In re L.C.W.
2015 Ohio 61
Ohio Ct. App.2015Background
- Father (B.J.A.) is the biological father of L.C.W., born 2003; he lives in Paris and worked as an international marketing director.
- Mother (J.D.W.) and Father never married; Mother later married petitioner Step‑Father (C.A.W.), who filed to adopt the child on Feb 14, 2013.
- Father had agreed to pay $500/month beginning in 2005 but thereafter made intermittent lump‑sum wire transfers; last payment was €3,000 on Nov 28, 2011 to Mother’s Fifth Third account.
- Mother closed that Fifth Third account in Dec 2012; a joint Emery Federal Credit Union account remained open but Father did not use it after Nov 2011.
- Probate court found Father failed, without justifiable cause, to provide support during the one‑year period before the adoption petition and therefore his consent was unnecessary under R.C. 3107.07(A).
- Father appealed, arguing the court erred in finding lack of justifiable cause for nonpayment; the appellate court affirmed.
Issues
| Issue | Father’s Argument | Step‑Father’s Argument | Held |
|---|---|---|---|
| Whether Father’s consent to adoption was unnecessary under R.C. 3107.07(A) because he failed to support the child for the one‑year statutory period without justifiable cause | Father: He stopped payments after Nov 2011 because Mother closed her account in Dec 2012 and failed to provide a new account number; he lacked the information to send payments | Step‑Father: Father made no support payments during the relevant year, offered implausible explanations, and had other means (joint account, mail) to pay, so failure was without justifiable cause | Court: Affirmed — clear and convincing evidence showed Father failed to support the child for the statutory year without justifiable cause, so consent was unnecessary |
Key Cases Cited
- In re Adoption of M.B., 131 Ohio St.3d 186 (Ohio 2012) (petitioner bears burden by clear and convincing evidence to prove failure to support and lack of justifiable cause)
- In re Adoption of Bovett, 33 Ohio St.3d 102 (Ohio 1987) (burden of proof remains with the petitioner even after shifting burden of production)
- In re Adoption of Holcomb, 18 Ohio St.3d 361 (Ohio 1985) (trial court best positioned to judge witness credibility)
- In re Adoption of Reams, 52 Ohio App.3d 52 (Ohio App.) (adoption terminates parental rights; consent required unless statutory exemption applies)
- Rogers v. Hill, 124 Ohio App.3d 468 (Ohio App.) (trial court may believe all, part, or none of any witness’s testimony)