Masitto v. Masitto

The sole issue before this court is whether it is contrary to law for a trial court to proceed under the “best interest of the child” test enunciated in R.C. 3109.04 when the parent requesting a change in custody has previously consented to the appointment of the child’s grandparents as her guardians. The appellate court determined that the “suitability” test enunciated in In re Perales (1977), 52 Ohio St. 2d 89 [6 O.O.3d 293], was the proper standard which the trial court must apply in an R.C. 2151.23(A)(2) proceeding. For the following reasons, we must reverse the appellate court and uphold…