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    blondiepie's Avatar
    blondiepie Posts: 2, Reputation: 1
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    #1

    Nov 18, 2013, 05:50 PM
    Abandonment Law for Ohio
    I currently live in Bulter County, Ohio. I have a three year old son with a man that left in the middle of the night to Arizona back in June 2013 - that day ended child support to come in and his interest in my son - he has not attempted to contact our three year old since. In the state of Ohio is this considered (with enough proof) abandonment? And can I get his parental rights waived?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 18, 2013, 05:52 PM
    Probably not. He is not using his rights so what good does terminating them do. Generally, claiming abandonment is used as grounds for something else. What is it you really want?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Nov 19, 2013, 05:41 AM
    You can, and should file in court for custody, this is not enough to get any rights taken away, but he is not around to even ask for rights
    blondiepie's Avatar
    blondiepie Posts: 2, Reputation: 1
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    #4

    Nov 19, 2013, 04:44 PM
    I lost a friend to a car crash about a year ago and she had two children with two different fathers that were not in their lives. The youngest son's father waived his rights for the child to be with the parents of my friend, but the father of the oldest daughter lived out of state and was not involved in her life but the courts decided to ship the daughter to the father and have him have the custody and separated the children. I am worried if something as tragic of me losing my life were to happen, what would the options be for my son? I want to make sure he stays here with both sides of the family and not shipped off to his father who is not in his life currently - both sides of the family are in his life except the father and the father's side of the family has disowned him. I want to know if a will is good enough or just anything to go through to the courts to insure I had the full custody and the right to chose where my son goes if something were to happen to me.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Nov 19, 2013, 05:31 PM
    OK, now I understand. Unfortunately, I don't have good news for you. The youngest son's father waived custody, not his rights. Unless the grandparents actually adopted him. But in your case, you aren't going to get the father's rights terminated. And a will is not binding. Children are not property that can be willed.

    You can express your preference in a will, but if the father decided to claim custody, he would probably get it.

    I would strongly suggest you consult an attorney to see what is possible. In your area.
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