Category Archives: Family Law

Merit Decision: Parent’s Right to Counsel at Termination of Parental Rights Hearing. In re R.K.

“In a case in which we are asked to ratify the civil equivalent of the death penalty, we simply cannot accept absence as acquiesce.”

Justice O’Neill, lead opinion.

On January 4, 2018, the Supreme Court of Ohio handed down a … Continue reading

Posted in Family Law, Juvenile Law, Merit Decisions, Ohio Supreme Court Watch | Tagged , , |

What’s On Their Minds: Can a Court Sua Sponte Appoint a Guardian Ad Litem for an Adult in a Divorce Case Without a Hearing? Charles W. Thomasson v. Carol J. Thomasson.

“But you just keep telling me why it’s (the trial court decision’s) wrong—tell me why it’s a final order?”

Justice DeWine, to Carol Thomasson’s counsel

“Does the appointment of the GAL preclude your representation of your client?”

Justice O’Donnell, to … Continue reading

Posted in Civil Procedure, Family Law, Ohio Supreme Court Watch, Student Contributors, What's On Their Minds? |

Oral Argument Preview: Can a Court Sua Sponte Appoint a Guardian Ad Litem for an Adult in a Divorce Case Without a Hearing? Charles W. Thomasson v. Carol J. Thomasson.

Read an analysis of the oral argument here.

On November 21, 2017, the Supreme Court of Ohio will hear oral argument in the case of Charles W. Thomasson v. Carol J. Thomasson, 2016-1629. At issue in this case … Continue reading

Posted in Civil Procedure, Family Law, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors | Tagged , |

What’s On Their Minds: Mother’s Right to Counsel at Permanent Custody Hearing. In re: R.K. (A.S., Appellant).

Update: On January 4, 2018, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

“Is that the rule you want from this court—if you don’t show up you are deemed … Continue reading

Posted in Family Law, Ohio Supreme Court Watch, Student Contributors, What's On Their Minds? | Tagged , |

Oral Argument Preview: Mother’s Right to Counsel at Permanent Custody Hearing. In re: R.K. (A.S., Appellant).

Update: On January 4, 2018, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

Read the analysis of the oral argument here.

On September 13, 2017, the Supreme Court … Continue reading

Posted in Family Law, Juvenile Law, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors | Tagged , , |

Merit Decision: Court Nixes Adoption; Finds Putative Father Did Not Willfully Abandon Birth Mother. In Re Adoption of P.L.H.

“This appeal charges us with the unenviable task of reaching a result that either overrides the adoption plan of a diligent birth mother and separates P.L.H. from the only home he has ever known or that terminates permanently C.W.’s fundamental … Continue reading

Posted in Evidence, Family Law, Merit Decisions, Ohio Supreme Court Watch | Tagged |

What’s On Their Minds: What Does It Mean to “Willfully Abandon” a Mother During Her Pregnancy? In the Matter of: The Adoption of P.L.H.

Update: On July 18, 2017, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

“Are you asking this court, therefore, to give the mother’s vote in this family matter more … Continue reading

Posted in Family Law, Ohio Supreme Court Watch, What's On Their Minds? | Tagged |

Oral Argument Preview: What Does It Mean to “Willfully Abandon” a Mother During Her Pregnancy? In the Matter of: The Adoption of P.L.H.

Update: On July 18, 2017, the Supreme Court of Ohio handed down a merit decision in this case.  Read the analysis here.

Read an analysis of the oral argument here.

On June 21, 2017, the Supreme … Continue reading

Posted in Family Law, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors | Tagged |

Oral Argument Preview: Validity of Permanent Surrender Agreement in Adoption Case. In re: (C.C.S.), (C.L.S.) v. Adoption by Gentle Care.

Update: On October 27, 2016, by a vote of 4-3, this case was dismissed as improvidently accepted. Voting to dismiss were Chief justice O’Connor, and Justices O’Donnell, Lanzinger and O’Neill. Justices Pfeifer, Kennedy, and French dissented. 

Read an analysis … Continue reading

Posted in Family Law, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors | Tagged , , |

Case Preview: How Far Does the Statutory Obligation of Reunification Go for Children’s Services Agencies? In the Matter of: A.J. Adjudged Neglected Child.

Update: On December 20, 2016, the Supreme Court of Ohio, by a vote of 5-2, held that the children services agency properly followed the rules in refusing to place A.J. in substitute care with a relative. See, In re … Continue reading

Posted in Family Law, Ohio Supreme Court Watch, Oral Argument Preview, Student Contributors | Tagged |