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Ohio Adoption Questions & Answers
1 Answer | Asked in Adoption and Family Law for Ohio on
Q: Can hcjfs (cps) tell my wife and kids to not have any contact with me the father, or is that parental alienation?

My wife over the past 10 years has filed 4 dv cpo's. She does it to kick me out of the house, and has recently admitted in court to purjuring them...on the record under oath. Hcjfs(cps) has convinced her there is to be no contact with kids and i or her and i. Is this parental alienation and... View More

Nicholas P. Weiss
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answered on May 6, 2024

You need to get, if you haven't already, an enforceable custody/parenting time order. If you have one of those, then you can enforce it unless it is superseded by another order regardless of what CPS says. If you DON'T have an order, then she can do whatever she wants.

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: So I'm about to start the process of adopting my step kids, questions about home study.

I'm going to be adopting my step kids and their biological father agrees to give consent as he's not in their life and doesn't want to pay the child support and all so it's win-win for us all. It seems we still have to have a home study conducted in Ohio despite them living with... View More

Nicholas P. Weiss
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answered on Apr 2, 2024

It can be used against you the same way that consuming alcohol can be used against you. If you use to excess or it effects your ability to parent, that will be a strike against you. If it does neither of those things, it is a very low likelihood that it will derail the adoption.

1 Answer | Asked in Cannabis & Marijuana Law, Family Law and Adoption for Ohio on
Q: Will having a medical card put you at risk of losing your kids to the non-custodial parent if he wanted to use that?

If my ex wanted to use my medical card in Ohio against me, could he despite not having parental rights and my husband having adopted my children?

Nicholas P. Weiss
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answered on Apr 2, 2024

He is not the non-custodial parent if your spouse adopted the kids. He is not a parent at all. It would be basically impossible for him to obtain parental rights by attempting to utilize your use of medical marijuana in a custody dispute.

2 Answers | Asked in Family Law and Adoption for Ohio on
Q: Hi, id like find out if it's possible to adopt my two step kids.

I have three kids (one biological, 2 step), my step kids are 12 and 6, and there biological father has hardly been in there lives. My wife has full custody, and he's court ordered to pay child support. He's paid child support one time in 9 months (December 2023 was the last time and... View More

Todd B. Kotler
Todd B. Kotler
answered on Mar 31, 2024

The biological father must agree to the adoption under these circumstances. I he goes 1 year with providing support or contacting the children (without interference from you or your wife) you may be able to move forward without his consent. You should contact a family law attorney who also does... View More

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2 Answers | Asked in Family Law and Adoption for Ohio on
Q: Hi, id like find out if it's possible to adopt my two step kids.

I have three kids (one biological, 2 step), my step kids are 12 and 6, and there biological father has hardly been in there lives. My wife has full custody, and he's court ordered to pay child support. He's paid child support one time in 9 months (December 2023 was the last time and... View More

Nicholas P. Weiss
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answered on Apr 1, 2024

Sorry, Todd! I disagree. You are usually right!

If the contact in May 2023 was just a brief contact then it is likely to be determined to be "de minimus". That means that the contact was so inconsequential that the court won't consider it for determining whether there was...
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1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Ohio on
Q: In the state of Ohio can your friends parents kick your friend out when 18 and still in high school(current junior)?
Todd B. Kotler
Todd B. Kotler
answered on Feb 26, 2024

Tricky question. Technically a parent has an obligation to parent a child until they emancipate. That usually happens when the child is both 18 AND a high school graduate. This may be further complicated if a parent is receiving child support on behalf of that child. This question does not... View More

2 Answers | Asked in Adoption, Child Custody and Family Law for Ohio on
Q: I have temp custody of my step children the mother has missed a lot of court ordered supervised visits is that abandoned

I am the stepmother who has temporary custody and the children. The mother has messed a year and a half of visits with one child, and eight months of visits with the other, trying to figure out if that’s considered abandonment.

