Legal Question in Family Law in Ohio
Custody, Visitation, and Adoption
I have a son in elementary school. The biological father (we were never married) only saw him a few times, the last time being when he was still an infant. He has never paid child support, but I have records to prove I worked with the gov't t get it, but never succeeded. He last called when my son was around 2. Now that my ex is married again, he and his new wife want to establish paternity, and get custody and visitation. I am now married and my son's father is my husband. I am a stay at home mom and we live in another state. How can we have my husband legally adopt my son, and what standing do we have in court in getting my ex's rights terminated? Also, do we have to go to court in the state where my son was born? Or where we currently live?
1 Answer from Attorneys
Re: Custody, Visitation, and Adoption
The State that would have jurisdiction is where the child has been a resident for the last 6 mos. (maybe 1 year). You probably want to take the initiative and file for custody. You will still have to give some on visitation, but he will have to pay support.