DOMESTIC RELATIONS LAW COMMITTEE

Under In re Perales, 52 Ohio St.2d 89, a parent has a paramount right to custody of their child unless he or she is “unfit.” In order to prove the parent is unfit, the non-parent must show by a preponderance of the evidence that the parent has abandoned the child, contractually relinquished custody of the child, is unable to provide care or support, or that the parent is otherwise unsuitable. Id. On a post-decree motion for custody between the parent who was previously found unfit and the non-parent with custody, the best of interest of the child controls. Masitto v Masitto, 22 Ohio St.3d 63. The parent must show that it is in the child’s best interest for him or her to regain custody and does not need to prove a change of circumstances. Id. See also Wilburn v Wilburn, 144 Ohio App.3d 279.