Losing parental rights?

[jksully7]

What is the name of your state? Ohio
I've called multiple lawyers in Stark and Summit Counties to get information on my husband adopting my son from a previous relationship and i need more information because these attorneys are giving me different advice. They've told me that my ex can lose his parental rights in the state of OH "if" he has no contact with the child for one year. Child support is considered contact, so i'm told. The father never pays his support, but at the end of the year i receive his tax offsets from claiming his other illegitamate kids. He is a stay at home dad with his other kids. He does not work. My question is ....."if I end my support order and receive no support for the calendar year that it takes for him to legally lose his parental rights, will he still lose those rights since I ended the order voluntarilly?" Will i be able to file for this step parent adoption without his consent at that time, and how do i get proof of the no contact for court without using an attorney? is that possible? do i file a motion in court for no consent needed due to lack of rights? please help me, not one of the attorneys told me the same thing, i'm so confused and i really want to pursue this as soon as i have the information i need.What is the name of your state?

 

[GrowUp!]

What is the name of your state? Ohio
I've called multiple lawyers in Stark and Summit Counties to get information on my husband adopting my son from a previous relationship and i need more information because these attorneys are giving me different advice. They've told me that my ex can lose his parental rights in the state of OH "if" he has no contact with the child for one year. Child support is considered contact, so i'm told. The father never pays his support, but at the end of the year i receive his tax offsets from claiming his other illegitamate kids. He is a stay at home dad with his other kids. He does not work. My question is ....."if I end my support order and receive no support for the calendar year that it takes for him to legally lose his parental rights, will he still lose those rights since I ended the order voluntarilly?" Will i be able to file for this step parent adoption without his consent at that time, and how do i get proof of the no contact for court without using an attorney? is that possible? do i file a motion in court for no consent needed due to lack of rights? please help me, not one of the attorneys told me the same thing, i'm so confused and i really want to pursue this as soon as i have the information i need.What is the name of your state?

Umm...you can't claim children that are not yours, so if he's claiming them, they are not illegitimate. Refill those bitter pills.

If YOU terminate a support order, then you are voluntarily doing that, therefore a legal order for support would no longer exist and he would be under NO legal obligation to pay you a penny. Your plan on that idea would backfire.

You can not file anything in court to have his parental rights terminated without his consent. If you need to ask how to get proof...

Standby...someone with legal expertise in the area you speak of MIGHT be around to contribute.

 

[LdiJ]

Umm...you can't claim children that are not yours, so if he's claiming them, they are not illegitimate. Refill those bitter pills.

If YOU terminate a support order, then you are voluntarily doing that, therefore a legal order for support would no longer exist and he would be under NO legal obligation to pay you a penny. Your plan on that idea would backfire.

You can not file anything in court to have his parental rights terminated without his consent. If you need to ask how to get proof...

Standby...someone with legal expertise in the area you speak of MIGHT be around to contribute.

The bolded part is incorrect if someone meets the criteria for abandonment. Apparently this case does not, but the way that you wrote that makes it sounds as though consent is needed always.....and that isn't the case.

 

[Ohiogal]

Umm...you can't claim children that are not yours, so if he's claiming them, they are not illegitimate. Refill those bitter pills.

If YOU terminate a support order, then you are voluntarily doing that, therefore a legal order for support would no longer exist and he would be under NO legal obligation to pay you a penny. Your plan on that idea would backfire.

You can not file anything in court to have his parental rights terminated without his consent. If you need to ask how to get proof...

Standby...someone with legal expertise in the area you speak of MIGHT be around to contribute.

Dang.. should I answer? And am I the one you refer to?

 

[Ohiogal]

Okay any of those lawyers you contact cite specific cases? Out of stark county you really need to read: Gorski v. Myer, 2005-Ohio-2604
In re Adoption of Holcomb (1985), 18 Ohio St.3d 361

Regardless of anything, your child's father can contest the adoption. He would need to be notified because the court will not terminate his parental rights without him being properly served.
One thing to consider:
Significant interference by a custodial parent with communication between the non-custodial parent and the child, or significant discouragement of such communication, is required to establish justifiable cause for the non-custodial parent's failure to communicate with the child. The question of whether justifiable cause exists in a particular case is a factual determination for the probate court and will not be disturbed upon appeal unless such determination is unsupported by clear and convincing evidence.

Your cancellation of the support order could be construed as significant interference. That is from In Re Adoption of Holcomb which is still good case law.
also:
The party petitioning for adoption has the burden of proving, by clear and convincing evidence, that the parent failed to communicate with the child during the requisite one-year period and that there was no justifiable cause for the failure of communication

Which means you would have the burden of proving it.

Stark county has also had a case in which $5.25 paid twice in two months was enough to be considered minimal contact. See Askew v. Taylor, 2004-Ohio-5504.

Also see In re Adoption of Bovett (1987), 33 Ohio St.3d 102.

the answer is not clear cut. It is very fact specific and no lawyer is going to be able to guarantee you a result.

 

[GrowUp!]

The bolded part is incorrect if someone meets the criteria for abandonment. Apparently this case does not, but the way that you wrote that makes it sounds as though consent is needed always.....and that isn't the case.

I am well aware of what you stated, but I was giving an answer in HER case.

 

[GrowUp!]

Dang.. should I answer? And am I the one you refer to?

I didn't want to mention anyone by name...and create the possiblity of your PM box be flooded.