When a parent regains legal custody after a dependency case, can that earlier dependency finding later justify awarding custody to grandparents or another nonparent?

In In re A.S., 2026-Ohio-3906, decided October 7, the Ohio Supreme Court answered an important part of that question: after the juvenile court returns legal custody to a parent and closes the dependency case, it cannot simply rely on the old dependency finding to establish that the parent is presently unsuitable.

Before subsequently awarding legal custody to a nonparent under those circumstances, the court must first find that the parent has become unsuitable since custody was restored.

Why does that distinction matter?

A custody dispute between a parent and a nonparent is not simply a comparison of which household might offer more advantages. Parents have a constitutionally protected interest in caring for their children. In this setting, a finding of changed circumstances and the child's best interest cannot substitute for the required unsuitability determination.

Unsuitability can involve abandonment, relinquishment of custody, total inability to support or care for the child, or circumstances in which parental custody would be detrimental to the child. The evidence matters—not just the label attached to an earlier case.

The decision does not require two separate hearings. It also does not decide grandparent visitation rights, which are different from legal custody.

On November 4, the Court returned In re A.G. to the court of appeals for reconsideration under A.S.

For parents and relatives, the practical takeaway is to review the complete custody history, including orders returning custody and closing prior proceedings.

For questions about a custody matter, contact Attorney Fogt at (937) 254-2600.

General information, not legal advice.