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adoption of a relative in Ohio

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slnb

Junior Member
Ohio

In 2012 our nephew was placed with us by Children's services. By the end of the year we were granted custody and children services was no longer involved in the case. His father has never been in the picture and would have no problem terminating his rights. His mother is a heroin addict and has had no contact with him since a phone call in march of 2012 and last saw him in a supervised visit at Franklin County Children's services in December 2011, she has made no contact and we have no idea where she is, it is rumored she may be in Las Vegas but we are not sure. He is now 11 soon to be 12 and has lived with us most of his life. Prior to children services placing him with us he had lived with us twice, once during her incarceration and again because she called us and begged us to come get him so her boyfriend wouldn't kill him.

Now we have been talking about adoption as he has mentioned wanting it a few times in the past year. Is it possible to adopt him while we don't know where the mother is?
 


adjusterjack

Senior Member
Yes it's possible, even likely.

Ohio statute 2151.011(C) "a child shall be presumed abandoned when the parents of the child have failed to visit or maintain contact with the child for more than ninety days, regardless of whether the parents resume contact with the child after a period of ninety days."

Seems clear that you should be able to document abandonment by the mother and since the father is willing to consent, or may also be deemed to have abandoned his child, you probably have a good chance of success.

You would be wise to talk to a few attorneys and find out the cost of hiring one for this. Might be easy in theory but an attorney would know how to get it done right. It's not a DIY project and you don't want to mess it up because you missed a technicality.
 

Ohiogal

Queen Bee
Yes it's possible, even likely.

Ohio statute 2151.011(C) "a child shall be presumed abandoned when the parents of the child have failed to visit or maintain contact with the child for more than ninety days, regardless of whether the parents resume contact with the child after a period of ninety days."

Seems clear that you should be able to document abandonment by the mother and since the father is willing to consent, or may also be deemed to have abandoned his child, you probably have a good chance of success.

You would be wise to talk to a few attorneys and find out the cost of hiring one for this. Might be easy in theory but an attorney would know how to get it done right. It's not a DIY project and you don't want to mess it up because you missed a technicality.
WRong statute...

Look at:

3107.06. Consent to adoption

Unless consent is not required under section 3107.07 of the Revised Code, a petition to adopt a minor may be granted only if written consent to the adoption has been executed by all of the following:
(A)
The mother of the minor;
(B)
The father of the minor, if any of the following apply:
(1)
The minor was conceived or born while the father was married to the mother;
(2)
The minor is his child by adoption;
(3)
Prior to the date the petition was filed, it was determined by a court proceeding pursuant to sections 3111.01 to 3111.18 of the Revised Code, a court proceeding in another state, an administrative proceeding pursuant to sections 3111.38 to 3111.54 of the Revised Code, or an administrative proceeding in another state that he has a parent and child relationship with the minor;
(4)
He acknowledged paternity of the child and that acknowledgment has become final pursuant to section 2151.232, 3111.25, or 3111.821 of the Revised Code.
(C)
The putative father of the minor;
(D)
Any person or agency having permanent custody of the minor or authorized by court order to consent;
(E)
The minor, if more than twelve years of age, unless the court, finding that it is in the best interest of the minor, determines that the minor's consent is not required.
And this one:

§ 3107.07. Consent unnecessary

Consent to adoption is not required of any of the following:
(A)
A parent of a minor, when it is alleged in the adoption petition and the court, after proper service of notice and hearing, finds by clear and convincing evidence that the parent has failed without justifiable cause to provide more than de minimis contact with the minor or to provide for the maintenance and support of the minor as required by law or judicial decree for a period of at least one year immediately preceding either the filing of the adoption petition or the placement of the minor in the home of the petitioner.
(B)
The putative father of a minor if either of the following applies:
(1)
The putative father fails to register as the minor's putative father with the putative father registry established under section 3107.062 of the Revised Code not later than fifteen days after the minor's birth;
(2)
The court finds, after proper service of notice and hearing, that any of the following are the case:
(a)
The putative father is not the father of the minor;
(b)
The putative father has willfully abandoned or failed to care for and support the minor;
(c)
The putative father has willfully abandoned the mother of the minor during her pregnancy and up to the time of her surrender of the minor, or the minor's placement in the home of the petitioner, whichever occurs first.
(C)
Except as provided in section 3107.071 of the Revised Code, a parent who has entered into a voluntary permanent custody surrender agreement under division (B) of section 5103.15 of the Revised Code;
(D)
A parent whose parental rights have been terminated by order of a juvenile court under Chapter 2151. of the Revised Code;
(E)
A parent who is married to the petitioner and supports the adoption;
(F)
The father, putative father, or mother, of a minor if the minor is conceived as the result of the commission of rape or sexual battery by the father , putative father, or mother and the father , putative father, or mother is convicted of or pleads guilty to the commission of that offense. As used in this division, "rape" means a violation of section 2907.02 of the Revised Code or a similar law of another state and "sexual battery" means a violation of section 2907.03 of the Revised Code or a similar law of another state.
(G)
A legal guardian or guardian ad litem of a parent judicially declared incompetent in a separate court proceeding who has failed to respond in writing to a request for consent, for a period of thirty days, or who, after examination of the written reasons for withholding consent, is found by the court to be withholding consent unreasonably;
(H)
Any legal guardian or lawful custodian of the person to be adopted, other than a parent, who has failed to respond in writing to a request for consent, for a period of thirty days, or who, after examination of the written reasons for withholding consent, is found by the court to be withholding consent unreasonably;
(I)
The spouse of the person to be adopted, if the failure of the spouse to consent to the adoption is found by the court to be by reason of prolonged unexplained absence, unavailability, incapacity, or circumstances that make it impossible or unreasonably difficult to obtain the consent or refusal of the spouse;
(J)
Any parent, legal guardian, or other lawful custodian in a foreign country, if the person to be adopted has been released for adoption pursuant to the laws of the country in which the person resides and the release of such person is in a form that satisfies the requirements of the immigration and naturalization service of the United States department of justice for purposes of immigration to the United States pursuant to section 101(b)(1)(F) of the "Immigration and Nationality Act," 75 Stat. 650 (1961), 8 U.S.C. 1101 (b)(1)(F), as amended or reenacted.
(K)
Except as provided in divisions (G) and (H) of this section, a juvenile court, agency, or person given notice of the petition pursuant to division (A)(1) of section 3107.11 of the Revised Code that fails to file an objection to the petition within fourteen days after proof is filed pursuant to division (B) of that section that the notice was given;
(L)
Any guardian, custodian, or other party who has temporary custody of the child.
Cite as R.C. § 3107.07
 

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