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MASITTO v. MASITTO

No. 85-241.

22 Ohio St. 3d 63 (1986)

MASITTO, APPELLEE, v. MASITTO [NOSE ET AL., GUARDIANS], APPELLANT.

Supreme Court of Ohio.

Decided February 5, 1986.

Attorney(s) appearing for the Case

McCarter & Weaver and William K. McCarter, for appellee.

Phillip A. Lawrence & Associates, Phillip A. Lawrence and Loren Loving Vail, for appellant.

Per Curiam.

The sole issue before this court is whether it is contrary to law for a trial court to proceed under the "best interest of the child" test enunciated in R.C. 3109.04 when the parent requesting a change in custody has previously consented to the appointment of the child's grandparents as her guardians. The appellate court determined that the "suitability" test enunciated in In re Perales (1977), 52 Ohio St.2d 89

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