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

1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: I’ve been adopted for 8yrs can I get emancipated in the state of Ohio at 15 to live in California with other family?

I have 2 brothers who got adopted with me. My older brother moved out right at 18. My other brother is 10 and he’s pretty spoiled here. I want to live with my dad because it was a wrongful adoption. My mom had drugs in the house and my mom and dad weren’t even together. We were going to go live... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 19, 2021

Ohio does not have emancipation for your situation. Here is a link with more information. https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/family-relations/circumstances-say-whether-minors-are-emancipated/

Talk to a school counselor or other trusted adult...
Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for Ohio on
Q: Can Unwed couple in Ohio work out child support outside of court.

Is it possible for an Unwed mother and father (name not on birth certificate) to work a deal outside of court. We have after research we have agreed on an amount to give and that the father will not be in contact with the child. Is there any legal issues with this? I won’t be filing for... Read more »

Matthew Williams
Matthew Williams answered on Aug 31, 2020

The father is taking a big risk here. If you turn around and petition for child support, your out of court arrangements may or may not be honored by the child support enforcement agency and courts. It's safer for everyone involved to do it officially. If he wants to provide additional support... Read more »

1 Answer | Asked in Adoption and Family Law for Ohio on
Q: Can my boyfriend adopt my daughter

my boyfriend has been there since I found out I was pregnant and has stepped up to be my daughters father. Her biological father has not been in her life at all. I told him i was pregnant. There was a possibility either one could be the biological father. I did a dna test on my boyfriend and came... Read more »

Joseph Jaap
Joseph Jaap answered on Aug 14, 2020

He can't adopt unless you marry him, and the biological father could object. Use the Find a Lawyer tab to retain a local attorney who handles adoptions, which are handled in the probate court. Also check the court's web site.

1 Answer | Asked in Adoption and Family Law for Ohio on
Q: What steps do I need to take to start the adoption process for the step father?

My daughters "father" has only seen her 3 times in her life and all before her first birthday. He has paid child support sporadically over the years but has never reached out to her or tried to contact her. She is now 14 and wants her Stepfather to adopt her. I am not sure what steps I... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 27, 2020

Check the web site of your local probate court which decides adoptions for the required process. Or use the Find a Lawyer tab to retain a local attorney who handles adoptions.

1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: Can I get visitation rights or adopt my girlfriends child?

We have been dating for 5 years (not married). So I’ve been in the child’s life the whole time. The father spent the weekend with the child 5 years ago then went MIA until child support was filed against him last year. This year he was granted visitation rights without even establishing a... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 17, 2020

You cannot get visitation rights. And you cannot adopt unless you marry the mother, and the father might object to that. Use the Find a Lawyer tab to consult a local attorney who handles adoptions.

1 Answer | Asked in Adoption for Ohio on
Q: How do I go about my boyfriend adopting my 3 kids without father's consent

My daughter is 5 her father has not been in her life at all. Never contacts me never reaches out to me about her. My son is 2 his father has never reached out to me either never contacts me about my son. I'm currently pregnant and my child's father isn't around and I would like my... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 16, 2020

Yes, you can have him sign the birth certificate. You can adopt without the father's consent only if after applying the father is given proper notice. That he has been out of the child's life with no contact for over a year is a grounds for the stepparent adoption.

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: I'd like to adopt my step son. My husband has full custody I've been in his life since he was a yr old hes now almost 8

His biological mother didnt visit him at all in 2019 and has only called and seen him once in 2020 back in march haven't heard from her again. This is very typically of her and it's tough on our son! Am I able to just adopt him since she has very little to no contact with him? How would I... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 16, 2020

You can file with the probate court to adopt. The mother will be notified and she could object. If she has not been ordered to pay child support, then your husband could file to make her start paying. If you adopt, then her child support obligation would terminate. Use the Find a Lawyer tab to... Read more »

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: My sister has been in drugs the baby's in the hospital getting winged off. Im trying to get custody of the kid

she is willing going to give me the kid just trying to figure out how i can do tbis legally

Joseph Jaap
Joseph Jaap answered on Jul 15, 2020

Contact your local children's protective services office to arrange for temporary custody. Or use the Find a Lawyer tab to retain a local family law attorney.

1 Answer | Asked in Adoption, Child Custody and Family Law for Ohio on
Q: I want my finacè to become my daughters legal father. Bio dad is not involved, help please!

