Q: Hi, id like find out if it's possible to adopt my two step kids.
I have three kids (one biological, 2 step), my step kids are 12 and 6, and there biological father has hardly been in there lives. My wife has full custody, and he's court ordered to pay child support. He's paid child support one time in 9 months (December 2023 was the last time and before that it was July 2023) last time he contacted them was May 2023, last time he's physically seen them is June 2022. He is not involved and it not safe for them to be around. My kids want me to adopt them, and keep wanting to take my last name. I know in Ohio a kid only needs to be 12 to give consent. So that leaves my 6 year old. They have lived with me since June 2019, when they were 2 and 7. It seems he contacts them to maintain the bare minimum in order to not lose parental rights, however I'm wondering if their desire for me to adopt them, combined with one of them being 12 and having the ability to consent of this would greatly influence adopting my 6 year old as well?
A: The biological father must agree to the adoption under these circumstances. I he goes 1 year with providing support or contacting the children (without interference from you or your wife) you may be able to move forward without his consent. You should contact a family law attorney who also does probate work.
A:
Sorry, Todd! I disagree. You are usually right!
If the contact in May 2023 was just a brief contact then it is likely to be determined to be "de minimus". That means that the contact was so inconsequential that the court won't consider it for determining whether there was contact for one year prior to filing the petition, and would conclude that the father's consent is not required.
To be safe, wait until after may to file the petition for stepparent adoption so there is no fight about what constitutes de minimus contact.
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