In re P.L.B.
2019 Ohio 1056
Ohio Ct. App.2019Background
- Stepfather petitioned to adopt nearly three-year-old child about four months after marrying the mother; petition alleged father’s consent unnecessary under R.C. 3107.07 for failure to communicate, support, and failure to register as putative father during the prior year.
- Mother testified father saw the child a few times in the year before the petition and that she requested financial help for diapers, babysitting, and a medical bill which she said father did not provide.
- Father testified he made repeated efforts to arrange visitation (texts and attempts), provided some diapers, clothes, and toys, sought child-support assistance from the county agency, and attempted to pay a medical bill but was told he could not until an account was established. Mother allegedly refused visitation and payments. Father refused to relinquish rights when asked.
- Trial court found father had more than de minimis contact and attempted additional contact, and that mother frustrated visitation and receipt of support; court concluded any failures were with justifiable cause and dismissed adoption petition.
- Appellants (mother and stepfather) appealed, arguing the trial court’s justifiable-cause findings were against the manifest weight of the evidence and that father’s consent was not required because he did not file a written objection to the adoption petition. Court of Appeals affirmed.
Issues
| Issue | Appellants' Argument | Appellee's Argument | Held |
|---|---|---|---|
| Whether father failed without justifiable cause to have more than de minimis contact for the one-year period under R.C. 3107.07(A) | Father had only a few visits and his requests were made at inconvenient times or same-day; mother permissibly denied them | Father actively sought visits (texts, attempts) but mother frustrated and discouraged contact | Court: Affirmed—record supports conclusion mother significantly interfered; father had justifiable cause for any limited contact |
| Whether father failed without justifiable cause to provide maintenance/support for one year under R.C. 3107.07(A) | Father provided no meaningful financial support and offered no reasonable rationale for nonpayment | Father sought child support via agency, provided occasional goods, attempted to pay a medical bill but mother prevented payments and declined cash | Court: Affirmed—evidence shows mother hindered father’s ability to provide support; justifiable cause existed |
| Whether father’s consent was unnecessary because he did not file a written objection within 14 days under R.C. 3107.07(K) | Failure to file written objection meant consent not required | Issue was not raised below; therefore forfeited on appeal | Court: Not considered—appellants forfeited the argument by not raising it in the trial court; plain-error review not warranted |
| Standard of review applicable to justifiable cause finding | N/A (appellants challenge weight of evidence) | N/A (appellee defends sufficiency/credibility findings) | Court: Factual justifiable-cause findings reviewed for manifest weight of evidence; trial court credibility determinations entitled to deference; no manifest-weight reversal |
Key Cases Cited
- In re Adoption of M.G.B.-E., 154 Ohio St.3d 17 (Ohio 2018) (custodial-parent interference can constitute justifiable cause for failure to communicate)
- In re Mullen, 129 Ohio St.3d 417 (Ohio 2011) (parental liberty interest in care, custody, and management of children)
- In re Holcomb, 18 Ohio St.3d 361 (Ohio 1985) (burden on petitioners to prove by clear and convincing evidence failure to communicate or support without justifiable cause)
- In re Adoption of Schoeppner, 46 Ohio St.2d 21 (Ohio 1976) (parental consent ordinarily required; exceptions strictly construed)
- Martin v. Jones, 41 N.E.3d 123 (Ohio App. 2015) (discussing manifest-weight review and deference to trial court credibility determinations)