I want my finacè to adopt my daughter and become her legal father. Her father never signed her birth certificate only took a dna test for child support. He may be willing to sign his rights over to my finacè if it is needed. Does he even have any rights to sign over? Do we need to be married? I... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 6, 2020

You and fiancé must marry for him to be able to adopt, and bio father might try to object. Use the Find a Lawyer tab to retain a local attorney to assist.

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: my boyfriend and his ex have a son together. he is now 15 months old and i have been with him his entire life. help

i have been in his life and primarily the one taking care of him when it is his shared parenting time. my boyfriend and i broke up. the mother wants to sign her rights over to me but still wants the father to have his rights. is this possible?

Joseph Jaap
Joseph Jaap answered on Jul 2, 2020

Yes, the father retains his parental rights.

1 Answer | Asked in Adoption, Family Law and Child Custody for Ohio on
Q: We are adopting our nieces baby when he is born in November. How do we go about doing this?
Joseph Jaap
Joseph Jaap answered on Jun 22, 2020

Use the Find a Lawyer tab to retain a local attorney who handles adoptions to be sure that it is done properly.

1 Answer | Asked in Family Law, Adoption and Child Support for Ohio on
Q: I'm disabled and owed child support. The judge told child support not to pursue the matter any farther.

I signed away my rights so my child could be adopted. But it didn't happen and they came after me for support. I hardly survive on my check. But years later had another child and when we went to court the judge said since I had a child and I was disabled they should not pursue the matter any... Read more »

Joseph Jaap
Joseph Jaap answered on May 27, 2020

You'll have to try to work it out with the child support enforcement agency. Give them a copy of whatever order the judge signed regarding your child support. But that might not get them to give you the stimulus money if you had arrears.

1 Answer | Asked in Adoption and Family Law for Ohio on
Q: I dont want to live with my father any longer and my grandma is okay with taking me in but hes not what do I do
Joseph Jaap
Joseph Jaap answered on May 14, 2020

If your father does not agree, then there might not be much you can do, unless your father is unfit, abusive, or has substance abuse problems. Parents have control of their children until they reach age 18 and are no longer a minor. It is normal for teens not to like the rules their parents... Read more »

1 Answer | Asked in Adoption and Juvenile Law for Ohio on
Q: Hello, my friend is 16 and has a very abusive father and his mom is on drugs. I am 20 years old and want to take him in.

Is there any legal way about somehow getting custody of my friend because he is like my little brother and I wanna see him in a better Situation and I wanna be there for him but I don’t wanna see him in foster care.

Joseph Jaap
Joseph Jaap answered on May 6, 2020

Talk to his parents to find out if they would agree to that, and then talk to children's services about it.

1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: How do I go from third party custody to adoption?

I have a child that was removed from her home 14 months ago. She has lived with me since. I currently have temporary custody, and the state filed for LC. The next hearing is July.

Cps is not filing for tpr because they do not have custody, only I do. Mother neglected child, has made... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on May 5, 2020

Adoption will be filed through the probate court in Clark county. You will have to get an attorney (required by the local court) and prove what you need to under R.C 3107.07.

You will need to allege and prove the following: The parent has failed without justifiable cause to provide more...
Read more »

1 Answer | Asked in Adoption and Family Law for Ohio on
Q: would my friends dad be allowed to gain guardianship of me if both my parents are dead

My stepmother and i don't get along at all and i don't have any family

Joseph Jaap
Joseph Jaap answered on Jan 17, 2020

He could try. He would have to file for guardianship in the probate court. Talk to him about it.

1 Answer | Asked in Adoption and Child Custody for Ohio on
Q: Mother has been listed as abandonment my husband and I want to get full custody which is currently with grandmother

Husband wants to file for full custody of 10 year old son. His biological mother abandoned him almost 7 years ago and paternal grandmother took custody because father was not financially stable at the time. Need to figure out first steps in getting custody back from grandmother when the mother is... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Jan 13, 2020

In Ohio, typically the court that first decides custody rights of a child retains jurisdiction to decide custody matters involving that child going forward. That means, whatever court granted the grandmother custody is likely the court anything you wish to do will need to be filed in. In Ohio,... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Ohio on
Q: Can the biological dad of my child rights be termintated so my husband can adopt child

Biological father hasnt seen or spoken to my child in years and hasnt tried or showed any interest in doing so can his rights be termintated so my husband can adopt my child . My child also has stated they dont want to see there biological father again or speak to biological father ever again. And... Read more »

Joseph Jaap
Joseph Jaap answered on Dec 23, 2019

Yes. Use the Find a Lawyer tab to retain a local attorney who does adoption.

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.