that
[w]hen reviewing for manifest weight, 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. [Eastley v. Volkman, 2012- Ohio-2179, ¶ 20]. “In
weighing the evidence, the court of appeals must always be mindful of
the presumption in favor of the finder of fact.” Id. at ¶ 21. “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.” Seasons Coal Co., Inc. v. Cleveland, 10 Ohio St.3d 77, 80,
10 Ohio B. 408, 461 N.E.2d 1273 (1984). “‘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.’” Id. at fn. 3,
quoting 5 Ohio Jurisprudence 3d, Appellate Review, Section 603, at
191-192 (1978).
Id. at ¶ 14.
R.C. 2151.414(B)(1) sets forth a two-pronged analysis for juvenile
courts to apply when determining whether to grant a motion for permanent custody.
Permanent custody may be granted to the agency if the trial court determines, by
clear and convincing evidence, that (1) any one of the five factors set forth in
R.C. 2151.414(B)(1)(a)-(e) exists, and (2) permanent custody is in the best interest
of the child after considering the factors set forth in R.C. 2151.414(D)(1). “‘Clear and
convincing evidence is that measure or degree of proof which is more than a mere
“preponderance of the evidence,” but not to the extent of such certainty as is
required “beyond a reasonable doubt” in criminal cases, and which will produce in
the mind of the trier of facts a firm belief or conviction as to the facts sought to be
established.’” In re Z.C. at ¶ 7, quoting Cross v. Ledford, 161 Ohio St. 469 (1954),
paragraph three of the syllabus.
i. Permanent Custody — R.C. 2151.414(B)(1)
In this case, the juvenile court found under R.C. 2151.414(B)(1)(a) and
(b) that V.W. “cannot be placed with one of the child’s parents within a reasonable
time or should not be placed with either parent” and “[t]he child is abandoned.”
(Journal Entry, May 15, 2026.)
“When assessing whether a child cannot be placed with either of the
child’s parents within a reasonable time or should not be placed with the child’s
parents under R.C. 2151.414(B)(1)(a), a juvenile court must consider the factors
outlined in R.C. 2151.414(E).” In re L.H., 2024-Ohio-2271, ¶ 34 (8th Dist.), citing In
re A.V., 2014-Ohio-5348, ¶ 58 (8th Dist.). R.C. 2151.414(E) provides that if the court
finds, by clear and convincing evidence, that at least one of the enumerated factors
set forth in (E)(1)-(E)(16) exists as to each of the child’s parents, then the court must
find that the child cannot be placed with either parent within a reasonable time or
should not be placed with the child's parents. Here, the juvenile court determined
that at least three of the factors set forth in R.C. 2151.414(E) applied,2 specifically:
2 The juvenile court cited (E)(1), (4), (10), and (14) as the bases for its permanent-
custody determination without identifying which parent they applied to. Father contends
that only (E)(4) and (10) apply to him, while (E)(1) and (14) apply only to Mother. Because
(4) The parent has demonstrated a lack of commitment toward the
child by failing to regularly support, visit, or communicate with
the child when able to do so, or by other actions showing an
unwillingness to provide an adequate permanent home for the
child[.]
(10) The parent has abandoned the child.
(14) The parent for any reason is unwilling to provide food, clothing,
shelter, and other basic necessities for the child or to prevent the
child from suffering physical, emotional, or sexual abuse or
physical, emotional, or mental neglect.
In support of its determination, the juvenile court found that:
[Father] was not willing to provide care for the child. [Father] did not
make contact with the social worker until the summer of 2025. The
Agency asked [Father] if he wanted to establish a relation with his son
and later to take legal custody of the child. However, [Father] made
minimum effort to contact the social worker. The social worker last
visited his home in August of 2025. [Father] has eight other children
living in his home. The social worker has unsuccessfully attempted to
visit his home again and could not say that the home was appropriate
for the child. The social worker testified that [Father] has not visited
with the child throughout the life of this case despite the social worker’s
effort to facilitate visits. [Father] has only had two phone calls with the
child in 2025. He has not provided any type of support, has not
participated in the child’s medical needs, school or financial support for
the child since his removal. The social worker[’s] las[t] contact with
[Father] was in January of 2026, after a court hearing.
