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    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #21

    Jun 9, 2011, 01:23 PM

    Another thing on the picture is that there is "Legal procedure" and no one is allowed to go around it.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #22

    Jun 9, 2011, 01:32 PM

    Let me explain you the law in Ohio:


    Chapter 3111: PARENTAGE

    3111.02 Establishing parent and child relationship.

    (A) The parent and child relationship between a child and the child's natural mother may be established by proof of her having given birth to the child or pursuant to sections 3111.01 to 3111.18 or 3111.20 to 3111.85 of the Revised Code. The parent and child relationship between a child and the natural father of the child may be established by an acknowledgment of paternity as provided in sections 3111.20 to 3111.35 of the Revised Code, and pursuant to sections 3111.01 to 3111.18 or 3111.38 to 3111.54 of the Revised Code. The parent and child relationship between a child and the adoptive parent of the child may be established by proof of adoption or pursuant to Chapter 3107. Of the Revised Code.


    3111.04 Standing to bring paternity action.


    (A) An action to determine the existence or nonexistence of the father and child relationship may be brought by the child or the child's personal representative, the child's mother or her personal representative, a man alleged or alleging himself to be the child's father, the child support enforcement agency of the county in which the child resides if the child's mother, father, or alleged father is a recipient of public assistance or of services under Title IV-D of the “Social Security Act,” 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the alleged father's personal representative.

    (B) An agreement does not bar an action under this section.

    3111.05 Statute of limitations.

    An action to determine the existence or nonexistence of the father and child relationship may not be brought later than five years after the child reaches the age of eighteen. Neither section 3111.04 of the Revised Code nor this section extends the time within which a right of inheritance or a right to a succession may be asserted beyond the time provided by Chapter 2105. 2107. 2113. 2117. or 2123. Of the Revised Code.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #23

    Jun 9, 2011, 01:38 PM

    According to the law the BF can assert his rights until the child reaches 23.
    Quote Originally Posted by BrandyM View Post
    the baby daddy wont even talk to me and sits there and says he is ganna take me to court to prove me as an unfit mom if i try and get him for child support .
    Smoke on the water!
    kcomissiong's Avatar
    kcomissiong Posts: 1,166, Reputation: 276
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    #24

    Jun 9, 2011, 01:48 PM
    So you having sex with a minor was okay, but him doing so is suddenly an issue for you? You didn't know these things about him when you has sex with him? A judge will ask you those things should you try to pursue sols custody or to stop visitation if he should try to seek it. YOUR BOYFRIEND CANNOT ADOPT. End of story. As I, and many other posters have said, your husband could adopt with permission from the father. Quite frankly, neither of you sound like you have the maturity to be parents.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #25

    Jun 9, 2011, 01:55 PM

    The problem is that you got an answer to your question but you refused to accept it. You have to understand that in these cases both the mother and father have rights. And you have to deal with that fact.
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    Synnen Posts: 7,927, Reputation: 2443
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    #26

    Jun 9, 2011, 01:59 PM

    So... when you get married and make a LEGAL commitment to your boyfriend, you MIGHT have a chance.

    But again--why would a COURT say your boyfriend is okay to have a LIFELONG commitment to your child if YOU won't make a lifelong commitment to your boyfriend? GET MARRIED.

    Second--you can't take parental rights away from someone just because you don't like them, or they won't pay support, or you want to forget that YOU were willing to have sex with someone that you now want to spit on. It doesn't work that way.

    What you need to do is this:

    1. Get a lawyer
    2. Go to court and establish paternity, custody, and child support.
    3. Get married.
    4. Ask your ex to relinquish his rights so your HUSBAND can adopt.
    5. If he says no, you can remind him that child support stops at the time of adoption.
    6. If he still refuses, you are out of luck. You can't FORCE him to relinquish unless you can PROVE his is a danger to the child
    7. If he agrees, you file adoption paperwork and go to court to have the ex's rights relinquished and your husband's adoption of your child finalized.

    Somewhere in there, you should also go back to school so that you can learn how to spell words like "you" and "are" and "before". Otherwise you run the risk of looking like an idiot.

