By Attorney Andrew Russ, Ohio family law attorney
Andrew Russ Law | andrewrusslaw.com
Introduction
When an Ohio juvenile court awards permanent custody to a county children services agency or a private child-placing agency, a parent’s rights are permanently terminated and the agency gains authority to place the child for adoption. Few issues in family law are more consequential. This guide explains the legal standards, timelines, and practical steps in Ohio—so you can understand what courts look for and how an Andrew Russ Ohio family law attorney–led strategy can protect your family’s interests.
Ohio law strictly defines permanent custody, the required proof (“clear and convincing evidence”), and the factors judges must weigh, including the child’s relationships, custodial history, and need for a legally secure placement.
What “Permanent Custody” Means in Ohio
Under the Ohio Revised Code, permanent custody is a legal status that vests all parental rights, duties, and obligations in a public children services agency or private child-placing agency and divests the parents of all parental rights, including the right to consent to adoption.
Because permanent custody terminates parental rights, Ohio courts apply demanding procedures and timelines and require clear and convincing evidence that the legal standards have been met.
Who Can File for Permanent Custody—and When?
Most permanent custody motions are filed by a public children services agency after a child has been in the agency’s temporary custody for a significant period. Ohio’s “12 in 22” rule generally requires agencies to seek permanent custody when a child has been in temporary custody 12 or more months of a consecutive 22‑month period, subject to narrow statutory exceptions.
Agencies may also file when the child is abandoned, orphaned with no suitable relatives, or when other statutory triggers apply. At disposition in an abuse, neglect, or dependency case, juvenile courts can choose among several outcomes—protective supervision, temporary custody, legal custody to a parent or relative, a planned permanent living arrangement for certain older youth, or permanent custody if specific findings are made.
The Two-Step Test Courts Use
To grant permanent custody, the court must find—by clear and convincing evidence—that:
- 1) It is in the child’s best interest, and
- 2) At least one statutory condition applies (e.g., abandonment; orphaned with no suitable relative; 12‑of‑22 months in temporary custody; or the child cannot/should not be placed with either parent within a reasonable time).
No single best‑interest factor outweighs the others; judges and magistrates must weigh all relevant factors.
The Best-Interest Factors (What Judges Must Consider)
Ohio law lists non-exclusive best-interest factors that judges must consider:
- The child’s interaction and interrelationships with parents, siblings, relatives, foster caregivers, and others;
- The child’s wishes, expressed directly or through the guardian ad litem (GAL);
- The child’s custodial history, including whether the child spent 12 of 22 months in agency custody;
- The child’s need for a legally secure permanent placement and whether that can be achieved without permanent custody;
- Any relevant parental conduct specified in the statute (certain serious offenses, prior terminations, etc.).
“Cannot or Should Not Be Placed with Either Parent”
Courts analyze whether the child cannot be placed with a parent within a reasonable time or should not be placed with either parent. Statutory grounds include failure to remedy the conditions leading to removal despite reasonable case planning and diligent agency efforts; chronic issues such as substance use or serious mental illness; demonstrated lack of commitment (e.g., failing to visit or support when able); certain criminal convictions or repeated incarceration; prior involuntary termination of parental rights to a sibling; and other relevant factors. Establishing any one qualifying factor may be sufficient for the “cannot/should not” finding if proven by clear and convincing evidence.
Timelines You Should Know
After an agency files a permanent custody motion, the court should hold a hearing within approximately 120 days (continuances may be granted for good cause) and issue and journalize its order within roughly 200 days of filing. Courts strive to meet these benchmarks to minimize uncertainty for children.
“Reasonable Efforts” to Reunify: How They Fit In
Ohio’s framework requires that agencies make reasonable efforts to prevent removal, eliminate continued removal, or ensure safe reunification—unless a statutory exception applies (for example, certain violent offenses, abandonment, or prior involuntary terminations). At the permanent custody stage, a specific reasonable‑efforts finding may not be required at the hearing itself so long as reasonable efforts were made and documented earlier in the case.
What Counts as “Abandonment” in Ohio?
For juvenile matters, Ohio law presumes abandonment when a parent fails to visit or maintain contact with the child for more than 90 days, even if contact later resumes. This presumption can independently support permanent custody.
Relative Placement vs. Permanent Custody
Many families ask whether a suitable relative placement defeats an agency’s permanent custody motion. In In re Schaefer, the Ohio Supreme Court held that courts must choose the best option for the child; they are not required to give special weight to the existence of a relative placement or to prove that permanent custody is the only option. Relative placement is a factor—but it is not controlling.
