Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Ohio - Child abandoment and parental rights

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Ohio - Child abandoment and parental rights

    Let me explain the situation

    4 1/2 years ago I had a daughter at the time despite the fact throughout the pregnancy he pushed me to get an abortion her father signed the birth certificate.

    Shortly after her birth her father began to become abusive to me, in August of 2007 he nearly killed me, I had called the cops but the cop refused to file charges saying I was being "hysterical" despite broken blood vessels in both eyes and on the surface of my face from him choking me and bruises and scratches from him pushing me around.

    I left him that night and I have not returned since, I also filed an official complaint against the officer.

    He did see his child for a short time after I left, but when I filed for child support through the state he told me to find our daughter another father. This was July of 2008, he has not had any contact with his child since that time. I received some child support payments because the state of Ohio garnishes wages for support but those stopped in May of 2009 and I have not received a payment since, he is roughly 7,000 behind in child support payments.

    I recently had to go in for surgery, though minor, it is always a risk. At that time we began to worry if something should happen to me what would happen to my child. If I were to become unable to care of her the next logical decision would be to send her to her father by the states mind and I feel that would be very detrimental to my child's well being.

    At this current time she has a happy healthy relationship with my family, as well as most of his(she sees his mother and their extended family on a regular basis) as well as a good relationship with her half brother(with whom he also does not see or provide support for)

    At this point in time I would like to terminate his parental rights. He has not seen his child in over a year and she is young enough for her not to remember him. I fear for my child should she ever be put in his custody(there are several cases against him with children's protective services because of his son)

    Is it possible to do this? The Ohio state law says termination of parental rights in the case of abandonment but it does not state what the requirements for abandonment are. I would like to have this done and over with soon. I feel that everyone would be more at ease if this no longer was held over our heads (btw I make 40,000 a year at my current employer, as it stands I don't need the support money nor am I at risk of going on welfare)

  • #2
    Support is for the child, not for the parent.

    I hate to say this, but since it has already had some court action, you need an attorney to advise you. Every jurisdiction is different, as is every judge. What has happened before has bearing on what can be done. "Soon" is never an option when it comes to court cases.

    Consider making your parents the "next of kin."

    Comment


    • #3
      Unfortunately, without someone to step into the father role, specifically a spouse who wants to adopt the child, the chances a court will terminate his rights are nil. You might very well make a good living now, and not require his support, however, there are NO guarantees in life.

      You do have grounds for a court to determine abandonment. In Ohio abandonment is 90 days without contact/support. It doesn't matter if support and contact resume after the 90 days, once abandoned, always abandoned.

      You really should contact an attorney to handle this. If you can get the court to declare abandonment, should anything happen to you, his chances of receiving custody greatly diminish. Since you were not married to him, after an adjudication of abandonment, you could have your parents assigned as legal guardians of the child in the event of catastrophic illness, such as permanent vegetative state or traumatic injury (therefore unable to care for your child), or death. You cannot "Will" custody of a child to someone, but you CAN make your preference known, especially in a case where the father is adjudicated to have abandoned the child.

      I can't say this enough; You Have To Hire An Attorney To Handle Something Like This.
      Don't listen to a word I say because ya know I've gotta be crazy to be a Brown's fan.

      Comment

      The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
      Working...
      X