Legal Custodian Rights
In a case that I argued before the Ninth District Court of Appeals, the court issued an important ruling on legal custodian rights. In this case, the court of appeals decided 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.
Legal Custodian Case History
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.
Attorney Daniel Gigiano Victory
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.
Daniel Gigiano Article Links
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.
Daniel Gigiano. Aggressive. 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 Gigiano today at 330-336-3330.