In re Adoption of J.L.M-L.
2017 Ohio 61
Ohio Ct. App.2017Background
- Sean W. Beck is the biological father of child J.L.M.-L.; he was incarcerated in federal prison and projected for release in 2021.
- Michael Leary filed a private petition to adopt the child on October 27, 2015; Beck objected on November 16, 2015.
- Probate court heard whether Beck’s consent was required (March 7, 2016) and, later, a best-interests hearing under R.C. 3107.161 (May 27, 2016); Beck participated by telephone through counsel.
- On May 5, 2016 the probate court ruled Beck’s consent was not required under R.C. 3107.07; final decree of adoption and name change issued May 31, 2016.
- Beck appealed; his brief failed to comply with several App.R. requirements and the appellate court distilled two assignments of error from it.
- Appellant asserted (1) ineffective assistance of trial counsel during the adoption proceedings and (2) the trial court failed properly to consider statutory adoption factors.
Issues
| Issue | Plaintiff's Argument (Beck) | Defendant's Argument (Leary) | Held |
|---|---|---|---|
| Whether Beck was entitled to claim ineffective assistance of counsel in a private adoption | Beck argued counsel provided ineffective assistance during adoption proceedings | Leary argued no established right to appointed counsel in private adoptions; ineffective-assistance doctrine not extended here | Court refused to recognize ineffective-assistance claim in private adoption context and declined to reach the argument |
| Whether the probate court failed to properly consider statutory factors for adoption | Beck argued the court did not properly consider relevant adoption factors and relied on improper documentary materials | Leary argued the record supports the probate court's findings and Beck failed to provide transcript or record to show error | Court affirmed: absent the trial transcript/necessary record, appellate court presumes regularity and that the trial court applied the law correctly |
Key Cases Cited
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (1980) (appellate courts will presume trial court proceedings were regular when necessary portions of the record are omitted)