Legal Question in Family Law in Ohio
Child Custody/Possible Adoption
My son's biological father and I were never married and have never had custody legally established. He hasn't so much as called in 1 1/2 years and has never paid support, I'm not even sure where he is, but he is on the birth certificate. When my husband returns from his tour in Iraq, he is planning to file to adopt my son. However, when I enrolled my son in school they stated that if his biological father showed up at the school they would have no choice but to give him to him since he is on the birth certificate and I have no paperwork to show he cannot. As far as I know the biological father is still in Md. and we are in Ohio, but him finding us (the paternal grandmother keeps in contact and has our address),showing up and the school just giving him to him is not a chance I want to take. If I file for custody now to keep that from being allowed, will that affect us filing for a stepparent adoption in a few months? Also, where would I go to file for this if I do need to?
1 Answer from Attorneys
Re: Child Custody/Possible Adoption
You should straighten out custody and parentage of your son as soon as you can. The school should have on record that your are the residential parent who has custody of the child. You should also be able to begin the adoption procedure. Both are handled through the courts. Start with your loval juvenile court for custody.