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?
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
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
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
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
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
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.
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
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.
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.
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?
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
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
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
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
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
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.
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
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
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
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
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... View More
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...View More
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... View More
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...View More
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.
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