{¶ 3} Gavin was born on January 18, 2000, to father and Elizabeth Ann Weaver ("mother"). Subsequent to Gavin's birth, father instituted an action in the Stark County Court of Common Pleas, Juvenile Division, seeking a support order and visitation with Gavin. On June 12, 2000, father and mother were married and the existing support order was vacated. Mother and father were divorced via Decree issued by the Muskingum County Court of Common Pleas, Domestic Relations Division, filed on March 15, 2002. Mother, and Thomas and Pamela Myer, parents of father, were named residential parents and legal custodians of Gavin through a shared parenting plan.1 The parties agreed no support would be due from the other at that time. The agreement was incorporated into the divorce decree.
{¶ 4} Appellee and mother were married on September 3, 2003. On October 21, 2003, father fathered another son with a different woman, to whom he is not married. Father currently pays support on a voluntary basis for that child. Via Agreed Judgment Entry filed October 24, 2003, the Muskingum County Court of Common Pleas, Domestic Relations Division, terminated the shared parenting plan between mother and Pamela Myer. This judgment entry designated mother as the sole residential parent and legal custodian of Gavin with Pamela Myer substituted as the nonresidential parent. Pamela Myer was granted visitation every other weekend and continues the prior visitation rights of father with the ongoing requirement his visits be coordinated and supervised by Pamela Myer. The October 24, 2003 Agreed Entry did not address the issue of support.
{¶ 5} Except for a period of one month, father was employed for the entire year between February, 2003, and February, 2004. Father has purchased clothing, toys, videogames, and food for Gavin when they are together. Father presented the trial court with photographs of the purchases he has made for Gavin. Father did not provide the trial court with receipts for these items. Father currently resides with Pamela Myer. He does not pay rent to Pamela Myer, however, he assists with household chores and maintenance. When asked why he had not gone to the Child Support Enforcement Agency and pay child support, father replied "To the best of my knowledge under the shared parenting agreement that wasn't really required of me all that was required of me was to share the expenses that were [needed] to raise Gavin. Which I have done so." Tr. at 28. Father repeatedly stated no child support was ever requested of him, but "[If mother] would request child support I would gladly pay it. But she didn't, so therefore * * * I felt like she didn't want anything from me." Tr. at 29. Father testified mother had never presented him with any medical or school bills for Gavin. In fact, father stated mother had not spoken to him for at least two years. Gavin's medical expenses are paid through Medicaid.
{¶ 6} Pamela Myer testified, pursuant to the October 24, 2003 Agreed Judgment Entry, she is required to be present for, and personally supervise, any and all visitation exercised by father with Gavin. Pamela Myer attested father did in fact buy the items he stated he had purchased. Pamela conceded she had purchased food and clothing for Gavin as a grandmother is likely to do.
{¶ 7} After hearing all the evidence, the trial court ordered the parties to submit proposed findings of fact and conclusions of law. Thereafter, on January 10, 2005, the trial court issued its own Findings of Fact and Conclusions of Law, ruling father's consent was not necessary because the support provided by father was "very limited" and "duplicative" as mother could have sent clothing with the boy during his visits, with father and Pamela Myer.
{¶ 8} It is from those findings and conclusions father appeals, raising as his sole assignment of error:
{¶ 9} "I. The trial court erroneously found that the biological father, without justification, failed to support gavin a. myer for more than one year preceding the filing of a step-parent petition for adoption and that his consent to adopt was not necessary."
{¶ 11} R.C.
{¶ 12} "Consent to adoption is not required of any of the following: (A) A parent of a minor, when it is alleged in the adoption petition and the court finds after proper service of notice and hearing, that the parent has failed without justifiable cause to communicate with the minor or to provide for the maintenance and support of the minor as required by law or judicial decree for a period of at least one year immediately preceding either the filing of the adoption petition or the placement of the minor in the home of the petitioner."
{¶ 13} Pursuant to this statute, a petitioner for adoption has the burden of proving, by clear and convincing evidence, both (1) the natural parent failed to either support or communicate with the child for the requisite one-year period, and (2) that this failure was without justifiable cause. In re Adoption of Bovett (1987),
{¶ 14} The relationship between a parent and child is a constitutionally protected liberty interest. See, In re Adoption ofZschach (1996),
{¶ 15} Appellate courts have found even a "meager" amount of support is sufficient to avoid a finding the parent's consent is not required. See, Celestino, supra at 197 (father's payment of $36 to CSEA precluded a finding of failure to provide maintenance and support); Vecchi v. Thomas
(1990),
{¶ 16} Conversely, contributions which are of no value to the child generally do not qualify as maintenance and support. For example, where the natural father places the child on his health insurance plan, but does not inform the custodial parent of the coverage, the contribution does not constitute maintenance and support. In re Adoption of Knight
(1994),
{¶ 17} R.C.
{¶ 18} Father's sole assignment of error is sustained.
{¶ 19} The judgment of the Stark County Court of Common Pleas, Probate Division, is reversed. Costs assessed to appellee.
Hoffman, J., Boggins, P.J. and Farmer, J. concur.