How can you adopt your step child if the father won't sign off his rights? My xhusband won't sign off his rights to our daughter he doesn't see her call her nothing he does email me every so many months but doesn't ask about her he is in an out of jail all the time and he is using very hard drugs and he also moved out of state I'm married now to a wonderful man who takes care of my daughter he wants to adopt her how can we and where is the best place to go? We live in Ohio! Please help me with this my daughter has wanted a dad her whole life and now she has the perfect one and she so badly wants his last name she is 8 and a wonderful child thank u >>>>>>>>>>>>>>krystal

The father's consent can be dispensed with under the following section:

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3107.07 Consent unnecessary.
Consent to adoption is not required of any of the following:

(A) A parent of a minor, when it is alleged in the adoption petition and the court , after proper service of notice and hearing, finds by clear and convincing evidence that the parent has failed without justifiable cause to provide more than de minimis contact with the minor or to provide for the maintenance and support of the minor as required by law or judicial decree for a period of at least one year immediately preceding either the filing of the adoption petition or the placement of the minor in the home of the petitioner.
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Lawriter - ORC - Chapter 3107: ADOPTION

How long has it been since he paid child support?

If its just about the name then you can also go to court and get it changed. If he is in her life that's really all that should matter at this point. Gather all the evidence you can and keep building your case until such a time it's a slam dunk.

First being a father is more than a piece of paper and a name.
What he does, his being there for the child is what is more important

I know here in Georgia, merely not paying support and not visiting is not enough to take the rights away, but long term prison time can be.

Soif you want to fight this you hire an attorney and try to go though with the adoption. You may win or you may not, but to fight it out in court is your only option at this point

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Originally Posted by AK lawyer

The father's consent can be dispensed with under the following section:



Lawriter - ORC - Chapter 3107: ADOPTION

How long has it been since he paid child support?

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He pays a little bit at a time every so many months his last payment was a few weeks ago

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Originally Posted by califdadof3

If its just about the name then you can also go to court and get it changed. If he is in her life thats really all that should matter at this point. Gather all the evidence you can and keep building your case until such a time its a slam dunk.

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He's into drugs and in and out of jail all the time and he goes years with out seeing her and paying anything and the last two summers he did pay some money he's about to go to prison for 17 months he lives in another state and doesn't want to sign over his rights but doesn't call or anything today he did Facebook me and asked if she could call his dad and talk to him he is staying with him till he goes back to prison its not fair to her she wants my husband to be her dad he's here raising her and supporting her and his family is so great when I left her dad its as if his family left us they don't call write or even see her and they have all the info to do so

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Originally Posted by krystalweber

he pays a lil bit at a time every so many months his last payment was a few weeks ago

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In that case, the only way you could adopt without his consent is if the judge were to find, by "clear and convincing evidence" that the biological father "has failed without justifiable cause to provide more than de minimis contact with the minor... ".

"Clear and convincing evidence" is a very difficult burden of proof.

"De minimus" means very slight and insignifcant.

Quote:

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Originally Posted by AK lawyer

The father's consent can be dispensed with under the following section:



Lawriter - ORC - Chapter 3107: ADOPTION

How long has it been since he paid child support?

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So he said he would sign over all his rights so do I need a lawyer to do that or is there a paper I can get from the court house an have him sign it?

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Originally Posted by krystalweber

so he said he would sign over all his rights so do i need a lawyer to do that or is there a paper i can get from the court house an have him sign it?

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You need a lawyer because he can't just sign over his rights. You going to need the proof lined up so the courts accept it to get it to stick. It will have to be in the child's best interest.

There is no real fill in the blank forms, the signing over the rights for adoption is part of the adoption paper work and does not take effect till the adoption happens ( it is basically a package deal)

So your attorney will work up the paper work for him to sign
** if I understood you correct in that he said now he will sign