Interesting Custody Case Involving a Child and His Grandparents vs. the Father
From Doe v. Franklin County Children Services, decided Wednesday by Judges Stranch, Thapar & Readler (6th Cir.); you can also read the TRO opinion issued by Judge Algenon L. Marbley (S.D. Ohio), which notes that the father has allegedly “not had a relationship [with the son] for his entire life.”
John Doe is a thirteen-year-old boy in the temporary custody of Franklin County Children Services. He had been living with his mother in Ohio, but Children Services suspected that he was being abused or neglected. So Children Services filed a case in Ohio state court to have Doe removed from his mother’s home. The court ordered Doe removed, and it is now presiding over the resulting custody dispute.
During the proceedings, the state court gave Children Services custody of Doe. Children Services then placed Doe with his maternal grandmother in Ohio, and Doe would like to remain there. But [Children] Services decided to place Doe with his father in Florida after Florida officials determined that the father could provide Doe with a suitable home.
When [Children] Services made the decision to transfer Doe to his father’s custody, Doe sued them in federal court. He alleges that Children Services denied him due process by making this placement decision without giving him an opportunity to be heard. The district court granted Doe a preliminary injunction preventing Children Services from moving him to Florida. Children Services appealed and moved to stay the injunction pending the appeal. In th
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