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LegalGems
LegalGems, Lawyer
Category: Family Law
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Experience:  Experienced Family Law Attorney
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I am the reidental parent i have had m almost 5 years. she

Customer Question

i am the reidental parent i have had him almost 5 years . she has sup. vists she has not seen in almost 2 years . my question is can i go for abandonment i live in the state of ohio. his mother has abused him . and my son see a mental health person over this .i want to know if i can get full cusity of him .and what is the orc. # ***** is best to use in this case for me
Submitted: 5 months ago.
Category: Family Law
Expert:  LegalGems replied 5 months ago.

I am sorry to hear of this;A few minutes please as I look into this.

Expert:  LegalGems replied 5 months ago.

Code 3127.01 defines abandonment as it relates to child protective services declaring the child abandoned for the purposes of the state being allowed to step in to offer services and to terminate the parental rights - that information is here: http://codes.ohio.gov/orc/3127

There is no statutory authority to allow the court to terminate a parent's rights, unless there is a third party (ie step parent) willing to step in and assume that role. The reason is that the courts have a public policy of keeping the relationship alive in case there is ever a reunification between child and parent, because the court still believes that 2 parents are usually better than one.

These are the factors the court will consider in custody issues:
1) the wishes of each parent and the children; 2) how comfortable the children are in each parent’s home, school or community; 3) whether one parent has withheld the children from the other parent; 4) whether the parents have difficulty communicating about decisions affecting the children; 5) the mental and physical health of the parents and the children; 6) whether one parent is planning to move (especially if the move is far away or out of state); and 7) the recommendation of a guardian ad litem involved in the case.

if the parent child relationship is harmful, the court can award sole custody to the caregiving parent, and no visitation to the other, which essentially strips the other parent of any contact with the child. This is often done when a parent continuously refuses to exercise court ordered visitation.

Section 3109 gives the court the authority to award sole custody to one parent:

If the court determines that either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being a neglected child, that either parent previously has been determined to be the perpetrator of the neglectful act that is the basis of an adjudication that a child is a neglected child, or that there is reason to believe that either parent has acted in a manner resulting in a child being a neglected child, the court shall consider that fact against naming that parent the residential parent and against granting a shared parenting decree. When the court allocates parental rights and responsibilities for the care of children or determines whether to grant shared parenting in any proceeding, it shall consider whether either parent or any member of the household of either parent has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code or a sexually oriented offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any sexually oriented offense or other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child. If the court determines that either parent has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code or a sexually oriented offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding, has been convicted of or pleaded guilty to any sexually oriented offense or other offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the proceeding and caused physical harm to the victim in the commission of the offense, or has been determined to be the perpetrator of the abusive act that is the basis of an adjudication that a child is an abused child, it may designate that parent as the residential parent and may issue a shared parenting decree or order only if it determines that it is in the best interest of the child to name that parent the residential parent or to issue a shared parenting decree or order and it makes specific written findings of fact to support its determination.

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Expert:  LegalGems replied 5 months ago.

But absent the above statute there is no statutory authority for a termination of parental rights unless social services steps in due to both parents having abandoned the child.

Expert:  LegalGems replied 5 months ago.

Checking in to see on the above.

Thanks for using JA!

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