Q: Will biological fathers court paper interfere with my husband and I's adoption process?
My husband and I are going to be starting the adoption process, we have had our appointment for a few weeks now. However, bio father just filed a petition to the courts for shared parenting/paternity. Paternity was never established. Bio father has not supported our child for 1 year and 1 month (the age of child). Every conversation we have had has always ended in arguments and not usually asking when he can see the child. He has not physically seen the child in 10 months, which was at a family event. My husband has been there since my child turned 1 month old, and has taken amazing care for him and has been wanting to adopt him. I think I'm just a little nervous with how its all going to go. I want my husband to be able to adopt him and I feel like this is going to push the process back, but bio father has not supported in any way, shape, or form for a little over a year.
A: The quick answer is "yes". This will make a step-parent adoption more difficult. Biological dad is exercising rights creating facts that work against the claims you will need to make to push through a step-parent adoption without the consent of the biological father.
1 user found this answer helpful
A:
You will in all likelihood prevail on your stepparent adoption. In Ohio, when a biological parent has failed, without reasonable justification, to provide support for over a year to a minor child, his consent is not necessary to proceed with the stepparent adoption.
There will be two hearings. The first will be on whether consent is necessary, which it seems it is not due to the length of time without support. The second will be on whether the stepparent adoption is in the best interest of the minor child. The first hearing is where the fight is. If you can get past that hurdle, the second hearing is cake.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