Recent Appellate Guidance
Ohio appellate courts, including the Tenth District (Franklin County), continue to affirm permanent custody judgments where the record supports the statutory findings and best‑interest analysis. While outcomes turn on case‑specific facts, these decisions illustrate how carefully courts review agency evidence and parental progress.
Evidence That Often Matters
- Case plan participation (treatment, housing stability, parenting classes).
- Sobriety and compliance with testing/treatment.
- Visitation consistency and parent–child interactions.
- The child’s bonds with caregivers and siblings.
- GAL recommendations and the child’s wishes (as appropriate to age).
- Safety concerns, including domestic violence, criminal conduct, or neglect.
- Length of time in agency care and placement stability.
- Andrew Russ, an Ohio family law attorney, can evaluate whether the agency has met its reasonable‑efforts obligations, whether best‑interest factors truly support permanent custody, and whether less drastic alternatives (e.g., legal custody to a relative) are viable.
How an Attorney Helps
- Analyze whether statutory prerequisites are satisfied.
- Challenge timeliness, procedural issues, or unsupported findings.
- Present a best‑interest case from the parent’s or relative’s perspective.
- Advocate for services or adjustments to case plans to enable reunification.
- Negotiate legal custody or other dispositions that avoid termination where appropriate.
Frequently Asked Questions
1) What’s the difference between legal custody to a relative and permanent custody to an agency?
Legal custody gives a relative (or other custodian) the right to raise the child without terminating parental rights (parents retain certain residual rights). Permanent custody terminates parental rights and authorizes the agency to proceed toward adoption.
2) Is a child’s wish the deciding factor?
No. The child’s wishes are one factor. The court must consider all best‑interest factors and give no special weight to any single factor.
3) Do courts always have to make a “reasonable efforts” finding at the permanent custody hearing?
Not necessarily. The state generally must have made reasonable efforts at earlier stages, and if not, the agency must demonstrate such efforts by the time of the permanent custody decision.
4) What if a parent has not visited for a while?
Ohio law presumes abandonment after 90 days with no visits or contact, which can support permanent custody.
5) How fast will the court decide?
After an agency files for permanent custody, courts aim to hold a hearing within about 120 days and issue an order within about 200 days, with limited flexibility for good cause.
Related Reading on Andrew Russ Law
- Understanding Ohio Juvenile Law & Procedure (overview of abuse/neglect/dependency process) →
- https://www.andrewrusslaw.com/post/ohio-juvenile-law-and-procedure-an-educational-guide-for-families-students-and-parents-in-ohio
- The Uniform Child Custody Jurisdiction and Enforcement Act in Ohio Courts →
- https://www.andrewrusslaw.com/post/uniform-child-custody-jurisdiction-and-enforcement-act-in-ohio-by-andrew-russ
- Columbus, Ohio Fathers’ Rights: Your Legal Options
- https://www.andrewrusslaw.com/post/columbus-ohio-custody-attorney-for-men-focused-advocacy-for-fathers-and-families
Final Thoughts
Ohio permanent custody cases move on firm statutory rails, with strict timelines and exacting proof. If your family is facing a permanent custody motion—or you’re a relative ready to step up—talk to Andrew Russ, Ohio family law attorney. A focused, evidence‑driven approach can make a decisive difference in how the court evaluates best interests and reasonable efforts.
Legal Disclaimer
This article is for educational purposes and is not legal advice. Every case is fact‑specific; consult counsel about your situation.
Legal Sources:
- Ohio allocation of parental rights & shared parenting (R.C. 3109.04). (Ohio Laws)
- Parenting time statute and scheduling (R.C. 3109.051). (Ohio Laws)
- Presumptions and establishment of paternity (R.C. 3111.03). (Ohio Laws)
- Paternity acknowledgment routes (Ohio Centralized Paternity Registry). (ODJFS)
- Child support worksheet and definitions (R.C. 3119.022; 3119.01). (Ohio Laws)
andrewrusslaw.com Blog:
- Mediation, Settlement, and Negotiation in an Ohio Divorce
- Property Division in an Ohio Divorce
- Dissolution of Marriage in Ohio
- Spousal Support in Ohio Divorce Cases
- Modification of Spousal Support by Ohio Courts
- How Ohio Courts Calculate Child Support
- Modification of Child Support in Ohio
- Role of the Guardian Ad Litem in Ohio Custody and Divorce
- The UCCJEA in Ohio Courts
- Ohio Juvenile Law and Procedure
Disclaimer: This article provides general information and is not legal advice. Legal outcomes vary by facts and jurisdiction. Consult an attorney about your specific situation.
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Disclaimer: The blog and articles provide general educational information, are not legal advice, and do not create an attorney/client relationship. Legal outcomes vary by facts and jurisdiction. Consult an attorney about your specific situation.
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