# Perales v. Nino

> Ohio Supreme Court · November 30, 1977 · 52 Ohio St. 2d 89

URL: https://www.frixlaw.com/law-library/cases/6756159

## Case

- **Full name:** In re Perales, a Minor: Perales, aka Norment v. Nino
- **Court:** Ohio Supreme Court
- **Decided:** November 30, 1977
- **Citations:** 52 Ohio St. 2d 89; 6 Ohio Op. 3d 293; 369 N.E.2d 1047; 1977 Ohio LEXIS 471
- **Precedential status:** Published
- **Opinion:** Concurrence by Herbert
- **Judges:** Brown, Browu, Celebrezze, Herbert, Looker, Neill, Sweeney, Syllabus
- **Cited by:** 435 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6756159

## How later opinions describe it (automated extraction)

- 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”

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6756159. Public record. Not legal advice.