Friday, July 28, 2006
Case Law Development: Parent Whose Rights Have Been Terminated May Not Sue For Custody as a Nonparent
The Ohio Supreme Court has held that a natural parent who lost permanent custody of a child does not have standing to file a petition for custody of that child as a nonparent. The mother in this case had her child permanently placed with the state agency in 1997. In 2003, after mother had substantially improved her circumstances and learned that her daughter had not been adopted and had not adjusted well to foster care, sought to restore her parental rights. According to the court, however, a parent whose parental rights with respect to the child have been terminated may not request modification of a termination of parental rights.
In re McBride, 110 Ohio St. 3d 19 (July 19, 2006)
Opinion on the web (last visited July 27, 2006 bgf)