can't find correct info

[penny4u]

What is the name of your state?OH

Can anyone tell me if they know for sure if there is a length of marriage requirement for a step-parent adoption in Ohio? I've been told both yes and no by different attorneys. I haven't been able to find anything that says there is or isn't even on my county website for step-parent adoptions, but I'm not sure if that means I should assume that there is not a length of marriage requirement.

Thanks to any help.

 

[BelizeBreeze]

You have been given conflicting opinions because the question has nothing to do with Ohio law.

Stepparent adoption in Ohio falls under the purview of the Probate court and the following two statutes prevail:

§ 3107.03. Who may adopt.
The following persons may adopt:

(A) A husband and wife together, at least one of whom is an adult;
(B) An unmarried adult;
(C) The unmarried minor parent of the person to be adopted;
(D) A married adult without the other spouse joining as a petitioner if any of the following apply:
(1) The other spouse is a parent of the person to be adopted and supports the adoption;
(2) The petitioner and the other spouse are separated under section 3103.06 or 3105.17 of the Revised Code;
(3) The failure of the other spouse to join in the petition or to support 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 either the support or refusal of the other spouse.


[§ 3107.05.1] § 3107.051. Time for filing petition.

(A) Except as provided in division (B) of this section, a person seeking to adopt a minor, or the agency or attorney arranging the adoption, shall submit a petition for the minor's adoption no later than ninety days after the date the minor is placed in the person's home. Failure to file a petition within the time provided by this division does not affect a court's jurisdiction to hear the petition and is not grounds for denying the petition.

(B) This section does not apply if any of the following apply:
(1) The person seeking to adopt the minor is the minor's stepparent;
(2) The minor was not originally placed in the person's home with the purpose of the person adopting the minor;
(3) The minor is a "child with special needs," as defined by the director of job and family services in accordance with section 5153.163 [5153.16.3] of the Revised Code.


The ONLY mention of a timeframe is in the immediately preceeding statutes which gives a time for filing of the petition for adoption.

There is no mention of the length of a marriage or even that a marriage is required for adoption and, pursuant to
§ 3107.06 Of the ORS, the bio-father is not, under certain circumstances, even required to be allowed an objection.

THIS is probably what you were being advised of, that support and/or contact must not have occurred in any way for 1 year prior to the filing of the petition.

 

[tigger22472]

Penny, If I'm not mistaken you have been together for quite a few years already correct? In Indiana we were told through 'people' we had to be married one year and that's what we waited for but were never asked that by our attorney. I remember the welfare lady doing the homestudy questioned things but the fact we'd been together for 4 years made more of an impact then how long we were married.

Sorry I don't have the accurate answer for you just a little input.

 

[penny4u]

Thanks for the information, bio dad is considering allowing it, if his mother can still see my child. However a letter that was sent between the two lawyers said that could not file until we were married for a year.

Do you know if stipulations like that (grandmother's visitation) be put in the adpotion paperwork, or does she have to file afterwards for visitation?


Thanks!

 

[penny4u]

Yes, we are pushing 8 years of being together. I was hoping myself that that would be considered as well.

 

[tigger22472]

Um.. I"m not sure that provision can be made in there and you really want to watch 'giving' legal visitation. You can allow her to see the child whenever you would want.. if she files and is granted legal visitation it puts on restricts... personally I wouldn't do that.

In my step-parent adoption case we still have contact with the bio aunt on a regular basis. I realize it's not the same relation but in the same respect it's still from the bio-father's family.

When will you be married for one year and who's attorney told you that you had to wait on year?

You mean he's SERIOUSLY considering the adoption? Am I going to have to give him an ATTA BOY?!!

 

[penny4u]

Don't give him that just yet! He originally said no. But said he would be willing to back off if I let my son see his mother again. Now, since my attorney filed for many, many monitary expenses to be paid by him, he's changing his tune. I don't have a huge problem with the grandmother seeing him, just a little problem. She went over a year not even seeing him, then when this all started in November she calls and sends things every week. I let my son see her right after Christmas (even in the middle of all of this) When we got the custody complaint my son blames her for not making msdad stop it. So there is huge anger there. He's working on it with the psychologist, and no one tells him it is her who is the driving force. (it is, we found out for sure) But my son sees her as msdad's mother and should be able to stop it and is not. She has no clue that he feels this way, and refuses to speak to me about it.

We will be married a year at the end of Oct. But I'd rather "solve" this all now, before our next court date at the end of July

 

[tigger22472]

Well, you definately aren't going to have the adoption finalized by then and that's even if the marriage thing wasn't an issue.

Personally I would e-mail or write a letter to the mother (send it certified if regular mail) and explain the situation to her. I would tell her that your son is very upset over all of this with msdad and that although you know it's not her fault (no need to let her know you know differently) this is his feelings and you not only personally are trying to convince him differently but so is his counselor. Let her know that you have no problem with her having a constructive relationship with your son.

 

[tigger22472]

Penny,
I tried to IM you but it wouldn't allow me. If you set it up, please IM me concerning this.

 

[penny4u]

I tried. I was very civil through in the whole letter. I was trying to be understanding to "her side". My lawyer read it and said no, not to send it.

I'm wondering if I should have my mother call her. Legally speaking neither one of them is involved right? My mother would be very civil to her but still explain what is going on with my son. They got a long years ago, and never had angry words between eachother. I wonder how good of an option that would be?

The whole thing is silly isn't it? No one seems to be able to sit and talk. Its so frustrating, because I consider myself a reasonable person, and would be able to even talk civil to msdad. At this point they are impossible, and now being a grown adult I'm considering "having my mommy call his mommy" Its just unnessessary and completely NUTS!

 

[penny4u]

How do I set it up?

 

[tigger22472]

just e-mail me at [email protected]

 

[penny4u]

I think I set it up but I'll email you now.