Legal Opinion

State ex rel. Allen Cty. Children Servs. Bd. v. Mercer Cty. Common Pleas Court, Probate Div. (Slip Opinion)

Ohio Supreme Court

Decided October 20, 2016No. 2016-0723PublishedCited by 23 opinions

1Opinion of the CourtO’Donnell, J.

{¶ 1} The issue in this case is whether a probate court may exercise its exclusive jurisdiction over adoption proceedings while a juvenile court is concurrently exercising continuing jurisdiction over a child custody proceeding.

{¶ 2} The Allen County Children Services Board (“Board”) commenced this action seeking a writ of prohibition barring the Probate Division of the Mercer County Common Pleas Court (“Probate Court”) and Judges Mary Pat Zitter and James Rapp from exercising jurisdiction over M.S., a minor child.1 At that time, the child was in the temporary custody of the Board by order of…

2Cases cited7 opinions

  1. State ex rel. Elder v. Camplese (Slip Opinion)Ohio Supreme Court · 2015
  2. In re C.R.Ohio Supreme Court · 2006
  3. State ex rel. V.K.B. v. SmithOhio Supreme Court · 2013
  4. In re Adoption of PushcarOhio Supreme Court · 2006
  5. In re Adoption of AsenteOhio Supreme Court · 2000

2 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. State v. Braden (Slip Opinion)Ohio Supreme Court · 2019
  2. In RE ADOPTION OF M.G.B.-E. Et Al.Ohio Supreme Court · 2018
  3. In re K.C.Ohio Court of Appeals · 2017
  4. Thomas v. DelgadoOhio Court of Appeals · 2022
  5. State ex rel. Davis v. KennedyOhio Supreme Court · 2023

18 more not listed; retrieve them via the Exa API.

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