(Journal Entry, May 15, 2026.) Father disagrees with these findings and contends
that the court’s findings under those clauses were supported by conflicting evidence.
As to the lack of commitment and support findings under
R.C. 2151.414(E)(4), Father argues the juvenile court erred in relying on the
the juvenile court contemplated Father’s inability to provide appropriate housing for V.W.,
and Father attempts to rebut those findings in his argument, we find that the juvenile
court’s findings of (E)(4), (10), and (14) apply to Father and analyze the propriety of each.
withdrawn allegations from the complaint that Father had failed to support, visit, or
communicate with V.W. As explained above, the court’s findings for purposes of the
permanent-custody disposition are not improper merely because they were struck
from the complaint. Further, the record reflects that Father had not provided any
support for V.W. since the child’s removal, never inquired about V.W.’s needs, and
failed to visit or stay in communication since V.W. entered agency custody beyond
one or two phone calls. Thus, the juvenile court’s finding under R.C. 2151.414(E)(4)
is supported by clear and convincing evidence.
As to the abandonment findings under R.C. 2151.414(E)(10), Father
contends the juvenile court did not explicitly find that he failed to visit or contact
V.W. for more than 90 consecutive days, which was required to establish
abandonment under R.C. 2151.011(C). R.C. 2151.011(C) provides: “a child shall be
presumed abandoned when the parents of the child have failed to visit or maintain
contact with the child for more than ninety days, regardless of whether the parents
resume contact with the child after that period of ninety days.” Father further argues
that Schoonover’s testimony that she had not been in contact with Father until
summer 2025 is contradicted by Father’s appearance at hearings in December 2024,
January and February 2025, and January 2026. Finally, Father argues that
Schoonover’s testimony was inconclusive because she did not have contact with
Father since January 2026 so she could not have knowledge of the full extent of
Father’s effort to contact V.W. and Schoonover did not testify to monitoring all
possible communication between Father and V.W.
None of Father’s arguments, however, disprove the juvenile court’s
findings of Father’s abandonment of V.W. Here, the record reflects Father had not
visited V.W. since at least December 2024 and had only one or two phone calls with
V.W. between V.W.’s removal from Mother and trial. Father presented no contrary
evidence for the juvenile court to consider. Father’s appearance at hearings in early
2025 and 2026 does not support that he had contact with V.W. in the year between
those dates. Contrary to Father’s argument, the absence of the juvenile court’s
explicit finding that Father had not been in contact with V.W. for at least 90
consecutive days does not preclude finding that Father abandoned V.W. Father only
contacted V.W. twice in nearly a year and a half. Therefore, he went at least 90 days
without contacting V.W. even if the juvenile court did not explicitly indicate it. The
juvenile court need not make express findings that a parent went longer than 90
days without contacting the child where the record supports such conclusion when
presuming a child is abandoned within the meaning set forth in R.C. 2151.011(C).
See In re L.T., 2023-Ohio-4329, ¶ 23 (10th Dist.). Based on the foregoing, clear and
convincing evidence supported the juvenile court’s determination that Father had
abandoned V.W. under R.C. 2151.414(E)(10).
Finally, as to the provision of V.W.’s basic needs under R.C.
2151.414(E)(14), Father argues Schoonover testified that she found no safety
concerns during her visit to his home in summer 2025. Father also contends that
the fact that he was living there with eight other children leads to an inference that
he cannot be deemed unwilling or unable to provide for V.W. Again, Father’s
arguments do not refute the fact that he failed to permit CCDCFS to reassess his
home in 2026, which precluded CCDCFS from finding his home was appropriate
and safe for V.W. The record further reflects that, regardless of if he had provided
for his other eight children, Father did not provide for V.W.’s medical care,
educational and financial support, or other basic needs. Thus, the record supports
the juvenile court’s finding under R.C. 2151.414(E)(14) by clear and convincing
evidence.
