Evans v. Klaeger

Evans asserts that the court of appeals erred in dismissing his habeas corpus action. For the following reasons, Evans’s assertion is meritless.

Habeas corpus relief is the exception rather than the general rule in child custody actions, and the writ will ordinarily be denied if there is an adequate remedy in the ordinary course of the law. Pegan v. Crawmer (1996), 76 Ohio St.3d 97, 99, 666 N.E.2d 1091, 1094. Evans is not entitled to the writ because he has or had an adequate legal remedy by appealing the trial court’s permanent allocation of parental rights in his divorce action. See, e.g.,…