In re Adoption of R.M.C.T.
2017 Ohio 5800
| Ohio Ct. App. | 2017Background
- Child R.M.C.T. born June 12, 2015; biological father is appellee T.B.; mother left the child with appellants K.S.-T and R.A.-T in November 2015.
- Appellants filed to adopt the child on August 23, 2016; mother consented, father objected.
- Father was incarcerated for portions of 2015–2016, then obtained employment in June 2016 and filed a pro se parentage/parenting-time complaint on August 5, 2016.
- Appellants cared for the child without financial support from father and contend father failed to provide maintenance/support or meaningful contact for the one-year statutory period prior to the adoption petition.
- At the adoption hearing, father testified he attempted contact after release but was blocked by appellants; trial court found father had justifiable cause for nonpayment and noncontact and dismissed the adoption petition.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether father's written consent was excused under R.C. 3107.07(A) for failure to provide support/contact for the one-year period | Appellants: father's undisputed failure to provide support or contact for the year before the petition equals abandonment; consent not required | Father: incarceration and lack of income explain nonpayment; after release he sought contact and filed for parenting time and support — justifiable cause for nonpayment/noncontact | Court: Held consent was required; appellee had justifiable cause (incarceration and impeded contact) and petitioners failed to prove by clear and convincing evidence abandonment/non-support |
Key Cases Cited
- Stanley v. Illinois, 405 U.S. 645 (recognition of fundamental parental liberty interest)
- In re Adoption of M.B., 131 Ohio St.3d 186 (standard that probate court’s finding on justifiable cause will not be disturbed unless against manifest weight)
- In re Adoption of Holcomb, 18 Ohio St.3d 361 (burden on petitioner and appellate standard for clear and convincing evidence)
- In re Adoption of Bovett, 33 Ohio St.3d 107 (probate court discretion in assessing support/contact under R.C. 3107.07)
- In re: Estate of Haynes, 25 Ohio St.3d 101 (definition of clear and convincing evidence)