In re Adoption of J.F.M., 2016 Ohio 4823

Father and Mother divorced in 2002; both later remarried. Mother's husband (stepfather) petitioned to adopt the minor children, including J.F.M.
In 2014 the parties entered an agreed entry relieving Father of child-support obligations and expressly providing that Father would have no parenting time and no contact with Mother, the minor children, Mother's husband, or their other children. Father testified he requested and voluntarily signed the "no contact" provision.
Father made no meaningful contact with J.F.M. for over one year before stepfather filed the adoption petition in April 2015.
Probate court held a hearing and found by clear and convincing evidence that Father had failed, without justifiable cause, to provide more than de minimis contact for at least one year, so Father’s consent was not required under R.C. 3107.07(A).
Father appealed, arguing the agreed "no contact" order constituted justifiable cause for his lack of contact and therefore his consent was required.

Issue	Father's Argument	Stepfather's Argument	Held
Whether Father's consent to adoption was unnecessary under R.C. 3107.07(A) because Father failed to provide > de minimis contact for one year without justifiable cause	The 2014 agreed entry forbidding contact justified Father's lack of communication, so his failure was with justifiable cause	Father voluntarily agreed to the no-contact term and never sought modification; therefore his failure to communicate was unjustified and met the statute	Court held Father's consent was unnecessary under R.C. 3107.07(A); Father’s failure to communicate was without justifiable cause

In re Adoption of Holcomb, 18 Ohio St.3d 361 (Ohio 1985) (burden on petitioner to prove by clear and convincing evidence both failure to communicate/support and lack of justifiable cause)
In re Adoption of M.B., 131 Ohio St.3d 186 (Ohio 2012) (clarifies burdens and standards for statutory exception to parental-consent requirement in adoption)