Monthly Archives: July 2015

How to Contest the Adoption of Your Biological Child

Posted Date:July 27, 2015 | Categories: ,

Biological Child Adoption

Once a parent consents to have their child adopted into another family it can be very difficult to go back, so it is critically important that before you give consent you are fully versed in what impact that decision will have on you and your biological child. In Ohio, consent may only be withdrawn if the court deems the withdrawal of consent to adopt in the best interests of the child. But that being said, the court also weighs heavily the rights of the biological parents.

In Ohio, there is a three-day waiting period after the birth of a child before a mother may give her consent to have the child adopted.  Furthermore, an open adoption is not considered enforceable and any mutual agreements made for contact are nonbinding.

According to the Franklin, County, Ohio, Probate Court website: “A putative father is a man who may be the father of the child, but is not legally recognized as such. He can preserve his rights as father of the child by registering with the Ohio Department of Job and Family Services Putative Father Registry…. This must be done either before the birth of the child or not later than fifteen days after the birth. No fee is charged to the putative father for this registration.” Without establishing these rights as a father, a man will have no say in whether or not an adoption goes forward.

If you are interested in contesting the adoption of your biological child, you should know that there is an “interlocutory order” during which the birth parent may withdraw their consent. This period is usually 30-45 days after the child is placed in the adoptive home or before the final adoption decree goes into effect six months after placement in the adoptive home. In order for a birth parent to exercise his or her right to withdraw consent, you must show that reversing the adoption is in the best interests of the child.  

As a birth parent you may also contest the adoption within one year after the final adoption decree if you are able to show that the adoption placement was based on gross error or was fraudulent. As you might imagine, this is difficult to do, so the best advice is to be very sure of your decision prior to relinquishing your parental rights to the child. The best way to do that is to talk through the issue with your own attorney. Do not rely on the adoptive parent’s attorney to have your best interests at heart.

Family Law Attorney

At Edward F. Whipps & Associates, our family attorneys understand the complexities of challenging your child’s adoption and place a priority on getting you through those complexities to the best advantage of you and your child. You may call the Columbus office at (614) 461-6006 or the Dublin office at (614) 461-6007.

How a Narcisstic Personality Disorder Can Affect Child Custody

Posted Date:July 20, 2015 | Categories:

Compulsive Personality Disorder

Adding a narcissistic personality disorder to the emotional trauma of divorce can be a recipe for a contentious custody battle.  Often psychological issues become exacerbated inside of divorce, but the narcissist can be particularly adept at manipulating emotions and circumstances to his or her advantage.

Mayo Clinic, quoting the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association, lists the symptoms narcissistic personality disorder as:

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When Grandparents Should Seek Child Custody

Posted Date:July 16, 2015 | Categories:

Grandparents-Child-Custody

If you are raising your grandchild without the benefit of a legal form of grandparent custody, you could be unwittingly looking for trouble.

Children may end up in the custody of grandparents due to a number of reasons. Most frequently it is a substance abuse problem on the part of one or both parents that lands the child or children in the care of the grandparents. Sometimes it is a mental health issue on the part of one or both parents, or marital problems. Also, if one or both of the parents have died, this may necessitate grandparents undertaking the care of their grandchildren. Whatever the cause, it is important at all times to keep uppermost the needs of the children.

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Is Your Family Ready to Adopt?

Posted Date:July 10, 2015 | Categories:

Child Adoption Ohio

Bringing a child into your family is a very big step filled with challenges and blessings. As you explore this life-changing journey, here are a few questions to consider.

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What Rights Do I Have as a Father if I Never Married My Child’s Mother?

Posted Date:July 9, 2015 | Categories:

Never Married Child Father

According to Ohio law, “an unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. A court designating the residential parent and legal custodian of a child described in this section shall treat the mother and father as standing upon an equality when making the designation.”

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The Effects of Obsessive/Compulsive Personality Disorder on Divorce

Posted Date:July 6, 2015 | Categories: ,

Personality-Disorder-on-Divorce

There are many psychological complexities generally involved in divorce, but when an emotionally impaired person experiences a distressing event such as divorce, it can trigger even more negative responses from that individual, especially if they deal with obsessive/compulsive personality disorder. The result can be a high-conflict divorce, which could in turn escalate costs in terms of both time and money as well as deepening psychological issues.

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How a High-Asset Divorce Affects Child Support

Posted Date:July 3, 2015 | Categories:

High Asset Child Support

When divorce become inevitable, it is important to take a view to the child support issues associated with high-asset individuals. Though the State of Ohio has a child support calculator, support in a high-asset divorce will go beyond the basic calculation model. There are many factors that may cause deviation from the guideline calculations. In looking at child support issues, the focus is on the specific needs of the child, as well as the ability of the parents to provide support. 

Child support must be dealt with a little differently in high-asset divorce cases, simply because the children in the high-net worth family lead lives that comport to that financial status. Typically the children attend expensive schools, participate in expensive extra-curricular activities, and have high continuing educational aspirations. Generally they wear more expensive clothes and are accustomed to traveling more than children in lower income brackets. 

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Why Same-Sex Parents Need to Seek Legal Recognition of Their Custodial Rights

Posted Date:July 2, 2015

LGBT Custodial Rights

With the continued focus on marriage equality in many courts across the US, it is important to remember that many of the laws relating to marriage and children of the marriage are still written with heterosexual marriage in mind. This is why it is crucial to work with a family law attorney to seek legal recognition and custodial rights of your child as soon as possible.   At this time, until the Supreme court announces a ruling as to whether or not the state bans on same sex marriage are constitutional, many family law attorneys are still working hard to support LGBT clients as best they can.  This is especially important with regards to custodial rights and parenting agreements. 

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