[Cite as Baten-Sica v. Ramos, 2023-Ohio-1495.] COURT OF APPEALS TUSCARAWAS COUNTY, OHIO FIFTH APPELLATE DISTRICT CLEMENTE BATEN SICA JUDGES: Hon. W. Scott Gwin, P.J. Plaintiff-Appellant Hon. William B. Hoffman, J. Hon. Craig R. Baldwin, J. -vs- Case No. 2022 AP 09 0030 INICIA SICA RAMOS AND SIMON BATEN HERNANDEZ Defendant-Appellee OPINION CHARACTER OF PROCEEDINGS: Appeal from the Tuscarawas County Court of Common Pleas, Juvenile Division, Case No. 2022CC00102 JUDGMENT: Affirmed DATE OF JUDGMENT ENTRY: May 3, 2023 APPEARANCES: For Plaintiff-Appellant For Defendants-Appellees GWENDOLYN STARDA INICIA SICA RAMOS AND 148 E. Liberty Street – Suite #224 SIMON BATEN HERNANDEZ Wooster, Ohio 44691 c/o Aldea Cruz Chex Aguacatan, Huehuetenango, Guatemala Tuscarawas County, Case No. 2022 AP 09 0030 2 Hoffman, J. {¶1} Plaintiff-appellant Clemente Baten-Sica appeals the judgment entered by the Tuscarawas County Common Pleas Court, Juvenile Division, denying his complaint for custody of his minor brother, R.S. Defendant-appellees are Inicia Sica Ramos and Simon Baten Hernandez, the natural parents of R.S. and Appellant.1 STATEMENT OF THE FACTS AND CASE {¶2} R.S. was born in Guatemala on November 11, 2005, and is a citizen of Guatemala currently residing with Appellant and another brother in New Philadelphia, Ohio. In February of 2021, R.S. entered the United States. R.S. left Guatemala, paying 4,000 pesos to a guide to bring him to the United States. Appellees gave R.S. the money to travel to the United States. R.S. desired to go to school, and believed more opportunities existed in the United States for him. {¶3} R.S. was arrested upon entering the country, but released from federal custody to live with Appellant and another brother in Ohio. R.S. has lived with Appellant since entering the United States in 2021. Appellees have not visited R.S. and have not sent money for his care, but Appellees have cell phones and communicate with R.S. weekly. {¶4} Appellant filed the instant action seeking custody of R.S., alleging R.S. is dependent and neglected because Appellees abandoned R.S. The case proceeded to a hearing in the trial court. {¶5} At the hearing, Appellant testified Appellees could take care of R.S., but there are a lot of threats in Guatemala, and he believed it would be dangerous for R.S. to 1 Appellees waived service of the summons in the trial court, and have not entered an appearance in either the trial court or before this Court. Appellant’s brief reflects service on Appellees in Guatemala. Tuscarawas County, Case No. 2022 AP 09 0030 3 return. Appellant testified R.S. had his lunch money stolen from him at school in Guatemala. The court called R.S. as its own witness. R.S. testified he wanted to come to the United States for a better life, and he wanted to go to school. {¶6} The trial court found R.S. was not dependent or neglected, and was not abandoned by Appellees. The trial court denied Appellant’s request for custody. {¶7} It is from the August 23, 2022 judgment of the trial court Appellant prosecutes his appeal, assigning as error: I. THE …
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