In re Adoption of A.L.R., 2019 Ohio 4320

Dylan Jones is the biological father of A.L.R.; John and Lorraine Riha petitioned to adopt the child.
The Rihas alleged Jones failed to provide maintenance and support for the one-year period immediately before the adoption petition; Jones admitted nonpayment.
Jones argued he had "justifiable cause" because there was no court-ordered child support and the Rihas never requested support.
The probate court found Jones had failed to provide support for the statutory year and therefore his consent was not required under R.C. 3107.07(A).
This appeal turns on whether a natural parent’s general duty to support a child (absent a support order) precludes a finding of justifiable cause for nonpayment.
The Eleventh District relied on the Ohio Supreme Court’s decision in In re Adoption of B.I. to conclude a parent has a statutory duty to support under R.C. 3103.03 even without a support order.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a natural parent's consent to adoption can be excused under R.C. 3107.07(A) for failure to provide maintenance/support for one year when no child-support order exists and custodians did not request support	Jones: absence of a judicial support order and no request from the custodians = justifiable cause for nonpayment	Rihas: parent owes a general duty to support under R.C. 3103.03; failing to provide support for one year satisfies R.C. 3107.07(A)	Court: Consent not required; no justifiable cause. Parent’s general duty to support applies even without a support order (per In re Adoption of B.I.)

In re Adoption of B.I., 131 N.E.3d 28 (Ohio 2019) (holds that R.C. 3103.03 imposes a general parental duty to support children absent a judicial child-support order and interprets the "by law or judicial decree" language in R.C. 3107.07(A))
In re Dissolution of Marriage of Lazor, 572 N.E.2d 66 (Ohio 1991) (recognizes parental duty to support minor children under R.C. 3103.03 regardless of parents' marital status)