    PS--what kind of person are YOU, really, if you know he is molesting a minor and you haven't called the police? Doesn't say much about YOUR character, either, lady.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #27

    Jun 9, 2011, 03:47 PM
    Quote Originally Posted by Synnen View Post
    ...
    6. If he still refuses, you are out of luck. You can't FORCE him to relinquish unless you can PROVE his is a danger to the child
    ...
    Not quite accurate, in Ohio or a number of states. The father doesn't have to be a threat to the child. His consent can be dispensed with if he simply hasn't been there for the child:

    "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.

    (B) The putative father of a minor if either of the following applies:

    (1) The putative father fails to register as the minor's putative father with the putative father registry established under section 3107.062 of the Revised Code not later than thirty days after the minor's birth;

    (2) The court finds, after proper service of notice and hearing, that any of the following are the case:

    (a) The putative father is not the father of the minor;

    (b) The putative father has willfully abandoned or failed to care for and support the minor;

    (c) The putative father has willfully abandoned the mother of the minor during her pregnancy and up to the time of her surrender of the minor, or the minor's placement in the home of the petitioner, whichever occurs first.

    (C) Except as provided in section 3107.071 of the Revised Code, a parent who has entered into a voluntary permanent custody surrender agreement under division (B) of section 5103.15 of the Revised Code;
    ..." Lawriter - ORC - Chapter 3107: ADOPTION

    And I find it interesting that if he isn't on the Putative Father Resistry, it's even easier than I thought.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #28

    Jun 9, 2011, 03:58 PM
    Quote Originally Posted by AK lawyer View Post
    Not quite accurate, in Ohio or a number of states. The father doesn't have to be a threat to the child. His consent can be dispensed with if he simply hasn't been there for the child:
    ...............
    And I find it interesting that if he isn't on the Putative Father Resistry, it's even easier than I thought.
    I disagree.
    1. The court will not terminate his rights only because he has never registered in PFR and keep in mind she is unmarried 19 yo.
    The goal of TPR is adoption and I cannot see how a step-parent adoption may be applied in this case.
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    AK lawyer Posts: 12,592, Reputation: 977
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    #29

    Jun 9, 2011, 04:03 PM
    Quote Originally Posted by GV70 View Post
    I disagree.
    1. The court will not terminate his rights only because he has never registered in PFR. ...
    As a part of the adoption process, he would have no rights to be terminated. His consent is not required:
    "3107.01:
    ...
    (H) “Putative father” means a man, including one under age eighteen, who may be a child's father and to whom all of the following apply:

    (1) He is not married to the child's mother at the time of the child's conception or birth;

    (2) He has not adopted the child;

    (3) He has not been determined, prior to the date a petition to adopt the child is filed, to have a parent and child relationship with the child by a court proceeding pursuant to sections 3111.01 to 3111.18 of the Revised Code, a court proceeding in another state, an administrative agency proceeding pursuant to sections 3111.38 to 3111.54 of the Revised Code, or an administrative agency proceeding in another state;

    (4) He has not acknowledged paternity of the child pursuant to sections 3111.21 to 3111.35 of the Revised Code."

    Quote Originally Posted by BrandyM View Post
    i live in ohio and the dad is not payin child support or on the certificate
    Of course BrandyM has not told us if paragraphs (3) or (4) of Subsection (H) apply, but I suspect that they may not.


    Quote Originally Posted by GV70 View Post
    ... The goal of TPR is adoption and I cannot see how a step-parent adoption may be applied in this case.
    Of course she would have to become a married 20-something, but assuming that were to happen, a step-parent adoption can occur.
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    #30

    Jun 9, 2011, 04:09 PM
    Quote Originally Posted by BrandyM View Post
    what is a support order?
    You really asked that? You complain that the father doesn't pay support but have you ever done anything to compel him to pay? Child support is ordered by a court. When parents split (or never get together) they generally go to court to establish custody and support. The court then orders custody, visitation and support.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #31

