As reported by The Courier from Findlay, Ohio, a man serving time for lying to police after the mother of his child was murdered, is now seeking custody of the child in the 3rd District Court of Appeals, Lima.
Z.C.B., 19, is appealing the decision made by Hancock County Juvenile Court to hold his 2-year-old daughter in Children's Protective Services and readying her for adoption.
Attorney Nicole Winget represents Z.C.B. Winget argued in her court filing that returning the child to her father "would provide her with stability and comfort to be with her biological family."
V.J.R., the mother of the child, was murdered on March 26, 2011. At that time the child was removed from the home and placed with the Children's Protective Services. Three months later CPS deemed that the child had been neglected. She was then transferred to an agency that gained her permanent custody this past March.
In his appeal, Z.C.B. said that Juvenile Court Judge Allan Davis made an error – as the judge cited Z.C.B.'s current status in jail, his mental health and inability to be a proper parent as reasons not to grant him custody.
After V.J.R.'s murder, Z.C.B. was found guilty of two felony counts of obstructing the murder investigation. He was sentenced to four years of jail time and has since served over nine months.
Judge Davis cites the ongoing prison term as the main reason he granted custody to CPS.
CPS is a unit of Hancock County Job and Family Services.
Winget wrote that her client has no other criminal record and has been cooperative during his prison time.
Dr. D.C. evaluated Z.C.B. while in jail. The doctor noted that his interviews, review of documents and an intelligence test revealed that Z.C.B. did not have the "emotional, behavioral, social or cognitive skills" to parent his child.
Dr. D.C. wrote, "Given his history, and the fact that he appears to remain dependent and highly enmeshed in his pathological family of origin, it is highly unlikely that conditions will change to the extent that would be required for him to regain custody."
Winget argued that her client had the potential for growth as a parent, and manage his problems that are due to a low IQ. Winget wrote, "This is not grounds to terminate custody of minor children or the system would face far too many of these cases. Just because a parent is unable to parent at that moment does not mean they are unable to in the long run. There is no indication of how parenting classes, proper support and good role models may allow Mr. (Z.C.B) to become an appropriate parent."
Though her client had made poor judgment calls, in regards to how he handled V.J.R.'s murder investigation, Winget said that he should be allowed to "make amends and be an appropriate and healthy parent to his child."
Fighting a custody battle to regain your parental rights? Contact a family law attorney to best suit your needs – as soon as possible!