Adoption Archives - Ohio Family Law Blog

Blast From The Past: An Overview of Adoptions, Guardianship and Custody Actions in Ohio

PUBLISHERS UPDATE: Here is one of my favorites posts about Adoptions, Guardianship and Custody Actions from back on June 5th, 2021! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

Legal Advice is Essential, if contemplating Adoption, Custody or Guardianship Action

The Legal Caregiver Roles in Ohio: Adoption, Custody and Guardianship. Which Role is Right For Me?

It is fundamental to those contemplating a new role of a caregiver of a child to know the rights and restrictions of each of these proceedings in order to best be informed about the legal possibilities and implications.

It is critical to have a committed person/family step in and assume the role of care in the precarious situations children or others needing care are often left in. Being informed is priceless, but obtaining legal advice is essential. Which option or approach is best for your situation may turn on specific facts and the legal jurisdictional requirements. But, here is an overview of the options.

What are the options?

Adoption:

Adoption terminates the legal relationship once held between the biological parent and the child. Anyone looking … Read More... “Blast From The Past: An Overview of Adoptions, Guardianship and Custody Actions in Ohio”

Overview of Adoption in Ohio

Looking to adopt- a guide forward

Many hope to adopt and start down the path only to realize the process is much more time-consuming and confusing than they imagined. There are a couple of way to best prepare: seeking out both your state and county processes, becoming knowledgeable about the routes of adoption available, and the advice of a legal professional.

Anyone who hopes to adopt, regardless if it is domestically or internationally, must complete a six-month at-home study to determine suitability. The particular home study requirements vary due to county, but a majority include interviews, health and financial records, home visits, and adoption education.

Beyond initial studies, consent to adoption is also needed in many situations. Consent may be granted 72 hours after birth if the at-home assessment is complete, if it is not it can be given 72 hours after completion. If a child is over the age of 12, they must consent to the adoption as well. Consent becomes irrevocable, unless there is evidence of fraud or misrepresentation, either when the birth parents relinquish their rights to an agency or after the court has entered a final decree when an adoption is headed by an attorney.… Read More... “Overview of Adoption in Ohio”

An Overview of Adoptions, Guardianship and Custody Actions in Ohio

Legal Advice is Essential, if contemplating Adoption, Custody or Guardianship Action

The Legal Caregiver Roles in Ohio: Adoption, Custody and Guardianship. Which Role is Right For Me?

What are the options?

Adoption:

Adoption terminates the legal relationship once held between the biological parent and the child. Anyone looking to adopt must complete a home study to determine potential suitability which includes completing requirements such as: personal interviews, home visits, and adoption education.

Adoption hearings take place in the Probate Court in the county where the child resides, the person seeking adoption resides, or where the natural … Read More... “An Overview of Adoptions, Guardianship and Custody Actions in Ohio”

LEGAL ALERT: Can your failure to pay child support impact your right to withhold consent for the adoption of your child in Ohio?

Ohio Courts Rule On Adoption Case Involving Consent And Child Support

On February 26, 2020, the Ohio Supreme Court came out with the decision, In re Adoption of A.C.B., Slip Opinion No. 2020-Ohio-629, where the Court held a non-custodial parent’s consent to the adoption of his child is not required when the parent failed, without justifiable cause, to comply with the child support obligations of a judicial decree.

What happened in the case with child support?

A.C.B.’s parents’ settlement (separation) agreement awarded sole custody to A.C.B.’s mother and ordered the father to pay $85 per week in child support. After leaving the United States to return to Kosovo, the father made sporadic child-support payments that diminished over time.

Two years later, A.C.B.’s mother reached out to the father, asking for his consent for her new husband (“stepfather”) to adopt A.C.B., but the father refused. A couple years later, the stepfather filed a petition to adopt A.C.B., arguing that the father’s consent was not required because the father failed to provide support as required by the judicial decree for the year prior to adoption petition.

The probate court held a hearing where it determined that the father … Read More... “LEGAL ALERT: Can your failure to pay child support impact your right to withhold consent for the adoption of your child in Ohio?”

Grandparents Adopting Grandchildren: The Darlings Are in the Details

Can Grandparents Have Legal Adoption Rights Over Their Grandchildren?

Grandchildren Adoption Not Always Automatic. Grandparents Not Always First Choice; Best Interest Of The Child Is Also Considered!

Deciding to adopt a child into a family is a serious undertaking, one that hopefully will bring great happiness for many years. While adoption laws vary from state to state, the process is always a lengthy one, with the applicant needing to meet many detailed requirements before being qualified to adopt. Among them are:

Providing a thorough family and social history;
Being physically and mentally healthy;
Demonstrating financial stability;
Showing moral integrity, with no significant criminal background history;
Demonstrating other factors that the state or agency believe are relevant to the adoption.

At an increased pace, grandparents are petitioning courts to adopt their own grandchildren. This is occurring as result of the incarceration of one or both parents, substance abuse issues the parent(s) are dealing with, or as a consequence of domestic violence, etc. In fact, more than 2.6 million children are living with grandparents, relatives, or close family friends without either of their parents in the home.

Approximately 7.6 million children live in households headed by a grandparent or other … Read More... “Grandparents Adopting Grandchildren: The Darlings Are in the Details”

Adoption Records NOW Unsealed in Ohio!

All Adoption Records And Original Birth Certificates Available To Ohio Citizens

New Ohio Law Gives Adoptees Easier Access To Adoption Birth Records

UPDATE – March 20, 2015, is the first day that individuals adopted in Ohio between January 1, 1964, and September 18, 1996, can pay a $20 fee, and fill out a request form to get a copy of their original birth certificate and certificate of the adoption. Ohio now becomes the twelfth state to provide ALL of their adopted citizens access to their adoption records. This will affect up to 400,000 people who have previously been denied access to their Ohio birth records.

To learn more about this process, view this comprehensive 8 minute video from the Ohio Vital Statistics.

To obtain the request form go to: www.odh.ohio.gov/vs

Here is the backstory from my article from May 10, 2014, posted on the Ohio Family Law Blog.

Adoptees Can Access Original Birth Certificate Says New Ohio Law

adoption ohio birth A new law in Ohio will unseal records for about 400,000 Ohio adult adoptees. This law, Senate Bill 23, was signed by Gov. John Kasich on December 19th. This new law will unseal records and allow these adoptees to find … Read More... “Adoption Records NOW Unsealed in Ohio!”

Putative Father Registry: Should One Be Established Nationally?

National Putative Father Registry Database Could Benefit Father And The Child

This article intends to highlight the rationale for creating a National Putative Father Registry, instead of just allowing each state to independently promulgate their own registry.

What is a Paternity Registry?

A Paternity or Putative Father Registry is a database established to protect children and their mother by allowing putative fathers to list their names. This, in turn, will require that the putative father is notified regarding his legal rights to the child and if any of those rights are in the process of being removed. This also protects unmarried mothers by not forcing them to identify the names of the possible fathers. There are thirty states that currently have paternity registries (Ohio is included in this group). A previous article posted on the Ohio Family Law Blog discussing the Ohio Putative Father Database can be found here.

What’s the point of a Paternity Registry?

Paternity registries have numerous uses. The first and often most beneficial use of the paternity registry is to notify and prevent putative fathers from having their parental rights removed without notice. By being listed in the State where the adoption proceedings are … Read More... “Putative Father Registry: Should One Be Established Nationally?”

Page 1 of 2

1 2

« Previous