    Jun 9, 2011, 04:30 PM
    Quote Originally Posted by AK lawyer View Post

    Of course she would have to become a married 20-something, but assuming that were to happen, a step-parent adoption can occur.
    Oooops... I did not read " I am going to get married...";)I read
    Quote Originally Posted by BrandyM View Post
    how can my boyfriend adopt my baby?
    Another thing is that the BF may assert his rights at any time without being registered until adoption process is commenced..
    Even one of the States Supreme Court said that "As stated, the Putative Father Registry does not stand alone;a man must first satisfy the requirements set forth in the Putative Father Registry provisions of the Adoption Act in order to initiate an action to establish a parent-child relationship under the Parentage Act where no adoption is pending or contemplated—is contrary to the stated legislative purpose of both the Parentage Act and the Putative Father Registry provisions, to the plain language of the statutes, and to the sound social policy set forth in each enactment.... if we were to take those arguments to their logical conclusion—no biological father could ever bring a petition to establish a father-child relationship if he failed to register with the Putative Father Registry within 30 days of the child's birth. "
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    #32

    Jun 9, 2011, 06:20 PM
    First off Synnen I no how to spell and I don't no if he is having sex with her. I do not talk to him and he won't talk to me even if I try to talk to him about the baby. And for the record he is 18 not younger then 18. And I'm 19 going to be 20 in oct
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    ma0641 Posts: 15,675, Reputation: 1012
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    #33

    Jun 9, 2011, 06:34 PM
    Praise God you "no" how to spell. "Than" not "then" you. BrandyM you have a long life ahead of you, but the way things are starting in your young life, the road will be long and difficult. I wish you well.
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    #34

    Jun 9, 2011, 06:55 PM
    Quote Originally Posted by BrandyM View Post
    first off Synnen i no how to spell ...
    Sur u du. En eur preetendin thet yew dount, rit?

    Hadd mi fuled!
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    #35

    Jun 10, 2011, 03:20 AM
    Quote Originally Posted by BrandyM View Post
    first off Synnen i no how to spell
    If you do KNOW how to spell, yet continue to misspell words, I can only assume you are using text speak. This is not IMing or texting or chat. Using text speak is not allowed here. We type in full words and sentences.
    Synnen's Avatar
    Synnen Posts: 7,927, Reputation: 2443
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    #36

    Jun 10, 2011, 07:39 AM
    Quote Originally Posted by BrandyM View Post
    first off Synnen i no how to spell and i dont no if he is havin sex with her. i do not talk to him and he wont talk to me even if i try to talk to him bout the baby. and for the record he is 18 not younger then 18. and im 19 goin to be 20 in oct
    Yew dew? Eye m srprzd, because you shur didn't sho mi you could.
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    Synnen Posts: 7,927, Reputation: 2443
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    #37

    Jun 10, 2011, 07:42 AM

    PS--if you're 19 now, and you've got a baby that's at LEAST a couple months old, he was 17 when you had sex with him.

    That's underage, sweetie.

    Maybe his mommy will press charges against you for statutory rape?

    Either way, please stop being such a witch about it. If you want your boyfriend to adopt, I told you several posts ago what you need to do to have it happen. Sorry that you don't like the law that protects YOUR parental rights as well, but that's how life is.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #38

    Jun 10, 2011, 08:07 AM
    Quote Originally Posted by Synnen View Post
    PS--if you're 19 now, and you've got a baby that's at LEAST a couple months old, he was 17 when you had sex with him.

    That's underage, sweetie.

    Maybe his mommy will press charges against you for statutory rape?...
    Huh? I believe the age of consent in Ohio is 16.
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    JudyKayTee Posts: 46,503, Reputation: 4600
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    #39

    Jun 10, 2011, 09:22 AM
    Quote Originally Posted by BrandyM View Post
    first off Synnen i no how to spell and i dont no if he is havin sex with her. i do not talk to him and he wont talk to me even if i try to talk to him bout the baby. and for the record he is 18 not younger then 18. and im 19 goin to be 20 in oct

    Just reading through this - I wonder less about spelling and more about the ability to read and comprehend what has been explained to you.

    That's about all I "no" on the subject -

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