From the Blog

legal custodian rights

Legal Custodian Rights In Children Services Cases

Recently, the Ninth District Court of Appeals determined legal custodian rights in children services cases.  When a children services agency files a complaint against a legal custodian that can lead to temporary or permanent custody, the legal custodian has many of the same rights afforded to parents. 

No Initial Rights For Legal Custodian In Juvenile Court 

In this case, a children services agency took permanent custody of a child from her grandmother who had legal custody of the child at the time the child was removed from her care.  The trial court granted the grandmother some, but not all, the protections and rights granted to parents under Ohio law.  As a result, the children services agency was granted permanent custody of the child. 

Legal Custodian Attorney Daniel Gigiano

Attorney Daniel Gigiano, as the grandmother’s Medina Juvenile Attorney and Medina Child Custody Attorney, appealed that decision on behalf of the grandmother.  On appeal, the Ninth District Court of Appeals held that the grandmother in this context, as legal custodian of the child, was entitled to many of the same rights and protections given to parents under Ohio law.  As a result, the permanent custody finding was reversed and the matter was sent back to juvenile court for further proceedings.  Before the appeal, the child was permanently taken away from the grandmother and the rest of her family.  After the appeal, the grandmother regained the right to custody of the child.   

 

Other Articles By Daniel Gigiano

Take a look at some of my articles, where I talk at length about these words and how they relate to divorce, dissolution, and child custody:  rights to grandchildren in Ohio, getting custody of your child in Ohio, how Ohio courts decide child custody cases, and should I record a child’s wishes in Ohio.   My hard work has resulted in highly successful results for many of my clients, as reflected in the following links to my reviews: Daniel Gigiano reviews; Daniel Gigiano ratings; working with Daniel Gigiano; and Daniel Gigiano work.

 

Attorney Daniel Gigiano.  Experienced.  Dedicated.  Knowledgeable. 

The Ninth District Court of Appeals handles appeals from Medina, Summit, Wayne and Lorain Counties.  Any decision issued by this court is only binding in the four county area listed above.  If you are in need of a Children Services Attorney or an Appeals Attorney, contact Attorney Daniel Gigiano today at 330-336-3330.

Have your say