How long does a father have to be absent to lose his rights in Ohio?

The Domestic Relations, not the Juvenile, Court has jurisdiction over custody if
(1) The child's parents are married to each other.
(2) The child's parents were married to each other but no longer are married to each other and there is an existing order for custody or support regarding the child or another child of the same parents over which the juvenile court does not have jurisdiction.
(3) The determination is ancillary to the parents' pending or prior action for divorce, dissolution of marriage, annulment, or legal separation.

A parent’s decision to terminate parental rights, while unfortunate, can be what’s best for the child. Here’s how to terminate parental rights in Ohio.

Ohio law permits the voluntary relinquishment of parental rights under two conditions: the child is adopted or released into an Ohio public children services agency’s permanent custody. A parent rarely terminates their parental rights voluntarily. Therefore, parents more commonly lose their parental rights involuntarily.

Ohio Laws on Termination of Parental Rights

Ohio’s parental rights laws complicate the process of voluntarily terminating parental rights. Ohio permits two situations in which a parent may voluntarily terminate parental rights:

• The parent places the child up for adoption, or
• The parent transfers the child into permanent custody of an Ohio public children services agency.

Related: Ohio Surrogacy Laws & Legal Process

Terminating Parental Rights for Adoption in Ohio

A parent may voluntarily terminate parental rights if another suitable adult prepares to adopt the child. The situation often occurs when the other parent’s new partner desires to adopt the child. An adoption agency or the child’s adoptive parents can file an adoption petition with the Ohio probate court. The petition may include the biological parent’s written consent relinquishing parental rights so the intended parent can adopt the child.

Ohio statute ORC. 3107.07(A) requires the parent’s voluntary consent to terminating parental rights in cases of adoption unless the court:

“finds by clear and convincing evidence that the parent has failed without justifiable cause to provide more than de minimis contact with the minor or to provide for the maintenance and support of the minor as required by law or judicial decree for a period of at least one year immediately preceding either the filing of the adoption petition or the placement of the minor in the home of the petitioner.”

The court considers more than “de minimis” contact as a parent’s care for a child being just enough for the court to deem consequential.

Related: Establishing Paternity in Ohio

Terminating Parental Rights for an Ohio Public Children Services Agency

A parent may place the child into the Ohio public children services agency’s permanent custody to terminate parental rights. The parent may seek an agency if the parent feels incapable of caring for the child or believes the court has grounds to terminate the parental rights. Ohio statute ORC 5103.15(B)(1) allows an agency to form an agreement with the parent to “take and care for the child or place the child in a family home.”

Involuntary Termination of Parental Rights

The court is more likely to forcefully terminate a parent’s parental rights due to abuse or neglect.

The court’s grounds for terminating parental rights may include:

• Abandonment,
• Insufficient support of the child,
• Knowingly placing the child in danger
• Felony criminal conviction,
• Conviction of murdering the other parent,
• Sexual misconduct conviction,
• Substance abuse,
• Substance abuse causes a child born addicted to drugs or alcohol,
• Any other factor endangering the child’s welfare or best interests.

The court entitles a parent to a hearing where a judge rules on the termination of parental rights. The parent must demonstrate a compelling reason why the court should not terminate parental rights. The parent may present a case, introduce evidence, and call witnesses to testify on behalf of the parent retaining parental rights. The parent must demonstrate a compelling reason why the court should not terminate parental rights.

Common reasons the court allows the parent to maintain parental rights include:

• The parent can care for the child in 6 months or less,
• The child benefits from continued contact with the parent,
• The child is mature and old enough to voice a preference for the court to consider,
• The child resides under the state’s care and the court can place the child without terminating parental rights,
• The child’s length of residence in foster care is beyond the parent’s control,
• Any other material reason proving the child’s best interest would deteriorate from termination of parental rights.

The court will only terminate parental rights if a new parental arrangement is in the child’s best interest.

FAQs About How to Terminate Parental Rights in Ohio

Can I regain my parental rights if the court previously terminated them?

The court cannot restore a parent’s terminated parental rights. The parent would have to adopt the child to regain parental rights, but the court is unlikely to allow adoption. The improbable situation requires the parent to prove adoption is in the child’s best interest.

Does the court consider my child’s preference when terminating parental rights in Ohio?

The court is more likely to consider an older and mature child’s preference. The court may not consider a younger child’s wishes because another family is more likely to adopt a younger child. The younger child may also possess an insufficient understanding of the situation and any potential danger to personal wellbeing.

Can I appoint a guardian for my child while retaining parental rights?

A parent who cannot care for the child may appoint a guardian instead. The parent is the child’s legal parent, but the guardian possesses all decision-making and custody rights to the child.

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If you or a loved one would like to learn more about how to terminate parental rights in Ohio, get your free consultation with one of our family law attorneys today!

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