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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 
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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
Will i have any say or pull to adopt her? Can the guardian say she's bonded to us?
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
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
answered on Apr 19, 2022
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
The Minor is a newborn
answered on Apr 13, 2022
You cannot obtain custody of a friend's child by notarizing some form. You will need to go to court to seek custody. You should be working with an attorney.
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answered on Mar 21, 2022
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
answered on Mar 14, 2022
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
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answered on Mar 9, 2022
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
answered on Mar 7, 2022
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
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answered on Feb 21, 2022
Three hours per year would likely constitute de minimus contact and their consent would not be required to proceed with the adoption.
N/a
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answered on Feb 12, 2022
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
We need to be able to put them in school and take them to the doctors. Would we need power of attorney? Or something else? What steps do we need to take?
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answered on Dec 31, 2021
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.
Without his consent. He hasn’t been in her life at all hardly since she was born he has made threats and death threats to my family , his daughter and I
answered on May 17, 2021
You and you boyfriend must get married before adoption is allowed.
answered on May 11, 2021
She can call the cops sure. But that's not kidnapping. However, you risk being adjudicated unruly or delinquent, and if your grandmother helps you, she could be charged with an offense called interference with custody. In other words, your mother has a legal right to custody and if you just up... View More
But i cant prove she is abusive. Ever since she got custody of me at i think the age of 3, there has never been any love and its always been basically hell. When i was younger i was constantly grounded and had to stand up with my nose pressed against a fridge for days or months on end. Because of... View More
answered on May 10, 2021
Never trust people you meet on-line - even though they seem nice. Those kinds of things end up as tragedies on the news -- or else somebody disappears and is never heard from again. Talk to a teacher, school counselor, or other trusted adult about the situation at home and the people you met on... View More
How would my partner go about establishing custody or be able to get custody papers? It isn't something we've encountered until this year. Any suggestions would be appreciated.
answered on May 7, 2021
You can check with the putative father registry. You can find information here:
https://jfs.ohio.gov/pfr/
Best of luck.
would like to provide a long term and safe environment for them. What formal agreements or legal status can we be granted for this situation?
Her mother’s home is not safe for her or her child. Emancipation is not an option in Ohio. Her mother would be willing to “sign off” on some... View More
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answered on Mar 20, 2021
You have three options so long as the biological mother is willing to sign-off.
1) Adoption. You can adopt the daughter, which would permanently cut off the biological mother from future parenting.
2) Guardianship. You could assert yourself as a guardian over the child in probate... View More
My daughter is 5 years old, she has no father on her birth certificate and no dna has been established. He hasn't supported her or bothered to be apart of her life. My boyfriend wants to adopt her he's been in her life since she was a year and half and we have two kids together. Can he... View More
answered on Mar 14, 2021
You have to be married for your boyfriend to adopt her. You still have to notify father of the adoption, but may not need his permission. You should discuss this with a local attorney.
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... View More
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.
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... View More
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... View More
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answered on Jan 4, 2021
Yes.
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