When do biological parents lose their rights in Ohio?
A Parent asks, My husband and I are custodial parents to his 7 year old daughter. Her mother sees her every two weeks and 3 weeks total in the summer, and at our discresion sometimes more. She is not the best parent around, but nothing she does legally can constitute us taking full custody. Although, she does not pay a penny to us in child support (currently she is ordered to pay $50/month, like I said “dead beat”). She pays us nothing towards the child’s health care, nothing toward school fees. She may have purchased some clothes or toys for her to keep at her house but otherwise NOTHING. In Ohio, I’ve seen the laws say after a year of no child support, a step parent can adopt and override any bio parents. Is this true? Anyone with similiar experiences? Please don’t leave me advice on contacting a lawyer, obviously I would, I’m just looking for amatuer advice now. Thanks!
OK PAY ATTENTION, she is not ABUSING the child. But is not making the best decisions, she sees her regularly but DOES NOT pay a dime towards any kind of support. (Danny145 you didn’t read correctly apparently)
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Whoever told you that is absolutely correct.
I am not a lawyer in Ohio, but with a simple google search, I found your answer.
You may petition the court without the parents consent.
Enjoy your new child.
She would have to relinquish her parental rights in order for you to adopt the child. The child isn’t a dog that you can feed for a month and then be able to claim it.
They will not just take her rights away. You would have to petition the courts and show she has had no contact with the child for a few years or is abusing the child in some way
Visitation and child support are too completely different subjects. If a parent does not pay child support, they are still legally entitled to visitation. A parent does not have to buy an admission ticket (child support) to see the child. She’s racking up arrears, and your husband can get the prosecutor’s officer to go after her for those arrears.
Since she is seeing the child, there is no abandonment, therefore the child’s father cannot use the lack of child support to seek termination of parental rights..
Oh, and one other thing: she does not owe YOU any child support. You are not a party to this action at all since you are a legal stranger to the child, even if she is living with you and the father. If you go to Court and say “She does not pay a penny to US in child support,” the judge is going to put you in your place very quickly.
I know you are there day in and day out for the child. That’s great, and I’m glad she has you in her life, but she already has a mother who sees her on a regular basis.
I went through a situation with my 4 year old son that involved his biological father NEVER seeing him, contacting me regarding him, or paying support. I dropped the support order in exchange for him signing a paper giving up his parental rights and giving my then boyfriend (now husband) permission to adopt should we ever marry. My husband has raised my son with me since he was 6 months old and when we married, we petitioned the court to let my husband adopt him. I STILL had to track the biological father down and have him sign and notarize (sp?) yet ANOTHER paper allowing my husband to adopt and relinquishing his rights. My whole point is that no matter what the circumstances are regarding visitation or child support, Ohio courts still need the biological parent’s consent in custodial matters.
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