consideration of certain factors in Ohio

2023“By failing to set forth in R.C. 2151.353(A)(3) factors that the court must consider when it had specifically done so in other statutes, we must presume that the legislature did not intend to require the consideration of certain factors as a predicate for granting legal custody.” In re G.M., 8th Dist. Cuyahoga No. 95410, 2011-Ohio-4090, ¶ 16 . {¶18} In this case, we conclude that the trial court did not abuse its discretion in finding by a preponderance of the evidence that granting legal custody to Ms. Agardi was in P.V.A.’s best interest.

2014Cuyahoga No. 95410, 2011-Ohio-4090, at ¶ 16 .

2019This court has previously stated, “[w]e must presume that, in the absence of best interest factors in a legal custody case, ‘the legislature did not intend to require the consideration of certain factors as a predicate for granting legal custody.’” In re D.T., 2014-Ohio-4818, at ¶ 20 , citing In re G.M. at ¶ 16.

2015As this court has previously stated, “[w]e must presume that, in the absence of best interest factors in a legal custody case, ‘the legislature did not intend to require the consideration of certain factors as a predicate for granting legal custody.’” In re D.T., 2014-Ohio-4818, at ¶ 20 , citing In re G.M. at ¶ 16. {¶48} Although there is no “specific test or set of criteria” that must be followed in determining what is in a child’s best interest in a legal custody case, this court has held that the R.C. 2151.414(D) factors may be “instructive.” In re D.T. at ¶ 20, citing In re E.A., 8th Dist.

2023Cuyahoga No. 110443, 2021-Ohio-3931, ¶ 20 .

2015Cuyahoga No. 99065, 2013-Ohio-1193, ¶ 13 .

1999Further, although the mental condition of the defendant may also be an important factor, it "does not justify a conclusion that * * * [the] mental condition, by itself and apart from its relation to official coercion, should ever dispose of the inquiry into constitutional `voluntariness.'" State v. Dailey (1990), 53 Ohio St.3d 88 , 92 , citing Colorado v. Connelly (1986), 479 U.S. 157 , 164 .

1999Further, although the mental condition of the defendant may also be an important factor, it "does not justify a conclusion that * * * [the] mental condition, by itself and apart from its relation to official coercion, should ever dispose of the inquiry into constitutional `voluntariness.'" State v. Dailey (1990), 53 Ohio St.3d 88 , 92 , citing Colorado v. Connelly (1986), 479 U.S. 157 , 164 .

1999A review of the totality of the circumstances should include the consideration of certain factors, including "the age, mentality, and prior criminal experience of the accused; the length, intensity, and frequency of interrogation; the existence of physical deprivation or mistreatment and the existence of threat or inducement." Id.