Step parent adoption

[rbeem127]

What is the name of your state (only U.S. law)? Ohio

I'm a step dad to 3 wonderful girls. They are 11, 9, & 8 and are wanting me to adopt them. I married their mother almost 8 years ago. Their bio dad hasn't been in their life much at all. He hasn't seen them in almost 2 years. He has called them about 20 times within a year, but they don't wanna talk to him because they don't know him.

Would I have any legal standing for a step parent adoption?

 

[LdiJ]

What is the name of your state (only U.S. law)? Ohio

I'm a step dad to 3 wonderful girls. They are 11, 9, & 8 and are wanting me to adopt them. I married their mother almost 8 years ago. Their bio dad hasn't been in their life much at all. He hasn't seen them in almost 2 years. He has called them about 20 times within a year, but they don't wanna talk to him because they don't know him.

Would I have any legal standing for a step parent adoption?

Is he paying child support? Basically, in order for a stepparent to have a shot at a stepparent adoption you either need the consent of both biological parents or you have to be able to involuntarily terminate the rights of the absent parent. Generally contact, even fairly minimal, between the children and the absent parent makes it impossible to involuntarily terminate parental rights. The payment of child support contributes towards "contact" as well as the phone calls.

You could certainly get a consult with a local adoption attorney to see what he or she says about your particular set of facts.

 

[single317dad]

What is the name of your state (only U.S. law)? Ohio

I'm a step dad to 3 wonderful girls. They are 11, 9, & 8 and are wanting me to adopt them. I married their mother almost 8 years ago. Their bio dad hasn't been in their life much at all. He hasn't seen them in almost 2 years. He has called them about 20 times within a year, but they don't wanna talk to him because they don't know him.

Would I have any legal standing for a step parent adoption?

If this guy has called 20 times in the last year, he's not going to agree to an adoption. What gives? Why hasn't he seen the kids when he calls so regularly?

It's Mom's job as custodial parent to facilitate the relationship between the children and their father. That means encouraging contact. The fact that "they don't want to talk to him" should be overridden by Mom's encouragement.

 

[rbeem127]

singled, you consider 20 calls to be regular? Lol!! The mother has encouraged the kids to at least say hi and bye just as the judge advised her to do, so that's what they do. It's the dad's responsibility to have the relationship with his kids, he's an adult. His last phone call was in March. I have no clue why he hasn't seen them in almost two years. At one point he went almost a year without seeing the youngest, and when he did, he saw her for a total of about 20 minutes.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Ohio

I'm a step dad to 3 wonderful girls. They are 11, 9, & 8 and are wanting me to adopt them. I married their mother almost 8 years ago. Their bio dad hasn't been in their life much at all. He hasn't seen them in almost 2 years. He has called them about 20 times within a year, but they don't wanna talk to him because they don't know him.

Would I have any legal standing for a step parent adoption?

BIO DAD? He is their father. What is the longest period of time he has gone without attempting to contact his children? Is there a child support order? Is there a visitation order?

 

[Ohiogal]

singled, you consider 20 calls to be regular? Lol!! The mother has encouraged the kids to at least say hi and bye just as the judge advised her to do, so that's what they do. It's the dad's responsibility to have the relationship with his kids, he's an adult. His last phone call was in March. I have no clue why he hasn't seen them in almost two years. At one point he went almost a year without seeing the youngest, and when he did, he saw her for a total of about 20 minutes.

WRONG. Ohio law states that it is the custodial parent's JOB/responsibility to facilitate a relationship. How has she done that? Almost a year? Yeah, you would need father's permission for a stepparent adoption. And you have no clue? Did mom move after they broke up? Does dad work across country? Do the children call you dad? Do the children have pictures of their father in the house?

 

[rbeem127]

WRONG!! My wife does what the judge had said to do. Child support is a non issue here since law state's it's either more than de minimis contact or child support. I have asked a simple question and wanna be lawyers like to tear people up. Nvm obviously I know the law better than yall do.

 

[LdiJ]

WRONG!! My wife does what the judge had said to do. Child support is a non issue here since law state's it's either more than de minimis contact or child support. I have asked a simple question and wanna be lawyers like to tear people up. Nvm obviously I know the law better than yall do.

