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  1. #1
    Join Date
    Dec 2013
    Location
    crawford county
    Posts
    2

    Default Stepparent Adoption Opposed by the Father

    My question involves adoption law for the State of: ohio

    My son's bio dad was granted supervised visitation over 3 years ago, but has not showed in almost 2 years. We have not heard from him in about 18 months, and he lives less than 5 miles away. My son will soon be 4. I have married. My husband is the only father my son knows he has been with us since my son was 3 months old, and would very much like to adopt my son. Bio dad refuses to let my husband adopt because he is awaiting to serve 30 days in jail for failure to pay support and would like jail time waived. My attorney advised us that this is something the state has implemented and it is not within our power to have that waived. We did however offer to waive the past due child support. Bio dad declined. This was about 18 months ago when he was behind about $3,000 now he is over $8,000 behind. Child support cannot do anything, I am in contact with them monthly. My lawyer was apprehensive about moving forward 18 months ago and closed our case. I realize that there may not be an "abandonment" law in Ohio, but is there any way we can force him to let the adoption go through? Or anything at all we can do? I have never stopped him from his visitation, that is of his own doing. At this point, I'm up for any ideas.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Absent Bio Dad, Can We Get Him Out of the Picture All Together

    If the law provides that Dad can object to an adoption proceeding, then that's what you're facing. This does not however mean that an adoption cannot go through - it merely means that Dad can object. Given that Dad won't agree this is a situation which calls for an attorney.

  3. #3
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Absent Bio Dad, Can We Get Him Out of the Picture All Together

    I realize what you're trying to do, but don't you think that if it were that easy for someone to force dad to terminate his rights, it would be equally as easy for someone to force you to terminate yours. You wouldn't want that, right?

  4. #4

    Default Re: Absent Bio Dad, Can We Get Him Out of the Picture All Together

    Get an attorney...It's possible, but expensive...In my state, I was given quotes from $1500 to $2500

    Ohio state law requires that the parent and stepparent of a child be legally married for at least one full year before the stepparent petitions to adopt the child. Courts will not consider the duration of the relationship before marriage.
    You don't need his consent if:

    Had no communication with the child for a period of at least one year, or
    Failed to provide any financial support for one year or longer
    http://www.czieglerlaw.com/CM/Family...t-Adoption.asp

    The actual statue:

    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 , after proper service of notice and hearing, finds by clear and convincing evidence that the parent 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.
    http://codes.ohio.gov/orc/3107

    This took me about five seconds of googling...

  5. #5
    Join Date
    Dec 2013
    Posts
    229

    Default Re: Absent Bio Dad, Can We Get Him Out of the Picture All Together

    Quote Quoting mom's frustrated
    View Post
    My question involves adoption law for the State of: ohio

    My son's bio dad was granted supervised visitation over 3 years ago, but has not showed in almost 2 years. We have not heard from him in about 18 months, and he lives less than 5 miles away. My son will soon be 4.
    Am i missing why you have made no effort in 2 years to go 5 miles with your child and bring him to his father? Or why you haven't called the father and handed the phone to the child?

  6. #6

    Default Re: Absent Bio Dad, Can We Get Him Out of the Picture All Together

    Why should she go the distance of trying to facilitate something that the bio dad doesn't want, which is evident by his in-actions?

  7. #7
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Absent Bio Dad, Can We Get Him Out of the Picture All Together

    She can't force the other parent to act like a parent. It's really not her job.

  8. #8
    Join Date
    Dec 2013
    Posts
    229

    Default Re: Absent Bio Dad, Can We Get Him Out of the Picture All Together

    WTF is a Bio-Dad? You mean the childs LEGAL, ONLY Father? Your bias is showing Diddy, and it's ugly and pretty pathetic. You should be ashamed! Seriously, why don't you go up to your child and just spit in their face? What you are implying when you say things like bio-dad is that HALF of what that child is, is worthless. People like you are the reason the system is so screwed up today! You piece of.....


    Arrghh, i've got to stay off this site today!

  9. #9

    Default Re: Absent Bio Dad, Can We Get Him Out of the Picture All Together

    It's a biological father(I'm only using terminology the OP used)......don't be mad mmmagique agreed with me...and you expect the OP to force the 'bio dad' to be a parent. You didn't snap at the OP for using that term...sad...pick your battles

  10. #10
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Absent Bio Dad, Can We Get Him Out of the Picture All Together

    But she has Daddy 2.0 all ready to be installed over Daddy 1.0, a program she is very unhappy with. Please support her efforts.

    Quote Quoting Diddy41
    View Post
    It's a biological father(I'm only using terminology the OP used)......don't be mad mmmagique agreed with me...and you expect the OP to force the 'bio dad' to be a parent. You didn't snap at the OP for using that term...sad...pick your battles

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