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Support/no visitation still adopt?

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care716

Junior Member
What is the name of your state?Ohio
If a birth father pays child support but has had no contact in 6 years(child is 7) can you still get a step-parent adoption. Birth father MAY consent and child wants this(due to childs age I'm not sure if court would take childs wishes into consideration), but if Birth father refuses what are the options. Step-Parent has been part of childs life for 3+ years but only recently married. Birth father lives in same county and was given visitation but exercised it only 3 times in first year then refused any contact (Birth father was given Step Visitation Schedule with his parents as supervisers but did not complete- 3 visitations were 2 hours long each). No contact written or otherwise in last 6 years. Mother has made sure new addresses and such were provided via certified mail but Birth father even refused these. No contact with Fathers extended family either.
 


djohnson

Senior Member
Sorry but child support is considered contact. I he doesn't use visitation it may hurt him, but you can't say no contact and claim abandonment. The judge will do what he feels is in the best interest of the child. I don't see how a step parent adoption here would be in the best interest. It doesn't stop SP from having a close relationship. The BF isn't a factor and you are getting the support.
 

mom2J

Member
I did a quick search and Ohio is one of the states that is an "OR" state, not an "AND" state. I didn't find how long the parents must be married before filing, so you'll have to check on that one.

When Parental Consent is not Needed
Statute: § 3107.07

The parent has failed to contact or provide for the child for 1 year.
 

crystaly

Member
Yes you have a case. If the father will give up his rights then you can adopt. Even if the father does not give up his rights you can file for termination of his rights because of the "no contact". Just because a parent is paying CS does not meen that you can not adopt. I know in my state (California) we need to be married for at least a year before trying to adopt. Look up that law.
 

care716

Junior Member
Thank you

Thank you very much for your replies. I will check on marriage requirements. As for reasoning how it is in best interest, The c.s is rarely up to date, but I feel its more important that a father be involved physically. My husband is and has been, I also have concern with what could happen if something happened to me. The thought that my daughter could end up living with someone she doesn't know simply because he is named as her father and has paid c.s. scares me. My daughter knows about her birth father I have been honest with her in terms she can understand, she would like my husband to be her father and carry his name. I am aware that she is too young in this state(and in general) for her wishes to carry much weight. But it does carry weight with me.
 

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