In re Adoption of P.A.C.

919 N.E.2d 791, 184 Ohio App. 3d 88
CourtOhio Court of Appeals
DecidedSeptember 2, 2009
DocketNo. C-081149
StatusPublished
Cited by5 cases

This text of 919 N.E.2d 791 (In re Adoption of P.A.C.) 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 P.A.C., 919 N.E.2d 791, 184 Ohio App. 3d 88 (Ohio Ct. App. 2009).

Opinion

Cunningham, Judge.

{¶ 1} Kevin Michael Crooks appeals from the judgment of the Hamilton County Court of Common Pleas, Probate Division, dismissing his petition to adopt his stepdaughter, P.A.C. The probate court dismissed the adoption petition after determining that the adoption required the consent of P.A.C.’s biological father, Gary D. Otten, and that Otten had refused consent. But where Otten did not safeguard his right to object to the adoption before the petition was filed, his consent to adopt was not required. Accordingly, we reverse the probate court’s judgment and remand the case for a best-interest hearing on the adoption petition.

I. History

{¶ 2} P.A.C. was born in July 2005. Susan Tuttle (“Tuttle”) is the biological mother of P.A.C. Tuttle was married to Jeremy Tuttle at the time of P.A.C.’s birth. Although Jeremy Tuttle is listed as the father on P.A.C.’s birth certificate, he is not P.A.C.’s biological father, and this was acknowledged in the Tuttles’ November 2, 2005, divorce decree. Otten learned that he is P.A.C.’s biological father from the results of a private DNA test dated August 12, 2005.

{¶ 3} Otten did not timely register with the Ohio Putative Father Registry as P.A.C.’s putative father. Additionally, after P.A.C.’s birth and before Crooks petitioned to adopt P.A.C., Otten failed to “acknowledge” his paternity in the manner required by statute, and he also failed to obtain a judicial determination of paternity. But in January 2007, about 18 months after P.A.C.’s birth, Otten filed a complaint to determine parentage in the Clermont County Court of Common Pleas, Juvenile Division.

{¶ 4} About two weeks after Otten had filed his parentage action, Tuttle filed a parentage action against Otten in the same court.2 The cases were consolidated and were scheduled for a hearing on March 26, 2007. But the juvenile court continued the hearing at Tuttle’s request.

{¶ 5} On April 13, 2007, Tuttle married Crooks. On April 20, 2007, Crooks filed a petition in the Hamilton County Court of Common Pleas, Probate Division, [90]*90to adopt P.A.C. and to change her last name to “Crooks.” Tuttle then moved to dismiss the parentage action in juvenile court on the ground that the probate court in Hamilton County had taken exclusive jurisdiction over the “issue.”3

{¶ 6} After Otten learned of the adoption petition, he moved as P.A.C.’s “father” to dismiss or stay the adoption proceedings pending the conclusion of the parentage action in juvenile court. Otten relied on another adoption case, In re Adoption of Pushcar, in which the Ohio Supreme Court held that “[w]hen an issue concerning parenting of a minor is pending in the juvenile court, a probate court must refrain from proceeding with the adoption of that child.”4

{¶ 7} Crooks opposed Otten’s motion and, calling Otten P.A.C.’s “putative father,” challenged Otten’s standing to be heard in the adoption proceeding. Crooks cited R.C. 3107.062, which provides that a putative father who fails to timely register on the putative-father registry shall not be provided notice of the adoption hearing, and R.C. 3107.07(B), which provides that, in this circumstance, the putative father’s consent to adopt is not required. Additionally, Crooks argued that Pushcar did not bear on the dispute because the decision involved the application of R.C. 3107.07(A), which concerns when the father’s consent to adopt is not required due to a failure to support the minor or to communicate with the minor for a period of one year.

{¶ 8} In June 2007, the probate court stayed the adoption proceedings pending the outcome of the parentage action in juvenile court. After some action by the juvenile court and a series of motions by Otten and Crooks, the probate court continued the stay pending a final ruling by the juvenile court on the paternity of P.A.C. The probate court stated in its entry that “[a]t such time as the Clermont County Juvenile Court makes a final ruling as to paternity of the minor, this Court will give full faith and credit to that ruling and such status will be applicable to the adoption petition filed in our Court.” Thus, the probate court stayed the adoption proceedings not just for the resolution of parentage as it might be relevant to a best-interest determination, but to determine Otten’s procedural and substantive rights under the adoption statutes.

{¶ 9} Thereafter, on May 28, 2008, the juvenile court determined that Otten was P.A.C.’s biological father, granted Otten parenting time with the child, and set Otten’s child-support obligation effective June 20, 2007. The probate court then lifted the stay.

{¶ 10} After the stay was lifted, Otten again moved to dismiss the adoption petition, claiming that as P.A.C.’s father his consent was required and that he [91]*91would not give it.5 The probate court, consistent with its prior announcement that it would give full faith and credit to the paternity determination, considered Otten as P.A.C.’s father for the purpose of consent and determined that Otten’s consent was necessary by statute for the adoption. Because Otten refused to consent to the adoption, the probate court dismissed the petition.

{¶ 11} Crooks appeals the probate court’s dismissal of the adoption petition for lack of Otten’s consent. He raises two assignments of error: (1) “The Probate Court erred by not entering a finding that the consent of the putative father is not required as a matter of law because the putative father failed to register with the Putative Father Registry,” and (2) “The Probate Court erred in finding that it did not have exclusive jurisdiction over the adoption proceeding.” We find merit in the first assignment of error and hold that the probate court erred by determining that Otten’s consent was necessary for the adoption. Thus, we reverse the probate court’s judgment dismissing the adoption petition.

II. A Putative Father

{¶ 12} Among the adoption statutes, R.C. 3107.01(H) provides that “ ‘[pjutative father’ means a man, including one under the age eighteen, who may be a child’s father and to whom all of the following apply: (1) He is not married to the child’s mother at the time of * * * conception or birth; (2) He has not adopted the child; (3) He had not been determined, prior to the date a petition to adopt the child is filed, to have a parent and child relationship with the child by a court proceeding pursuant to sections 3111.01 to 3111.18 of the Revised Code, a court proceeding in another state, an administrative agency proceeding pursuant to sections 3111.38 to 3111.54 of the Revised Code, or an administrative agency proceeding in another state; (4) He has not acknowledged paternity of the child pursuant to sections 3111.21 to 3111.35 of the Revised Code.”6

{¶ 13} The statute’s reliance on pre-petition events is consistent with R.C.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State ex rel. Otten v. Henderson
2011 Ohio 4082 (Ohio Supreme Court, 2011)
In re Adoption of G.B.
2010 Ohio 5059 (Ohio Court of Appeals, 2010)
In re Adoption of P.A.C.
923 N.E.2d 619 (Ohio Supreme Court, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
919 N.E.2d 791, 184 Ohio App. 3d 88, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-adoption-of-pac-ohioctapp-2009.