DocketNumber: No. C-880606
Citation Numbers: 572 N.E.2d 855, 60 Ohio App. 3d 19
Judges: <italic>Per Curiam.</italic>
Filed Date: 8/9/1989
Status: Precedential
Modified Date: 1/13/2023
This cause came on to be heard upon an appeal from the Probate Division of the Court of Common Pleas of Hamilton County.
Ryan James Harrison was born to Michael Harmeyer and Arlene Harrison while they were attending college. For financial reasons, Michael's father, James Harmeyer, was appointed guardian of Ryan. Although Michael and Arlene visited Ryan frequently, their relationship with each other failed. Michael moved home, but his parents continued to raise Ryan. Arlene moved to her parents' home in Delaware. She visited Ryan infrequently due to lack of money. Both Michael and Arlene are separately married, and now seek custody of Ryan.
James filed a motion in probate court for termination of the guardianship and restoration of custody. Arlene filed a similar motion. The probate court terminated the guardianship and granted custody of Ryan to Arlene. Michael appealed.
On appeal, Michael raises one assignment of error in which he contends that the trial court improperly awarded custody of Ryan to Arlene after it terminated the guardianship. We agree.
R.C.
The probate court clearly had jurisdiction to terminate the guardianship of Ryan under R.C.
The probate court properly terminated the guardianship of Ryan, but had no authority to grant custody of Ryan to Arlene. We, therefore, affirm the judgment of the probate court with respect to the guardianship of Ryan, reverse the judgment with respect to the award of custody to Arlene, and remand this cause for the entry of an order by the probate court denying the custody requests for want of jurisdiction.
Judgment affirmed in part, reversed in part and cause remanded.
DOAN, P.J., KLUSMEIER and HILDEBRANDT, JJ., concur. *Page 21