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 (the age of child). Every conversation we have had has always ended in arguments and not usually asking when he can see the child. He has not physically seen the child in 10 months, which was at a family event. My husband has been there since my child turned 1 month old, and has taken amazing care for him and has been wanting to adopt him. I think I'm just a little nervous with how its all going to go. I want my husband to be able to adopt him and I feel like this is going to push the process back, but bio father has not supported in any way, shape, or form for a little over a year.
A: The quick answer is "yes". This will make a step-parent adoption more difficult. Biological dad is exercising rights creating facts that work against the claims you will need to make to push through a step-parent adoption without the consent of the biological father.
1 user found this answer helpful
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 hearings. The first will be on whether consent is necessary, which it seems it is not due to the length of time without support. The second will be on whether the stepparent adoption is in the best interest of the minor child. The first hearing is where the fight is. If you can get past that hurdle, the second hearing is cake.
1 user found this answer helpful
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