Lawyers, Answer Questions  & Get Points Log In
Ohio Adoption Questions & Answers
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 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... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
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... Read 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... Read 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... Read 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... Read 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
Nicholas P. Weiss
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... Read 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... Read 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... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
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... Read more »

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: My God baby mother is becoming more & more unraveled she is having repeated breakdowns where she threatens to drop kid

Off to police station. I have raised my God baby since she was 3 months she is 3yr now. Her moms leave her wit me every chance she gets even told her family that if anything happens she was to come to me. But her mental state loves to control the narrative of the situation so she don't put it... Read more »

Bridget Sciscento
Bridget Sciscento
answered on Mar 7, 2022

You may be able to obtain emergency custody of your goddaughter. It is difficult to obtain emergency custody and even more difficult for a non-family member. However, given that you have been caring for the child for long stretches of time and Mom appears to be unstable, you may be able to overcome... Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: What does Ohio consider as de minimis contact?

I've had custody of a family members child for 2 years, the child has lived with me for over 4 years. No order of support was made due to their living on government assistance at the time. They always stated they would send money but never did. They cut off communication except for 2 hours at... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Feb 21, 2022

Three hours per year would likely constitute de minimus contact and their consent would not be required to proceed with the adoption.

1 Answer | Asked in Adoption and Family Law for Ohio on
Q: Mother has no contact with child for 23 months and I want to change custody to me (3rd party) but court no jurisdiction

N/a

Nicholas P. Weiss
Nicholas P. Weiss
answered on Feb 12, 2022

You need to file a motion to modify custody in the court that currently has the existing order. You will likely then need to transfer jurisdiction to where the child currently lives. You will be arguing that the mother has abandoned the child per the perales standard and have a strong likelihood of... Read more »

1 Answer | Asked in Adoption and Family Law for Ohio on
Q: Looking to get temporary guardianship of 4 children while their mother gets back on her feet.

We need to be able to put them in school and take them to the doctors. Would we need power of attorney? Or something else? What steps do we need to take?

Nicholas P. Weiss
Nicholas P. Weiss
answered on Dec 31, 2021

If you are a grandparent it is a simple form for grandparent power of attorney signed by the mother that you file in your county's juvenile court. If you are not a grandparent then you need to file an application for guardianship with consent of the mother in your county's probate court.

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: If my daughters biological dad hasn’t been in her life and is in prison for 5 years can my current boyfriend adopt her

Without his consent. He hasn’t been in her life at all hardly since she was born he has made threats and death threats to my family , his daughter and I

Joseph Jaap
Joseph Jaap
answered on May 17, 2021

You and you boyfriend must get married before adoption is allowed.

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: if I leave my mom & goto my grandma & tell mom I don't want to live with her can she call the cops for "kidnapping"
Matthew Williams
Matthew Williams
answered on May 11, 2021

She can call the cops sure. But that's not kidnapping. However, you risk being adjudicated unruly or delinquent, and if your grandmother helps you, she could be charged with an offense called interference with custody. In other words, your mother has a legal right to custody and if you just up... Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for Ohio on
Q: I live with my Aunt and Uncle, but my Aunt has full custody over me. She is very toxic and mainly Verbally Abusive

But i cant prove she is abusive. Ever since she got custody of me at i think the age of 3, there has never been any love and its always been basically hell. When i was younger i was constantly grounded and had to stand up with my nose pressed against a fridge for days or months on end. Because of... Read more »

Joseph Jaap
Joseph Jaap
answered on May 10, 2021

Never trust people you meet on-line - even though they seem nice. Those kinds of things end up as tragedies on the news -- or else somebody disappears and is never heard from again. Talk to a teacher, school counselor, or other trusted adult about the situation at home and the people you met on... Read more »

1 Answer | Asked in Adoption and Family Law for Ohio on
Q: I am a female in a domestic partnership. My partner has a son and the father is unknown.

How would my partner go about establishing custody or be able to get custody papers? It isn't something we've encountered until this year. Any suggestions would be appreciated.

Andrew Popp
Andrew Popp
answered on May 7, 2021

You can check with the putative father registry. You can find information here:

https://jfs.ohio.gov/pfr/

Best of luck.

1 Answer | Asked in Adoption, Child Custody and Family Law for Ohio on
Q: My daughter’s friend (16) and her infant child were kicked out of her mother’s. She is staying with our family and we

would like to provide a long term and safe environment for them. What formal agreements or legal status can we be granted for this situation?

Her mother’s home is not safe for her or her child. Emancipation is not an option in Ohio. Her mother would be willing to “sign off” on some... Read more »

Nicholas P. Weiss
Nicholas P. Weiss
answered on Mar 20, 2021

You have three options so long as the biological mother is willing to sign-off.

1) Adoption. You can adopt the daughter, which would permanently cut off the biological mother from future parenting.

2) Guardianship. You could assert yourself as a guardian over the child in probate...
Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: Can my boyfriend adopt my daughter without fathers permission?

My daughter is 5 years old, she has no father on her birth certificate and no dna has been established. He hasn't supported her or bothered to be apart of her life. My boyfriend wants to adopt her he's been in her life since she was a year and half and we have two kids together. Can he... Read more »

Cathy Cook Esq
Cathy Cook Esq
answered on Mar 14, 2021

You have to be married for your boyfriend to adopt her. You still have to notify father of the adoption, but may not need his permission. You should discuss this with a local attorney.

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: My daughter is 15 and her bio dad isn’t on the birth certificate or around , can my husband of 8 years adopt her?

My daughter’s biological father is not listed on the birth certificate and has never paid child support. We have proved paternity. He has never shown any interest is her whatsoever. My husband and I have been together since she was two and would love to adopt her. Do we have to get her biological... Read more »

Cathy Cook Esq
Cathy Cook Esq
answered on Feb 28, 2021

Based on the facts you’ve provided, a step-parent adoption can occur. You will have to notify father, but don’t need his permission based on no support and no contact for one year.

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.