In re Adoption of C.M.F.
2013 Ohio 4719
Ohio Ct. App.2013Background
- Father (appellant) is the biological parent of two children; parents never married; step-father (petitioner) married mother in 2009 and filed to adopt the children on November 21, 2012.
- Father was arrested in late December 2011 and incarcerated for failing to register as a sex offender; he earned minimal prison pay (~$20/month) and received about $300 from his mother while incarcerated.
- Butler County Child Support Agency (BCCSA) records show the last child support payment from father was November 15, 2011; no support was paid from that date through the filing of the adoption petition.
- BCCSA issued an administrative reduction of the father’s support obligation in September 2012 and a wage deduction order for the Ohio Department of Corrections, but no substantive support was collected during the contested period.
- Petitioner alleged father’s consent to the adoption was unnecessary under R.C. 3107.07(A) because father failed without justifiable cause to provide required support for the year preceding the petition; probate court found father’s consent not required and father appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether father’s consent to adoption was unnecessary because he failed to provide support for the year before the petition | Petitioner: BCCSA records show no support from Nov 15, 2011–Nov 21, 2012; therefore consent not required under R.C. 3107.07(A) | Father: incarceration and administrative reduction/wage deduction order gave justifiable cause; grandmother’s support should count as maintenance attributable to him | Court held petitioner proved failure to pay for the year; father failed to show justifiable cause — consent not required |
Key Cases Cited
- Santosky v. Kramer, 455 U.S. 745 (U.S. 1982) (parental rights are fundamental and adoption terminates those rights)
- In re M.B., 131 Ohio St.3d 186 (Ohio 2012) (burden on petitioner to prove failure to support and that failure was without justifiable cause)
- In re Masa, 23 Ohio St.3d 163 (Ohio 1986) (trial court determination on justifiable cause reviewed for manifest weight)
- In re Bovett, 33 Ohio St.3d 102 (Ohio 1987) (once petitioner establishes failure, burden shifts to parent to show facially justifiable cause)
- Dallas v. Dotson, 113 Ohio App.3d 484 (Ohio Ct. App.) (incarceration is not per se justifiable cause for failure to pay support)