Will I still need my child's father's consent on a step parent adoption? 1 Answers as of January 09, 2012

My son is almost 10 (will be in March) and would like for my husband to adopt him and wants to take his last name. His father and I were never married and he's never taken me to court to gain any sort of parental rights or visitation of our son. There is a child support order in effect that began in 2006. My son's fathers has never kept a consistent active role in our son's life. We don't see him or hear from him for months at a time. He went a year without seeing/talking to our son on 2 occasions so far. He's $8000-9000 behind on our support order. Will I still need his consent on a step-parent adoption and name change?

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Consent, no. Notice of the proceeding, yes. A copy of the pleading for adoption and a request for a waiver of notice must be sent to the bio dad. If you don't know wher he lives, this can be accomplished (as I have) by publishing the information in a newspaper of general circulation. The court will decide if the adoption is in the best interest of the child regardless of any objection from bio-dad. Your circumstances pose a good liklihood of success. Typically, if the bio-dad is assured that the child support clock stops upon the adoption, he will not object. There are other things that can be done to increase the liklihood he will go along.without compromising the actual adoption of the child and the end of his parental rights. Please contact a domestic relations attorney to get the ball rolling and to verify all I have told you is correct in your particular county. Good luck!
Answer Applies to: Ohio
Replied: 1/9/2012
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