stating that "the Juvenile Court is here dealing with the same sort of `legal custody' as is defined in [R.C. 2151.011(B)(17)]"
How later courts described this case
- stating that "the Juvenile Court is here dealing with the same sort of `legal custody' as is defined in [R.C. 2151.011(B)(17)]"
- noting that in cases concerning the controverted right to custody, “[t]he welfare of the child is the interest given priority the ‘first’ interest”
- parents may be denied custody only if a preponderance of the evidence indicates abandonment, contractual relinquishment of custody, total inability to provide care or support, or that the parent is otherwise unsuitable
- “The welfare of the child is . . . the only interest . . . in an R.C. 3109.04 divorce custody action between parents”
Written by the judges who cited it.
Distinguished
Distinguished by In Re Davis, Unpublished Decision (2-20-2003) (2003)
{¶ 12} The Perales "suitability" test is distinguishable from the "best interest" test.
The opinion
Herbert, J.,
concurring in the syllabus. I concur in the syllabus because of my belief that the welfare of this child should be the touchstone of our inquiry. As I read the syllabus, a parent would be considered “unsuitable” for custody if such an award would be detrimental to the child. This satisfies my concern for Tracy Perales at this stage of her growth and development. Moreover, I cannot believe that the trial judge did not arrive at this same con- *100 elusion, even though he may not have employed the words or phrases we now find appropriate..
If Justice Paul Brown, is correct in his portrayal of the pragmatic and transitory nature. of the type of custody involved in this , case, and I suspect that he is, the future may well find Shirley and Tracy reunited as mother and child; but at a time when it will be in Tracy’s carefully guarded best interests.