Advertisements
My daughter is 2 and a half years old. She hasnt seen her biological father in over a year. He never bothered to come around. However he was paying child support until February of this year. I have remarried and my husband wants to adopt her. I have no idea where her biological father is he may possibly have returned to Mexico. I know he wouldnt sign his rights away. So how long since he has had no contact or payed child support is it considered abandonment so I can get his rights without consent so my husband may adopt her
Like
Share
Consent to Adoption To better understand this issue and to view it across States, see the Consent to Adoption on childwelfare site. Who Must Consent to an AdoptionCitation: 3107.06[list][*]The mother[*]The father:[list][*]If the child was conceived or born while he was married to the mother[*]If he is the adoptive father[*]If he has established paternity[/list][*]The putative father[*]Any agency or person having permanent custody[*]The court having jurisdiction to determine custody[/list]Age When Consent of Adoptee is Considered or RequiredCitation: ǧ 3107.06A child 12 years of age or older must consent, unless the court finds that it is in the child's best interest to waive When Parental Consent is not NeededCitation: 3107.07[list][*]The parent has failed to contact or provide for the child for 1 year.[*]The putative father has failed to register with the putative father registry within 30 days of the childǒs birth.[*]The putative father is not the actual father or has abandoned the child before or after birth.[*]The parent has relinquished rights or has had parental rights terminated.[*]The father or putative father is convicted of a rape that results in the conception of the child.[*]A guardian or custodian withholds consent unreasonably.[*]A parent or guardian is in a foreign country and child has been released for adoption pursuant to laws in that country.[/list]When Consent Can Be ExecutedCitation: 3107.08(A)Consent cannot be executed until at least 72 hours after the child's birth. How Consent Must Be ExecutedCitation: ǧ 3107.08Consent must be executed in the following manner: [list][*]If by the adopted person, in the presence of the court[*]If by an agency, before an authorized person[*]If by another person, before the court or an authorized person[*]If by a court, by an appropriate order[/list]Revocation of ConsentCitation: 3107.084A consent is irrevocable except if consent is withdrawn prior to the: [list][*]Entry of the interlocutory order[*]Entry of the final decree, when no other order has been entered, after a hearing that finds withdrawal is in the best interest of the adopted person[/list]From the Child Welfare Information Gateway
Last update on November 10, 9:09 am by Sachin Gupta.
Advertisements
Thank you very much - I have been looking everywhere for this information. In this information it stated has no contact or financial support for a year. So if he was paying child support up until this year but has had no contact with her in over a year - can I get his rights now or do I have to wait for a year from when the child support stopped also.
Imartine14, I live in Ohio and in 1999 I adopted my 2 daughter in a step parent adoption. They require 1 year of no contact and child support both. If they father even shows on a phone bill where he has tried to call that counts as contact. If you have any questions please feel free to contact me. It took 6 months for it to go though but it was worth it.
Advertisements