In re Adoption of M.G.B.-E.

In adoption proceedings, a probate court must consider the existence of pending parenting matters when determining whether an exception to the requirement of parental consent to adoption applies.Stepfather filed petitions to adopt the minor children of his wife and Father, her ex-husband. Stepfather’s adoption petition stated that Father’s consent was not required under an exception set forth in Ohio Rev. Code 3107.06 because Father failed without justifiable cause to provide more than a de minimis contact with the children for at least a year immediately preceding the filing of the petitions. While Stepfather’s adoption petitions were pending in the probate court, proceedings in domestic-relations court remained ongoing, specifically, Father’s motion to reestablish parenting time. The probate court determined that Father’s consent was not required. The court of appeals affirmed, holding that the probate court had jurisdiction to proceed on the adoption petitions despite the pending parenting matter in the domestic-relations court. The Supreme Court reversed, holding that the probate court failed to consider Father’s motion to reestablish parenting time in determining whether Father’s consent to the adoption of his children was required. View "In re Adoption of M.G.B.-E." on Justia Law