Boyer v. Boyer

The question presented is whether a court may commit a minor child to a relative even though the court finds that the parents are suitable persons or fit to take charge.

Civ. R. 75(P), in pertinent part, reads;

“If the court finds, with respect to any child under eighteen years of age, that neither parent is a suitable person to have custody,’it may commit the child to any other relative of the child * * (Emphasis ádded.)

At the time the Civil Rules were promulgated, R. C. 3109.04 and Civ. R. 75 (P), where pertinent, were identical.

The trial court, in committing George to the custody of his…