Beard v. Williams County Department of Social Services

A writ of habeas corpus will lie in child custody matters if the custody order in dispute was entered by a court without jurisdiction, thus being void ab initio. See In re Frinzl (1949), 152 Ohio St. 164 [39 O.O. 456]; Reynolds v. Ross Cty. Children’s Services Agency (1983), 5 Ohio St. 3d 27.

Appellant argues that she was entitled to counsel at all meaningful stages of the neglect proceedings and, therefore, the failure to provide her with counsel during the proceedings to obtain temporary custody renders those orders void. There is no constitutional requirement that appellant be afforded…