Legal Question in Family Law in Ohio

Adoption Null and Void?

I was adopted by my maternal grandfather and his wife in 1974 after the death of my mother in 1973 through the Probate Court of Cuyahoga County in Cleveland, Ohio. Prior to her death, my mother and I lived in Washington, DC. If the Probate Court did not give notice to my biological father who resided in the Washington Metro area about my petition for adoption in order to terminate his parental rights, is my adoption null and void and am I able to seek payment of retroactive child support from him and seek damages from Cuyahoga County if I was not free and clear to be legally adopted?


Asked on 10/28/03, 9:44 am

1 Answer from Attorneys
Carolyn Press Chung & Press. P.C.

Re: Adoption Null and Void?

If you lived in Maryland as a child your grandfather who adopted you was presumably supporting you. If the adoption was never challenged by your biological father, you can not assume that it was invalid. THe adoption would not have gone through without some evidence that your father had been notified or at least that substantial attempts were made to notify him. If you had been in the custody of your grandfather, but not adopted, your grandfather could have filed for child support from your father. Apparently he did not do that. Child support can not be ordered retroactively to a period before a Complaint for child support is filed. So the answer to your question is no, you can't file now for retroactive child support. If you could, the support payments would go to your grandfather, not to you. As for suing Cuyahoga County for damages, what are your damages? Apparently you were supported by your grandfather.

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Answered on 10/29/03, 11:18 am


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