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Ohio Adoption Questions & Answers
1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Ohio on
Q: In the state of Ohio can your friends parents kick your friend out when 18 and still in high school(current junior)?
Todd B. Kotler
Todd B. Kotler
answered on Feb 26, 2024

Tricky question. Technically a parent has an obligation to parent a child until they emancipate. That usually happens when the child is both 18 AND a high school graduate. This may be further complicated if a parent is receiving child support on behalf of that child. This question does not... View More

2 Answers | Asked in Adoption, Child Custody and Family Law for Ohio on
Q: I have temp custody of my step children the mother has missed a lot of court ordered supervised visits is that abandoned

I am the stepmother who has temporary custody and the children. The mother has messed a year and a half of visits with one child, and eight months of visits with the other, trying to figure out if that’s considered abandonment.

T. Augustus Claus
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answered on Jan 30, 2024

In Ohio, the situation you describe may potentially be considered as a form of abandonment, particularly given the significant amount of time the biological mother has missed court-ordered supervised visits. Abandonment in child custody cases often refers to a parent's failure to maintain... View More

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1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: I am raising my grandchild,I have custody, dad's been in prison 95% of his life ,I want to move to Florida,from Ohio

Mother's moving with me, grandmother on father's side has grandparents rights too ,does she lose her rights ,child 8

Todd B. Kotler
Todd B. Kotler
answered on Jan 24, 2024

I would frame the question like this; should a child lose their right to have a meaningful relationship with the grandparents simply because their guardian is moving? You will need to have an attorney review the full order granting you custody. Often, when another grandparent has been formally... View More

1 Answer | Asked in Adoption and Family Law for Ohio on
Q: Can a biological divorced parent, remarried, take my biological child through a adoption process without permission?

This biological parent also changed the child's birth certificate to reflect the new spouse as the birth father. Also did not have permission from the other biological parent (me) for adoption. This parent did ask if the child could be adopted and change her name and was verbally told... View More

T. Augustus Claus
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answered on Jan 16, 2024

In general, it would be highly irregular and potentially illegal for a biological parent to initiate an adoption process for a child without the consent of the other biological parent, especially if there is a legal divorce decree in place. Adoption typically requires the consent of both biological... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Ohio on
Q: My boyfriend turns 16 in two months and wants to move out once he is 16. (Ohio)

My boyfriends home parents are split up but neither home situation is healthy and/or safe for him. It is deteriorating his mental health and he needs to move out as soon as possible for his own well being. emancipation is not available in Ohio. However hes working on getting a job and already has... View More

Todd B. Kotler
Todd B. Kotler
answered on Jan 15, 2024

The only way he can legally move out of his parents house karma is with the involvement of the court. If his home life is truly presenting a substantial danger to him, a child protective agency needs to be involved. The only way a non-relative could succeed in transferring custody is if they have... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Ohio on
Q: Can a permanent legal guardian adopt without parental consent in Ohio?

Legal guardian to two girls (15yo and 13yo) for the past three years. They came from abuse and neglect. Bio mom is now one year sober. 15yo wants to reconnect with bio mom. 13yo wants nothing to do with bio mom and still wants us to adopt her. Can we adopt 13yo without parental consent?

Todd B. Kotler
Todd B. Kotler
answered on Sep 23, 2023

Maybe, was this guardian appointed by the court as part of a permanent custody determination in the DN case? If so then yes. If not then the prospective adoptive parents may need to make additional showings. Whether parental consent is required can also depend on the specific facts and details... View More

1 Answer | Asked in Family Law, Adoption and Probate for Ohio on
Q: Request Order to Ohio Vital Statistics to obtain Original Birth Certifcate.

My son was adopted by his mother’s second husband changing his name and birth certificate.

My son has grown and his adoptive father has passed away. Son would like to have his birth certificate changed to have my name as his father. He has already changed his name back to what it was... View More

Aaron Epling
Aaron Epling
answered on Sep 18, 2023

Given these facts, I think any probate attorney may need to do some research to be truly confident as to the process needed to achieve the desired outcome. If changing the words on the certificate is truly the only desired outcome, then I'd start with the health department that issued the... View More

1 Answer | Asked in Adoption for Ohio on
Q: Would I be able to adopt my step child without having the biological parents consent?

If a biological parent has supervised visits 1 Saturday a month for 2 hours, 24 hours total in a year. They do not have any other contact with the child. Would that qualify as de minimus contact

T. Augustus Claus
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answered on Aug 21, 2023

In Ohio, pursuing the adoption of a stepchild without the consent of the biological parent can be legally complex. The ability to proceed without consent usually hinges on specific circumstances such as the termination of the biological parent's rights. The term "de minimis contact"... View More

2 Answers | Asked in Family Law, Adoption and Child Custody for Ohio on
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... View More

Nicholas P. Weiss
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answered on Aug 8, 2023

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...
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1 Answer | Asked in Adoption for Ohio on
Q: Can I adopt my grandson that I have had custody of for 3 years? The dad is in federal prison on drug charges.
Nicholas P. Weiss
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answered on Jan 13, 2023

If the father has failed without good cause to see the child OR has failed to provide more than de minimus support for at least one year prior to a petition for adoption, you can obtain adoption over your grandchild without his consent.

