Stepfather Adopting Stepson With No Biological Father Involved

**April1982** · 08-05-2009, 06:31 PM

My question involves adoption law for the State of: Ohio

My husband of a year and a half would like to adopt my son. The problem is that I never listed the father of my son on the birth certificate. He was abusive during the pregnancy and after 5 months of my pregnancy I left him. I was also 17 years old and in high school. He was 4 and a half years older than me. My parents and I never did file any charges against him. The only thing I have against him on paper is when he hurt me while I was 7 weeks pregnant and had to go to the hospital for bleeding. He has made threats over the phone right after my son was born and has threatened family members that he was going to hurt me and take my son, but he never did anything. I did not ever hide from him but I also made no attempt to bring my child to him. He has never helped in anyway. All medical bills were paid by my parents and I have always provided for him. My husband has been taking care of him since he was 4 and he is now 9. If I make contact with him I am afraid for my safety plus my families safety. My husband and I have a daughter together and I'm afraid he will hurt her too. My ex also has had many children with underage girls over the past nine years. Would that prove him to be unfit? He doesn't provide for any of them either and he is listed on most of the birth certificates. Another thing is I don't know where he lives, he actually still uses my moms address and phone number for most of his mail. Would the lawyer try to find him and contact him? If there could be contact I would rather not have my husband to adopt him. Thank you so much for your time.

April
Newark, Ohio

jk · 08-05-2009, 06:38 PM

. Would the lawyer try to find him and contact him?

the lawyer? what lawyer are you speaking of?
The courts will require that he be contacted though.

If there could be contact I would rather not have my husband to adopt him.

well, then just give it up now. Your husband is not going to get to adopt the child without the father being found unfit and his parental rights removed. There will be contact with him. You don't simply get to go to court and make allegations without proof or giving the father an opportunity to defend himself in court.

**Mr. Knowitall** · 08-06-2009, 07:17 AM

If he's known about the child since pregnancy, but has made no effort to maintain contact or to gain custody, let alone to formalize his paternity, I doubt that a court will find his opposition to step-parent adoption to be compelling. Given his alternatives - assert paternity and start paying child support, or sign a consent form and walk away - most people who demonstrate that pattern of conduct will sign the consent form.

**Learningallthetime** · 08-07-2009, 01:47 PM

If your Ex has NOT had contact or supported your child for 1 year, you do NOT need his consent, however he will be notified. If you do NOT know his current address or whereabouts, then it will need to be done through Publication. BUT before you do anything 'on your own' and he fits into the category of no contact/no support for 1 year, consult an Attorney and file you Petition for Stepparent Adoption and establish the 1 year of no contact/no support before trying to cintact him(no matter what, establish that 1 year). If you have had contact and he has seen child or you have 'avoided' him seeing child, things will get difficult and your best advice will come from an Attorney.

**aaron** · 08-07-2009, 03:08 PM

That's not quite what the law states. If the petitioner for adoption proves by clear and convincing evidence that the father "has failed without justifiable cause to provide more than de minimis contact 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" the court can proceed without the father's consent. ORC 3107.07(A). It should go without saying that if the father will consent, it's going to be easier to proceed that way than without consent.

But if I understand the original post, there is no "father" - just a putative father. So, although notice is still required, assuming the father has not added himself to the putative father registry, it's actually much easier than that to proceed without consent under ORC 3107(B) or, if he has, to proceed based upon a claim that the "putative father has willfully abandoned or failed to care for and support the minor". Where the putative father has chosen not to establish paternity, there's no requirement that the abandonment or failure to support last for a year or more, nor is there a heightened burden of proof.

**Learningallthetime** · 08-07-2009, 05:16 PM

That's not quite what the law states. If the petitioner for adoption proves by clear and convincing evidence that the father "has failed without justifiable cause to provide more than de minimis contact 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" the court can proceed without the father's consent. ORC 3107.07(A). It should go without saying that if the father will consent, it's going to be easier to proceed that way than without consent.

That would be her burden to prove since he is "putative". That is why its best to consult with an Attorney as I stated, but do NOTHING until you establish the no contact/no support IF the criteria fits.