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milleram85 · Jul 6, 2012, 09:08 PM

In Ohio how long do we have to be married? My fiancé and I have been together for five yrs. We started dating when my daughter was 6months old. Bio dad and I had only one time contact after conception and that was when I told him I was pregnant. I was young and I wanted nothing to do with him and he wanted nothing with me or baby. Which was fine. There is no father on birth cert. I never went after any.child support. I didn't want it. I just recently found out bio dad died in a car accident this past year. How difficult will it be for my fiancé to adopt my daughter? I'm most certain bio dads family doesn't even knowy.daughter exist. I'm OK with this. Not very good people.

I know I need to hire a lawyer and I'm most certain we have to be married. My concern is will they have to involve bio fam? I mean its been over five yrs and bio dad is no longer living.

smoothy · Jul 6, 2012, 09:14 PM

Originally Posted by milleram85

In ohio how long do we have to be married? my fiance and i have been together for five yrs. we started dating when my daughter was 6months old. bio dad and i had only one time contact after conception and that was when i told him i was pregnant. i was young and i wanted nothing to do with him and he wanted nothing with me or baby. which was fine. there is no father on birth cert. i never went after any.child support. i didnt want it. i just recently found out bio dad died in a car accident this past year. how difficult will it be for my fiance to adopt my daughter? I'm most certain bio dads family doesnt even knowy.daughter exist. I'm ok with this. not very good people.

i know i need to hire a lawyer and I'm most certain we have to be married. my concern is will they have to involve bio fam? i mean its been over five yrs and bio dad is no longer living.

Also helps to know where this is... most places want a minimum of a years marriage. But a few don't.

He can't adopt without the real father being named... and at least given the chance to allow it. Or put up a fight.

J_9 · Jul 6, 2012, 09:16 PM

Originally Posted by smoothy

Also helps to know where this is...

OP states she is in Ohio.

milleram85 · Jul 6, 2012, 09:28 PM

Originally Posted by smoothy

Also helps to know where this is....most places want a minimum of a years marriage. But a few don't.

He can't adopt without the real father being named....and at least given the chance to allow it. Or put up a fight.

I can name the bio father. Sure no problem. But what.does it matter if he is dead? He can't fight it.

J_9 · Jul 6, 2012, 09:34 PM

Is the bio father really dead? You might need to show a death certificate.

Fr_Chuck · Jul 6, 2012, 09:51 PM

In court yes you will have to
1. prove he was the bio dad , I assume he was listed on the birth certificate or was proven to be the bio dad by DNA test.

2. prove he is dead, present a copy of the death certificate in court

3. it helps to be married, if you are engaged that means you have a date set and plan on getting married, so just get married, ( is that a issue ?) it makes it easier.

And this is complicated and you need an attorney, So get married, and hire an attorney.

milleram85 · Jul 6, 2012, 09:51 PM

Yes. He is really dead. Wouldn't my lawyer be able to obtain that. I have no idea how do get that.

milleram85 · Jul 6, 2012, 09:56 PM

Originally Posted by Fr_Chuck

In court yes you will have to
1. prove he was the bio dad , I assume he was listed on the birth certificate or was proven to be the bio dad by DNA test.

2. prove he is dead, present a copy of the death certificate in court

3. it helps to be married, if you are engaged that means you have a date set and plan on getting married, so just get married, ( is that a issue ?) it makes it easier.

And this is complicated and you need an attorney, So get married, and hire an attorney.

Marriage date set for.this yr. no issue in getting married. No bio father is not listed on birth certificate nor was there a DNA test done. No issue with my lawyer. Death cert ill figure out how to get. My concern is are they going to involve his family

GV70 · Jul 6, 2012, 10:13 PM

3107.03 Who may adopt.

The following persons may adopt:

(A) A husband and wife together, at least one of whom is an adult;

(B) An unmarried adult;

(C) The unmarried minor parent of the person to be adopted;

(D) A married adult without the other spouse joining as a petitioner if any of the following apply:

(1) The other spouse is a parent of the person to be adopted and supports the adoption;

ScottGem · Jul 7, 2012, 07:49 AM

As GV pointed out OH law only requires that you be married, it doesn't stipulate a time.

However, you have complicated matters by not listing the father on the birth certificate. The court may require that the father be positively identified before approving the adoption. This means that you will need to obtain proof of paternity. Since the bio father is deceased, this means involving his family to get a DNA sample. If the father had been named, then the death certificate would have been enough.

So you need to discuss this with an attorney who knows the local courts and can advise you better than we can.