The juvenile court was only required to find one of the
R.C. 2151.414(E) factors present in order to enter a finding that a child cannot or
should not be placed with a parent. In re D.H., 2022-Ohio-2780, ¶ 29 (8th Dist.),
citing In re L.W., 2019-Ohio-1343 (8th Dist.). In this case, the juvenile court found
three factors were present as to Father. Consequently, the trial court properly
determined the first prong of the permanent custody analysis under R.C.
2151.414(B)(1) was satisfied and we turn to Father’s arguments that it was not in the
best interest of V.W. to grant permanent custody to CCDCFS pursuant to R.C.
2151.414(D)(1).
ii. Best-Interest Determination — R.C. 2151.414(D)(1)
R.C. 2151.414(D)(1) requires that the juvenile court consider all
relevant factors in determining whether the child’s best interests would be served by
granting the permanent-custody motion. These factors include (a) the interaction
and interrelationship of the child with the child’s parents, siblings, relatives, foster
caregivers, and out-of-home providers; (b) the child’s wishes, as expressed directly
by the child or through the child’s GAL; (c) the child’s custodial history; (d) the
child’s need for a legally secured permanent placement and whether that type of
placement can be achieved without a grant of permanent custody to the agency; and
(e) whether any of the factors set forth in R.C. 2151.414(E)(7)-(11) apply.
R.C. 2151.414(D)(1). When making that determination, a juvenile court must
consider each of the R.C. 2151.414(D)(1) factors, but no one factor is given greater
weight than the others. In re Schaefer, 2006-Ohio-5513, ¶ 56. Furthermore, only
one of the factors set forth in R.C. 2151.414(D)(1) needs to be resolved in favor of
permanent custody. In re D.H., 2022-Ohio-2780, at ¶ 46 (8th Dist.), citing In re
G.W., 2019-Ohio-1533, ¶ 72 (8th Dist.).
The juvenile court explained that it had considered all
R.C. 2151.414(D)(1) factors and summarized its findings as follows:
The Guardian ad Litem for the child recommends permanent custody
to the Agency as being in the best interest of the child. The child has
been with the [Step-]grandmother since removal. The child is very
bonded to the [Step-]grandmother. All of the child’s basic needs,
medical needs and educational needs are being met. The
[Step-]grandmother wishes to adopt the child.
(Journal Entry, May 15, 2026.) Thus, the court granted the modification of
temporary custody to permanent custody as being in the best interest of the child.
The record reflects V.W. had no contact or substantive relationship
with Father or Mother. Father had only had one or two phone calls with V.W. since
the beginning of these proceedings and did not visit V.W. after December 2024.
V.W. has remained with his Step-grandmother since his removal and has a strong
relationship with her. V.W. has also expressed his preference to remain with his
Step-grandmother rather than with Mother or Father. The GAL also expressed that
permanent custody to the agency would be in V.W.’s best interests. Finally, as
previously discussed, the juvenile court determined Mother and Father abandoned
V.W., and the record supports that finding by clear and convincing evidence.
In light of the foregoing, we find that there is clear and convincing
evidence in the record to support the court’s determination that permanent custody
to CCDCFS is in V.W.’s best interest. Accordingly, we find that the court’s decision
to grant permanent custody to CCDCFS is not against the weight of the evidence as
Father contends.
Therefore, Father’s third assignment of error is overruled.
Judgment affirmed.
It is ordered that appellee recover from appellant 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, juvenile division, 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.
MARY J. BOYLE, JUDGE
EILEEN T. GALLAGHER, P.J., and
KATHLEEN ANN KEOUGH, J., CONCUR