Dealing with child custody matters is difficult even under the best of circumstances. When you add in having to deal with more than one jurisdiction, the difficulty increases. A recent ruling by the Ohio Supreme Court highlights the difficulty of dealing with child custody matters when more than one jurisdiction is involved.
The case involved a girl whose mother had full custody of her. They moved from Sandusky County to another state in 2010. In 2012, they came back to Ohio for a visit. The mother had to go back out of state for a job interview, so she left her daughter with the girl's maternal grandmother.
While the custodial mother was gone, the paternal grandfather of the girl petitioned the court for custody under a claim that the girl was neglected. His petition was granted with an award of temporary custody. The case was appealed, and the Sixth Court of Appeals upheld the decision to grant the grandfather temporary custody.
The Supreme Court, however, didn't agree with the appeal court's ruling. The Supreme Court says the child was "summarily taken from her mother." In the opinion, the original judge was told to vacate the order that stripped the custodial rights of the mother. It said that the judge didn't have jurisdiction over the case because he failed to communicate with the out-of-state court about an issue of jurisdiction.
Determining what is best for a child is difficult, but judges must act on what is presented to them. Anyone who is in the midst of a child custody battle should make sure that the court gets information to back up the position being presented. Understanding what you need to solidify your case is a vital part of presenting a case that will give you the best chance of a ruling in your favor.
Source: Sandusky Register, "Judge defends custody ruling" Tom Jackson, Apr. 25, 2014