My question involves a child custody case from the State of: Ohio
My lawyer told me there is no such thing as "child abandonment" in the state of Ohio, but I found this:
Chapter 5101:2-1 Children Services Definition of Terms
5101:2-1-01 [Effective until 8/1/2013] Children services definitions of terms.
(A) This rule contains the definitions of terms used in Chapters 5101:2-5, 5101:2-7, 5101:2-9, 5101:2-33, 5101:2-35, 5101:2-36, 5101:2-39, 5101:2-40, 5101:2-42, 5101:2-44, 5101:2-47, 5101:2-48, 5101:2-49, 5101:2-52 and 5101:2-57 of the Administrative Code.
(1) "Abandoned child", pursuant to section 2151.011 of the Revised Code, means a child who is presumed abandoned when the parents of the child have failed to visit or maintain contact with the child for more than ninety days, regardless of whether the parents resume contact with the child after that period of ninety days.
My ex hasn't seen our son for 6 months. He sent one text on Father's Day asking to see/talk to him. Nothing before that for months, and nothing since. The girl he was living with got evicted, and there was a rumor he moved 3 hours away, and the CS enforcement agency confirmed that he moved "out of town." That was the last they heard and are waiting to confirm if they have a valid address on file for him. There was a rumor he moved back. I have no idea where he lives, and he dropped contact.
Would this be considered abandonment? Does this law I found apply, or is my lawyer correct? Although he dropped contact of his own accord, I guarantee his erratic behavior will inspire him to take me back to court to reinforce his limited visitation. Would they order my son to go over there after not seeing him for over half a year - probably more by the time we would actually make it to court? Wouldn't they have to make sure the new living conditions are safe? Would we be able to order less time, or no visitation? Or push for waiving his rights so my husband can adopt my son?