How Fast Can We Complete Step-father Adoption Without Putative Father's Consent?

[sahm24]

Hello,

The biological father of my (currently 5-yr-old) child married another woman while I was still pregnant. His name is not on the birth certificate; furthermore he has had no contact with my child and has never paid a dime of support money. He lives in Indiana; I lived with him there for a few months but moved home to Ohio before I had the baby.

I understand that I do not need this man's permission for a stepparent adoption, as he is a putative father. However, my husband (we've been married for almost 2 years) is in the Reserves, and at the end of February we are going to California for 6 months for training that he is getting through the Reserves. Within one month of coming home, he will be going to Iraq.

We just found out about Iraq, and would like to complete the adoption before my husband leaves, just in case something happens. Do the courts move too slowly for this to be possible? Is there anything we can do to expedite the case? Should we file before we leave for California, and hope for a court date after we come back to Ohio but before my husband leaves for Iraq?

[cyjeff]

The fastest way would be for the bio dad to simply sign over his rights to your husband.

That is usually not a hard sell... because it takes biodad off the hook for support.

Then you file the paperwork.

The way to make sure this is done correctly is through an attorney... this is not a DIY project given the time frame.

[sahm24]

Thanks for your reply, Cyjeff.

To my understanding, though, the bio dad doesn't actually have any rights (for now) because in the eyes of the law, he is not my child's father; he is not on the birth certificate nor has he ever financially supported or seen (much less bonded with) my child. He is currently a putative father. (This could change if he were to file a paternity suit, in which case we WOULD need his consent for the adoption.)

So you think it would be faster for us to get the bio dad to file a paternity claim and obtain rights to my child and sign them over, and then for us to complete a stepparent adoption...than it would be for us to just do the stepparent adoption without needing his consent? Is there less involved if you have the bio dad's consent?

I highly doubt he would give his consent, but is it even possible for us to get this done before my husband goes to Iraq if we don't have the putative father's consent?

Thanks again for your input.

[Baystategirl]

I have sent a link of your thread to a verified Ohio Attorney that deals almost exclusively in Family Law...She will give you some good advice.

[sahm24]

Thanks so much Baystategirl

[Ohiogal]

Thanks for your reply, Cyjeff.

To my understanding, though, the bio dad doesn't actually have any rights (for now) because in the eyes of the law, he is not my child's father; he is not on the birth certificate nor has he ever financially supported or seen (much less bonded with) my child. He is currently a putative father. (This could change if he were to file a paternity suit, in which case we WOULD need his consent for the adoption.)

So you think it would be faster for us to get the bio dad to file a paternity claim and obtain rights to my child and sign them over, and then for us to complete a stepparent adoption...than it would be for us to just do the stepparent adoption without needing his consent? Is there less involved if you have the bio dad's consent?

I highly doubt he would give his consent, but is it even possible for us to get this done before my husband goes to Iraq if we don't have the putative father's consent?

Thanks again for your input.

You have to notify the putative father and have his paternity established and then have his rights terminated in order to have a stepparent adoption in Ohio. You cannot state that the father is unknown and lie to the court. And if he does not give his consent then you will have other issues as in finding a legal reason to terminate his rights. Quite frankly you are looking for shortcuts that do not exist.
The fact that he is a putative father means that he would have to establish his rights for a stepparent adoption to take place.

[sahm24]

Wow, I'm glad I signed onto this board. We talked to a lawyer two years ago and she told us that since the bio dad broke up with me before I gave birth and had never had any contact with my child, he couldn't interfere. She said that if he hadn't established paternity, we didn't need his permission; since he has never paid child support or even seen (much less bonded with) my child then as long as that status quo held, all we had to do was notify him that we were filing the stepparent adoption and that would be it.

[aaron]

Consent of a putative father is not necessarily required.

Consent to adoption is not required of any of the following:

(A) A parent of a minor, when it is alleged in the adoption petition and the court finds after proper service of notice and hearing, that the parent has failed without justifiable cause to communicate with the minor or to provide for the maintenance and support of the minor as required by law or judicial decree for a period of at least one year immediately preceding either the filing of the adoption petition or the placement of the minor in the home of the petitioner.

(B) The putative father of a minor if either of the following applies:

(1) The putative father fails to register as the minor’s putative father with the putative father registry established under section 3107.062 of the Revised Code not later than thirty days after the minor’s birth;

(2) The court finds, after proper service of notice and hearing, that any of the following are the case:

(a) The putative father is not the father of the minor;

(b) The putative father has willfully abandoned or failed to care for and support the minor;

(c) The putative father has willfully abandoned the mother of the minor during her pregnancy and up to the time of her surrender of the minor, or the minor’s placement in the home of the petitioner, whichever occurs first.

(C) Except as provided in section 3107.071 of the Revised Code, a parent who has entered into a voluntary permanent custody surrender agreement under division (B) of section 5103.15 of the Revised Code;

(D) A parent whose parental rights have been terminated by order of a juvenile court under Chapter 2151. of the Revised Code;

(E) A parent who is married to the petitioner and supports the adoption;

(F) The father, or putative father, of a minor if the minor is conceived as the result of the commission of rape by the father or putative father and the father or putative father is convicted of or pleads guilty to the commission of that offense. As used in this division, “rape” means a violation of section 2907.02 of the Revised Code or a similar law of another state.

(G) A legal guardian or guardian ad litem of a parent judicially declared incompetent in a separate court proceeding who has failed to respond in writing to a request for consent, for a period of thirty days, or who, after examination of the written reasons for withholding consent, is found by the court to be withholding consent unreasonably;

(H) Any legal guardian or lawful custodian of the person to be adopted, other than a parent, who has failed to respond in writing to a request for consent, for a period of thirty days, or who, after examination of the written reasons for withholding consent, is found by the court to be withholding consent unreasonably;

(I) The spouse of the person to be adopted, if the failure of the spouse to consent to the adoption is found by the court to be by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances that make it impossible or unreasonably difficult to obtain the consent or refusal of the spouse;

(J) Any parent, legal guardian, or other lawful custodian in a foreign country, if the person to be adopted has been released for adoption pursuant to the laws of the country in which the person resides and the release of such person is in a form that satisfies the requirements of the immigration and naturalization service of the United States department of justice for purposes of immigration to the United States pursuant to section 101(b)(1)(F) of the “Immigration and Nationality Act,” 75 Stat. 650 (1961), 8 U.S.C. 1101(b)(1)(F), as amended or reenacted.

(K) Except as provided in divisions (G) and (H) of this section, a juvenile court, agency, or person given notice of the petition pursuant to division (A)(1) of section 3107.11 of the Revised Code that fails to file an objection to the petition within fourteen days after proof is filed pursuant to division (B) of that section that the notice was given;

(L) Any guardian, custodian, or other party who has temporary custody of the child.

There is no requirement that paternity be established before the putative father's rights are terminated. Perhaps I'm missing your meaning.

[Happy Trails]

Interesting article:

http://adoption.about.com/od/adoptio...utfatunnec.htm

[sahm24]

Thank you so much for jumping in here, Aaron.