The person you just insulted is not ONLY an attorney in Ohio, but she is also a Guardian ad Litem...you know...one of those people who might help a judge evaluate whether or not to allow a stepparent adoption to happen? You really need to have some idea of who you are speaking to before you act all uppity.

 

[Ohiogal]

WRONG!! My wife does what the judge had said to do. Child support is a non issue here since law state's it's either more than de minimis contact or child support. I have asked a simple question and wanna be lawyers like to tear people up. Nvm obviously I know the law better than yall do.

If child support has NOT been ordered, then it doesn't matter. And dad is attempting contact. YOU really need to learn the law. The Supreme Court of Ohio states that I know it. Where are you licensed?

Thanks, Ld by the way!

 

[Ohiogal]

Oh and posting history is interesting. Since in other threads Rbeem had an ex husband. Name sharing not appropriate rbeem. Other highlights:

This thread from June of this year:

What is the name of your state (only U.S. law)? Ohio
I'm not sure if this is the right place to ask this question. If not, my apologies. My ex husband was found in contempt of court this past January for keeping the kids longer than his scheduled visitations. This was the second time he's done this. The court ordered him to do ten days in jail, but could purge the jail time if he paid $500 in my attorney's fee's and court costs. A payment plan was set up for him paying $100 a month. He has now stopped paying after one payment. I really won't wanna hire the attorney again for this if I dont' have to. Can I call the court and have a warrant issued, or do I have to reopen the case and file another contempt charge? Thank you!

Also from 2012:

What is the name of your state (only U.S. law)?Ohio

Sorry, but my long post didn't post. Anyway, my 12 yr. old son is lying to his dad (my ex) so he can go live with him. My son told his dad that my husband & I are beating the 2 youngest children with a bed post with a knob on it. I have 4 children. I'm the custodial parent. My son admitted that he is lying to try and get us in trouble just so he can live with his dad. His dad abused him when he was younger, but said that I'm lying about that. His dad denies the abuse ever happened, even though we have court documentation of him admitting to it with witnesses. My friend who is a juvenile probation officer thinks I should call CPS and let them know whats going before the dad calls them, if he does. The dad has before and nothing came of it. His dad has been telling him for the past 2 years that my son is going to come live with him. The dad even filed in court to take the kids away, but then dropped the case 2 days before court. Should I call CPS?

And:

What is the name of your state (only U.S. law)? I live in Ohio, but my bio mom lives in Michigan. I have 4 children by my ex. I have been remarried for 5 years. My bio mother is trying to get grandparents rights to my 4 children. She gave up her rights to me when I was a teenager, and another couple took me in, but didn't adopt me. Their have been 7 children molested under the care of my bio mom, including me & my son. I don't have a relationship with her, and haven't for years. Besides, the children do get to see her while on visitations with my ex, of which I don't approve. Does my bio mom have any standing to get visitations? Thank you!!

The ages of my children are 12, 9, 7, & 5.

And also in that thread from 2012:

My bio moms parental rights were terminated when I was 14. I have sole custody of my kids. The ex has visitation rights once a month, but only takes them 3-4 times a year. He also lives in Michigan, but jurisdiction is in Ohio where I live. My sister & I were molested. My bio mom remarried & 5 more children were molested, including my son. The ex does allow the kids to be with her at times against my wishes. Thank for everyone's advice.

Oh and the rest of the history makes it even more interesting. I think mom is alienating the children from dad. Stepparent adoption won't work. And stepdad claiming ignorance? I think he is lying.

 

[single317dad]

Given that history, the claims of "hasn't seen children in two years" and "kept kids too long" 9 months ago seem to conflict.

 

[Ohiogal]

Given that history, the claims of "hasn't seen children in two years" and "kept kids too long" 9 months ago seem to conflict.

It is interesting that mom claims four kids with the ex but OP says he only has three stepkids he is looking at adopting. Wonder if the son is living with dad? Also wonder if he only wants to adopt the girls because he and mom have only been successful in alienating them from dad and not the son.