Q: Can we terminate biological mothers rights in Ohio?
Soon-to-be stepson's (he is almost seven) biological mother has had no contact with him since January 2021. We have had full custody since December 2020 (she didn't show up to his custody hearing) after she was arrested for felony drug charges in December 2019. We are getting married soon and we would like her rights terminated so I am able to legally adopt him after we are married. Is this something that is possible in Ohio? What steps do we need to take?
A:
It sounds like you are wanting to do a stepparent adoption.
The Petition for Adoption must be served upon the step-child's "other" natural parent. Typically, both natural parents must sign a written form consenting to the adoption. If the "other" natural parent does not consent to the adoption, the adoption cannot take place. The natural parents must also be served with notice of the date of the adoption hearing. HOWEVER, There are two exceptions to this rule. If the "other" natural parent has failed, without justification, to 1) communicate with the child, or 2) financially support the child for a period of one year before the filing of the adoption petition, that parent's consent is not required and the adoption can proceed. The court must find, by clear and convincing evidence, that the natural parent has failed to provide more than "de minimus" (minimal) contact with the child, or has failed to provide for the child's maintenance and support. Other exceptions may apply to "putative fathers" and parents whose parental rights have been terminated by a juvenile court.
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