Empowering Clients To Make Informed, Intelligent Decisions

Personalized Attention, Experienced Counsel

Parents win child custody case with medical diagnosis

On Behalf of | Feb 6, 2019 | Child Custody

Many custody cases that make the news these days deal with celebrities from the sports or entertainment world fighting with an ex or of grandparents who are fighting to keep their grandchildren as a result of drug abuse on the part of their children. However, sometimes a child services agency gets involved and parents end up fighting for child custody of their own child. Ohio parents might be interested in the case of two parents fighting for child custody after a medical diagnosis gave the Department of Social Services cause to remove their child from his home.

When the child was only 2 months old, the parents took him to their local emergency room for swelling on his leg. Because of the area in which they lived, the parents believed it was a spider bite. X-rays showed the boy had 16 fractures in his leg, leaving the parents shocked but without an explanation of how the injuries could have happened. Barely a month later the parents were facing charges of misconduct of a child.

The defense attorney the parents hired was apparently told he could not win the case, but he conducted his own investigation and eventually discovered that a metabolic bone disease, and not physical abuse, was the cause of the fractures. Although DSS allowed the parents to visit with their son two hours each month after the diagnosis, they still fought for permanent removal of custody from the parents. However, after expert medical testimony in court, the judge ruled that the boy be returned to his parents and DSS must pay for a year of counseling for the family.

Those parents were overjoyed to have this child custody case decided as it was. They chose a course of action that included fighting the charges against them and retaining an attorney to take control of the situation. Ohio parents who, for any reason, find themselves fighting a challenging battle in a custody situation will want to find an attorney who will lend the support needed to protect their rights and seek a just result. 

Photo of Craig P. Treneff and Andrea L. Cozza
FindLaw Network