Wilmington, OH asked in Family Law for Ohio

Q: can the guy my son calls dad adopt

my son is 4 years old the guy he calls daddy has been his dad since he was 6 months old. we are no longer together but we still want to proceed with adoption. my sons biological father hasnt been in his life and the judge put abandonment on him during our custody battle 3 1/2 years ago.

Related Topics:
2 Lawyer Answers
Devin C. DiDominicus
Devin C. DiDominicus

A: The biological parent will need to be notified of the adoption, and the adoption will eliminate the parental rights of the biological parent. The adoptive parent will then stand in the place of the biological parent for the purposes of child support responsibility, inheritance (both ways), and will have equal standing in child custody disputes with you.

The hiccup, in your case, would be that the two of you are no longer together. Many judges would hesitate to grant an adoption between parties whose existing relationship is likely to result in a dispute, and many jurisdictions require that both of the adopting parties be married, which your post suggests that you are not.

I would recommend giving a local adoption attorney in your jurisdiction a call. Many lawyers offer free consultations, and they may be able to guide you through the necessary changes to your existing lifestyle that would be required to effectuate an adoption.

R. Scott Patterson
R. Scott Patterson
  • Zanesville, OH
  • Licensed in Ohio

A: If the child would be adopted by a person other than your spouse (step-parent adoption), your parental rights would be terminated along with those of the biological father.

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.