Do i take him to court? My daughter doesn't want to see him.Is it worth the hassle? Background information.....My ex boyfriend owes almost 2 thousand in child support and doesn't see or buy our daughter anything.He has another family with 2 other little girls. My husband plans to adopt her,she's 12(in ohio) My ex knows where we live and has my number but never sends gifts or calls or texts to check on her.
He has not made any attempts to see her in a year.and last payments she received was only twice in September and October of last year and was less then half of what he was ordered to pay.
Talk to an adoption and see if you can do the adoption without the consent of the father. If so, do it immediately and collect the money later.
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Family Law Attorney
I agree with Mr. Thompson. Best to go ahead and pursue the adoption now, as it sounds like you may have the grounds to move forward without consent.
In Ohio, a stepparent adoption may proceed without the consent of the other parent if:
1) The other parent has had only minimal (de minimus) contact with the child for at least one year immediately prior to the filing of the petition for adoption. Please note that courts have construed actions such as sending a birthday card as enough to meet this standard and prevent the adoption from moving ahead.
2) The other parent has paid no required support for at least one year prior to the filing of the petition for adoption.
While it has not yet been one year since a support payment was made (even though it wasn't the full amount), it sounds like it may have been a year since there has been contact. You should consult with an attorney who can walk you through the next steps (and you will still be able to collect any child support already owed, even after the adoption).
Best of luck!
Nagel & Dougherty LLC
Serving clients across Ohio
Information provided in this response takes into account only the laws of Ohio. This information is not intended to be used or relied upon as legal advice or opinion about any specific matter or issue. This response does not create an attorney-client relationship between the reader and Raenell Nagel, the law firm of Nagel & Dougherty LLC, or any of its individual attorneys.
What is your priority? Adoption or getting paid? If its the latter holding him in contempt may be the only way to get paid.
If you take him to Court for child support, he may demand visitation, which may interefere with your adoption plans if he has not paid or visited for a period in excess of a year...as this would remove his ability to object to the adoption. Many factors to consider here...Good Luck.
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