Legal Question in Family Law in Ohio

Deadbeat absent father/ adoption

I got divorced in 1995 in Geauga Co. Ohio.I have my 2 children living with me.They are 8 & 10 yrs. old .In my court order my ex was to get them every other week end from Fri. to Sun. He did this awhile -never regularly .He knows where I live , I know where he lives .He has not seen the boys since Aug.98. He has not paid child suport since Sept.98. He is $5,168.93 behind in suport . I am remarried and my current husband would like to adopt the boys , the boys want that too. We have a great home and family life .The boys real father use to live 25 miles away from us , but him and his new girlfriend moved to P.A.by their choice ,55 miles away .We are hoping my husband can adopt by law , my ex, will never give up his rights By choice , just not pay and not visit .

What does the Ohio law state for this situation ? What steps could be taken? Could his rights be terminated?


Asked on 6/18/99, 12:10 am

1 Answer from Attorneys
Curtis J. Hamilton Neel Wilson & Clem

Re: Deadbeat absent father/ adoption

In Ohio, an adoptive parent does not need to obtain the biological parent's consent to the adoption if the bio. parent has not had any contact with his children for at least one calendar year or has provided no support for the children for at least one calendar year prior to the filing of the adoption petition, and has no good excuse for not doing so. Therefore, you may file your adoption petition in October, and you will not need the father's consent. Also, you will not give up your right to collect back child support, but any future child support will be cut off. Contact a local attorney to assist you with the petition.

Good luck.

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Answered on 6/29/99, 3:20 pm


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