In re Adoption of A.W.

2022 Ohio 3360
CourtOhio Court of Appeals
DecidedSeptember 23, 2022
DocketH-22-007
StatusPublished
Cited by1 cases

This text of 2022 Ohio 3360 (In re Adoption of A.W.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Adoption of A.W., 2022 Ohio 3360 (Ohio Ct. App. 2022).

Opinion

[Cite as In re Adoption of A.W., 2022-Ohio-3360.]

IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT HURON COUNTY

In re Adoption of A.W. Court of Appeals No. H-22-007

Trial Court No. AD02021000016

DECISION AND JUDGMENT

Decided: September 23, 2022

*****

Michael B. Jackson, for appellees.

Autumn D. Adams, for appellant.

ZMUDA, .J.

I. Introduction

{¶ 1} This matter is before the court on the expedited appeal of the April 20, 2022

decision of the Huron County Court of Common Pleas, Probate Division, determining the consent of appellant, H.L., was not necessary for the proposed adoption of his child,

A.W. by A.W.’s maternal aunt, J.W. and her husband, D.W. Finding no error, we affirm.

II. Facts and Procedural Background

{¶ 2} Appellant, H.L. (father) and C.P. (mother) are the biological parents of

A.W., born January 31, 2016. A.W. lived with her father and mother until the fall of

2017, when father was sentenced to a four-year prison term. A.W. remained with mother

until late 2017, when Lorain County Children Services placed A.W. in the temporary

custody of mother’s sister, J.W. On March 2, 2018, A.W. was adjudicated a neglected

and dependent child based on both parent’s substance abuse, criminal charges and

convictions, and inability to provide for A.W.’s needs. A.W. remained in J.W.’s care.

{¶ 3} On August 21, 2018, the Lorain County Juvenile Court granted J.W. legal

custody of A.W. By agreement of the parties, supervised visitation was at J.W.’s

discretion, and J.W. could designate another person to supervise the visitation. Initially,

J.W. permitted mother to have A.W. on designated weekends while she lived with Kristi

O., J.W.’s and mother’s cousin. J.W. permitted Kristi O. to supervise mother’s visitation,

and dropped her off to Kristi O, either at the house or at a point halfway between J.W.’s

Norwalk home and Kristi O’s home. Father remained incarcerated, and had no visitation

with A.W., arranged through J.W.

{¶ 4} During the 2018 visits, and unknown to J.W., mother kept father in contact

with A.W. Father called Kristi O’s home on visitation weekends, and mother held the

2. phone to A.W. so that father could speak to her. Father also sent letters or cards to Kristi

O’s address. In November 2018, mother broke off all contact with J.W. and moved from

her cousin’s home. Mother did not reestablish contact with J.W. for over 3 years.

{¶ 5} In 2019, J.W. married D.W. and they built their present home in Greenwich,

about 20 minutes from Norwalk. J.W. lived at a temporary address, briefly, until

completion of the new home. J.W. notified the court of her new address only, and not the

temporary address. J.W. did not send notice to father of either new address. However,

J.W. maintained the same phone number at all times, and J.W.’s family members,

including mother, knew where J.W. lived.

{¶ 6} After more than a year without contact from either father or mother, J.W.

and D.W. filed a petition for adoption on May 6, 2021. Father, through counsel, filed a

timely objection. In November 2021, father was released from prison.

{¶ 7} After J.W. and D.W. filed the adoption petition, mother contacted J.W. and

began spending time with A.W. again.1 During the pendency of the proceedings, father

attempted to send a certified letter to J.W.2 After J.W. found a note on her door

1 After father was released from prison and reunited with mother, he made no effort to contact or see A.W. until the eve of trial. 2 Father argues that he sent certified mail in February 2021, prior to the petition for adoption in May 2021. There is nothing in the record to support this argument. Instead, J.W. testified that she received certified mail about a month prior to the trial on March 9, 2022, and her counsel advised her to let communications go through attorneys, “because I had an attorney and he also had an attorney[.]”

3. requesting signature, she conferred with her counsel who advised her to let the letter go

“unclaimed.”

{¶ 8} On March 9, 2022, the trial court held a trial on the issue of necessity for

consent for the adoption.3 Father appeared with counsel. Mother did not appear,

although she was represented at the trial by counsel.

{¶ 9} On April 22, 2022, the trial court entered its decision, finding no consent

necessary for adoption. The trial court found a lack of justifiable cause for father’s

failure to contact his daughter, stating:

Conflicting evidence was presented about the efforts [father] made

to have contact with [A.W.]. While incarcerated [father] stayed in touch

with [mother] and some of [mother’s] extended family. It was these

persons through whom [father] was able to have some contact with [A.W.].

It has been more than 3 years, however, since [mother] and these family

members have had contact with [A.W.]. Despite the lack of

communication, the family always knew where to locate [J.W. and A.W.]

but did not want to “create trouble.” Despite a familial relationship,

[mother’s] cousins had no legal right to contact with [A.W.]. [Father and

3 The trial court bifurcated the trial, addressing consent separately from the “best interest” determination.

4. mother], however, certainly did pursuant to the Lorain County Juvenile

Court order. Neither, however, chose to enforce their legal right by filing

any sort of pleading in that court. When [father] could communicate with

[A.W.] through [mother] or certain members of [mother’s] family with

whom he had a good rapport, he did, at least occasionally. When this

avenue was no longer available, however, he did not pursue a more direct

route to his daughter. The Lorain County Juvenile Court parenting time

order required [father] and [mother] to make arrangements for visitation

with [J.W.], and not through other family members. If difficulties arose in

making those arrangements, the proper remedy would have been a motion

to modify visitation or a motion to show cause filed in the Lorain County

Juvenile Court. These options were not pursued by either of [A.W.’s]

parents.

While they may have been reluctant to respond, there is no evidence

that either [J.W. or D.W.] engaged in any affirmative action to thwart

[father’s or mother’s] attempts to communicate with [A.W.]. There is no

evidence of interference. The Court therefore clearly and convincingly

finds that the failure of [father and mother] to provide more than de

minimis contact with [A.W.] during the one-year period immediately

preceding the filing of the adoption petition was without justifiable cause.

5. Father filed a timely appeal of this decision.4

III. Assignment of Error and Analysis

{¶ 10} In his appeal, father argues the following as error:

Father was justified in having minimal contact with A.W., as

J.W. hid A.W. from Father and refused to communicate with multiple

relatives when they attempted to find A.W. for Father.

{¶ 11} R.C. 3107.07(A) governs adoption without the consent of a parent, based

on lack of contact with the child, and provides:

Consent to adoption is not required of any of the following:

(A) A parent of a minor, when it is alleged in the adoption petition

and the court, after proper service of notice and hearing, finds by clear and

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Related

In re Adoption of B.B.
2023 Ohio 4134 (Ohio Court of Appeals, 2023)

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2022 Ohio 3360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-aw-ohioctapp-2022.