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My Daughter who is married age 32 is visiting friends in…

My Daughter who is...

My Daughter who is married age 32 is visiting friends in Ohio. She and her husband of two years are childless. A family friend told them a girl they know wants to get rid of her child and will give them the child. And it is all ok in Ohio no home study no problems. She called me and asked what I Think I told her that can't be there must be laws to protect the child etc.. She said no the people told her family services will not even be involved since it is all private. I am worried this is either a con or against the law. Also my daughter is on mental disability with Social Security and does not make sound decisions so I am concerned about her getting into trouble without know the law in Ohio regarding getting a child. They have tried here in PA where they live and have been refused several time. Sorry for the long explanation, but I need to lay out the facts to give you the story.

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

No all just talk and they are saying all is ok no paperwork because it is private. I am saying surely the state of Ohio would not allow children to exchange hands without the state being involved?

Lawyer's Assistant: Family law varies by state. What state are they in?

As stated above they are visiting in Ohio, but from Pennsylvania

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think

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Answered in 1 hour by:
5/16/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 1,412
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I am an attorney. You are right to be concerned. There is no mechanism in Ohio - or other states - where someone can simply give their child to another to raise without some formal legal recognition of this either by termination of parental rights and adoption or papers providing guardianship/custody to the other person in which case the parent can come back and reclaim custody at some future time. Ohio's laws on adoption can be found here: http://codes.ohio.gov/orc/3107

I hope this information helps. If you need further assistance, feel free to reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 3 months ago
I realize that an individual needs to sign a paper relinquishing their rights as a parent. That was not the question. The question rather is what does the state of Ohio require of the person that wants to adopt. Meaning does the state of Ohio require a homestudy? If the person is from another state does the homestudy have to be done by the state in which the individual is domiciled?. Finally who rules whether or not the adoption may go through? Meaning is all that required is that a parent relinquish their rights to the child and then give someone the child with that notarized paper? Or does there need to be legal documentation in the system of Ohio that governs family law?
Customer reply replied 3 months ago
I read the law that you sent to me from the state of Ohio but it is not clear from reading that who or what is done in the case that I am presenting? That is why I need an expert interpretation
Customer reply replied 3 months ago
It’s been over 45 minutes almost an hour will you be getting back to me?

A home study is generally required in Ohio before an adoption. In addition a guardian is typically appointed to act on behalf of the child and to inform the court whether the termination of parental rights and adoption is in the child's best interest. Also keep in mind that the relinquishment of rights typically needs to be by both mother and father. A court will then review a petition for adoption and either approve (if all is in order) or deny the adoption.

Attorney Wendy
Category: Legal
Satisfied Customers: 1,412
Experience: Member at Keefer & Keefer LLC
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