In re Adoption of B.A.A.
2017 Ohio 8137
| Ohio Ct. App. | 2017Background
- Child B.A.A. born 2011; Father (Dylan M.) never married to Mother (Trisha A.).
- After relationship ended, Father was convicted of criminal trespass for showing up at the maternal grandparents’ home in Jan. 2013.
- Mother obtained a five-year civil stalking protection order (ex parte then agreed to by Father at a magistrate hearing) that prohibited Father from contacting Mother and the child; Father was unrepresented and not advised of long-term parental-rights consequences.
- Father complied with the protection order and had no contact with the child for the one-year period preceding the adoption petition; he later moved to modify the order to seek visitation.
- Stepfather filed to adopt the child and alleged Father’s consent was not required under R.C. 3107.07(A) because Father had failed, without justifiable cause, to communicate with or support the child for at least one year; at hearing Stepfather withdrew the nonsupport allegation and stipulated Father had no contact.
- Trial court held the protection order did not constitute justifiable cause and excused Father’s consent; the appellate court reversed, finding the order did constitute justifiable cause under the undisputed facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Father’s consent to adoption was excused under R.C. 3107.07(A) because he "failed without justifiable cause" to have > de minimis contact with the child for one year | Stepfather: Protection order did not constitute justifiable cause; Father’s lack of contact therefore satisfies statutory exception | Father: Civil stalking protection order legally prohibited contact and thus was justifiable cause for lack of communication | Court held Father’s lack of contact was justified by the protection order; Father’s consent was required and trial-court judgment excusing it was reversed |
Key Cases Cited
- In re Adoption of Bovett, 33 Ohio St.3d 102 (definition of justifiable-cause as fact-intensive inquiry)
- In re Adoption of Masa, 23 Ohio St.3d 163 (justifiable cause includes consideration of parent’s ability to fulfill obligations; exceptions to consent strictly construed)
- In re Adoption of Holcomb, 18 Ohio St.3d 361 (interference or discouragement by custodial parent can establish justifiable cause)
- In re Adoption of M.B., 131 Ohio St.3d 186 (statutory construction of adoption-consent exceptions reviewed by higher courts)