T. Augustus Claus
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answered on Jan 30, 2024

In Ohio, the situation you describe may potentially be considered as a form of abandonment, particularly given the significant amount of time the biological mother has missed court-ordered supervised visits. Abandonment in child custody cases often refers to a parent's failure to maintain... View More

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1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: I am raising my grandchild,I have custody, dad's been in prison 95% of his life ,I want to move to Florida,from Ohio

Mother's moving with me, grandmother on father's side has grandparents rights too ,does she lose her rights ,child 8

Todd B. Kotler
Todd B. Kotler
answered on Jan 24, 2024

I would frame the question like this; should a child lose their right to have a meaningful relationship with the grandparents simply because their guardian is moving? You will need to have an attorney review the full order granting you custody. Often, when another grandparent has been formally... View More

1 Answer | Asked in Adoption and Family Law for Ohio on
Q: Can a biological divorced parent, remarried, take my biological child through a adoption process without permission?

This biological parent also changed the child's birth certificate to reflect the new spouse as the birth father. Also did not have permission from the other biological parent (me) for adoption. This parent did ask if the child could be adopted and change her name and was verbally told... View More

T. Augustus Claus
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answered on Jan 16, 2024

In general, it would be highly irregular and potentially illegal for a biological parent to initiate an adoption process for a child without the consent of the other biological parent, especially if there is a legal divorce decree in place. Adoption typically requires the consent of both biological... View More

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Ohio on
Q: My boyfriend turns 16 in two months and wants to move out once he is 16. (Ohio)

My boyfriends home parents are split up but neither home situation is healthy and/or safe for him. It is deteriorating his mental health and he needs to move out as soon as possible for his own well being. emancipation is not available in Ohio. However hes working on getting a job and already has... View More

Todd B. Kotler
Todd B. Kotler
answered on Jan 15, 2024

The only way he can legally move out of his parents house karma is with the involvement of the court. If his home life is truly presenting a substantial danger to him, a child protective agency needs to be involved. The only way a non-relative could succeed in transferring custody is if they have... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Ohio on
Q: Can a permanent legal guardian adopt without parental consent in Ohio?

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?

Todd B. Kotler
Todd B. Kotler
answered on Sep 23, 2023

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

1 Answer | Asked in Family Law, Adoption and Probate for Ohio on
Q: Request Order to Ohio Vital Statistics to obtain Original Birth Certifcate.

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

Aaron Epling
Aaron Epling
answered on Sep 18, 2023

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

1 Answer | Asked in Adoption for Ohio on
Q: Would I be able to adopt my step child without having the biological parents consent?

If a biological parent has supervised visits 1 Saturday a month for 2 hours, 24 hours total in a year. They do not have any other contact with the child. Would that qualify as de minimus contact

T. Augustus Claus
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answered on Aug 21, 2023

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

2 Answers | Asked in Family Law, Adoption and Child Custody for Ohio on
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... View More

Nicholas P. Weiss
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answered on Aug 8, 2023

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...
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1 Answer | Asked in Adoption for Ohio on
Q: Can I adopt my grandson that I have had custody of for 3 years? The dad is in federal prison on drug charges.
Nicholas P. Weiss
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answered on Jan 13, 2023

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.

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: My sibling is 18 and pregnant, she has asked me to adopt the baby, what are the next steps.

We have talked and she knows that she’s not in the right place in life to raise a child and she’s asked me to adopt, just trying to figure out how to go about it.

Joseph Jaap
Joseph Jaap
answered on Nov 23, 2022

Adoption is done in probate court in your county. Check the court's web site for the adoption process, and use the Find a Lawyer tab to retain a local attorney who handles adoptions.

1 Answer | Asked in Consumer Law, Contracts, Family Law and Adoption for Ohio on
Q: We were told getting licensed to foster/adopt was free, but now we're being charged. Please see the details.

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

Todd B. Kotler
Todd B. Kotler
answered on Jul 28, 2023

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.

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: Can my cousin sign her baby over to me after birth?

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?

Joseph Jaap
Joseph Jaap
answered on Nov 21, 2022

Use the Find a Lawyer tab or contact the local bar association to find an attorney who handles adoptions, which are processed in the local probate court.

1 Answer | Asked in Family Law and Adoption for Ohio on
Q: I have a 10 year old son. On his birth certificate, only I appear as guardian (I'm his birth mother).

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

Nicholas P. Weiss
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answered on Jul 19, 2022

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

1 Answer | Asked in Family Law, Adoption and Child Custody for Ohio on
Q: If i have kinship care of a child for a longer period of time and then family steps forward requesting to adopt her.

Will i have any say or pull to adopt her? Can the guardian say she's bonded to us?

Raquel Ann Parish
Raquel Ann Parish
answered on Apr 26, 2022

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

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