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: My sibling is 18 and pregnant, she has asked me to adopt the baby, what are the next steps.

We have talked and she knows that she’s not in the right place in life to raise a child and she’s asked me to adopt, just trying to figure out how to go about it.

Joseph Jaap
Joseph Jaap
answered on Nov 23, 2022

Adoption is done in probate court in your county. Check the court's web site for the adoption process, and use the Find a Lawyer tab to retain a local attorney who handles adoptions.

1 Answer | Asked in Consumer Law, Contracts, Family Law and Adoption for Ohio on
Q: We were told getting licensed to foster/adopt was free, but now we're being charged. Please see the details.

We took training to foster to adopt. We took all of the training, did everything that was asked of us, and read everything before signing anything. They told us that we are licensed through the state of Ohio to foster to adopt. We have located several children that are up for adoption in other... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 28, 2023

Write the caseworker from Children Services and ask if you might qualify for a waiver based on income. It sounds like your issue is with a private provider rather than a state agency based on the facts of your question.

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: Can my cousin sign her baby over to me after birth?

My cousin does not want another baby and I cannot have kids. She and the babies father has both agreed that they want to sign the baby over to me because they cannot afford or want another baby. How do they sign the baby over to me legally at birth?

Joseph Jaap
Joseph Jaap
answered on Nov 21, 2022

Use the Find a Lawyer tab or contact the local bar association to find an attorney who handles adoptions, which are processed in the local probate court.

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: I have a 10 year old son. On his birth certificate, only I appear as guardian (I'm his birth mother).

His bio father never bothered to recognize him or even provide any type of support. I am now married (married 3 years and have been together for 5 years) and my husband wants to legally adopt him. Do I need to terminate parental rights with my son's biological dad, or can we skip that step and... View More

Nicholas P. Weiss
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answered on Jul 19, 2022

Adoption and termination of rights happen at the same time. You will need to file for a stepparent adoption, which the biological father will have a right to contest. If he has not had more than de minimus (small) contact with OR provided support for your child for over a year then his consent is... View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: If i have kinship care of a child for a longer period of time and then family steps forward requesting to adopt her.

Will i have any say or pull to adopt her? Can the guardian say she's bonded to us?

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 26, 2022

A kinship caregiver can file for legal custody or adoption of a child. The difference is that parents can still have residual rights when a third party has legal custody but in the course of an adoption the parental rights are permanently terminated. The court will not necessarily grant a kinship... View More

1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: When can a parents rights be terminated, so the other party can adopt a non bio child in the state of ohio ?

Ive had custody of a child for 13 months, -temp custody for 18 months, and have taken care of her since 2018. her father has history of substance abuse and domestic violence, cannot see child for 4.5 years. mother same problem, but currently incarcerated, felonious assault was her charge. Both of... View More

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 19, 2022

The laws relating to adoption are found in Chapter 3107 of the Ohio Revised Code. Legal steps for completing adoptions are to complete a Petition for Adoption in the county Probate Court, hold a Hearing on the Adoption (must have required consents and/or service on parents), a home study must be... View More

1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: What is the best form to get notarized when it comes to obtaining custody of a minor child that belongs to a friend?

The Minor is a newborn

Matthew Williams
Matthew Williams
answered on Apr 13, 2022

You cannot obtain custody of a friend's child by notarizing some form. You will need to go to court to seek custody. You should be working with an attorney.

1 Answer | Asked in Adoption for Ohio on
Q: My fiancée have full custody of his son. Can I adopt his son without the mothers consent ?
Nicholas P. Weiss
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answered on Mar 21, 2022

In Ohio, if the noncustodial parent has either 1) not had more than de minimus contact with or 2) failed to provide support to the child for one year or more, you do not need their consent to the stepparent adoption.

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: Can my husband adopt my two children whose father is not in the picture?

I got a dissolution from my ex husband in 2017. We had two daughters together who are now aged 12 and 14. There was some abuse involved with the children and with me as well, and they haven't wanted anything to do with their father for some time. We have been to court a few times when he tried... View More

Bridget Sciscento
Bridget Sciscento
answered on Mar 14, 2022

Hello, since you and your husband married more than a year ago, then he can apply for stepparent adoption. There are 2 ways a stepparent adoption can be granted: with or without consent of the biological parent who will have their parental rights terminated. In Ohio, if a parent fails to provide... View More

1 Answer | Asked in Adoption, Child Custody and Probate for Ohio on
Q: How do I know who has custody of a minor child in Ohio

My husband and I have had full custody of his 13 year old son for over 10 years now. Mom has since had another child who is now 6 years old which custody was given to her mother who has since passed away. The child is now back in her mothers care but need to know how to help grandma/ myself get... View More

Nicholas P. Weiss
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answered on Mar 9, 2022

If the child is not going to be placed with child services because of the mother's drug use, then you or the grandmother can file a private custody action in Juvenile court. You or her will need to prove 1) that the mother is unfit and 2) that putting the child in the care of a non-parent is... View More

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