Can a mother who failed to show up to custody hearing three years ago now get visitation?

[Kg27]

Jurisdiction

Ohio

My fiance has full custody with the mother of the child having no visitation(per the papers she could initiate at any time). She's had no contact since 2013- and she's sporadically paid child support with an accrued balance of around 5k owed- and the amount she pays now(for about two months now) a month is less than ordered. We were planning on adopting after getting married (next fall). She now wants to petition for custody/visitation because she's realized another woman is raising her child. During all custody hearings in the beginning(2013), she did no show up for custody hearings, so the father was awarded full rights. What's the right steps to take? Can we petition to terminate her rights at this point for abandonment and no contact? Can she actually get visitation despite not being active the past three years? Originally the judge told him the biological mother would have no chance of seeing her in the future because she didn't show up to the custody hearings.

 

[shrinkmaster]

She may petition court for visitation and as legal Mother would likely get some form of visitation. Keep in mind there is no "we" in this equation. Until time comes you adopt this child you are what is called a "Legal stranger" even though you have raised child for quite a while. The Father can of course fight any custody/visitation change. He should talk to his Lawyer about his options and if visitation is granted asked for it to be "supervised visits only" for now

 

[army judge]

My fiance has full custody with the mother of the child having no visitation(per the papers she could initiate at any time). She's had no contact since 2013- and she's sporadically paid child support with an accrued balance of around 5k owed- and the amount she pays now(for about two months now) a month is less than ordered. We were planning on adopting after getting married (next fall). She now wants to petition for custody/visitation because she's realized another woman is raising her child. During all custody hearings in the beginning(2013), she did no show up for custody hearings, so the father was awarded full rights. What's the right steps to take? Can we petition to terminate her rights at this point for abandonment and no contact? Can she actually get visitation despite not being active the past three years? Originally the judge told him the biological mother would have no chance of seeing her in the future because she didn't show up to the custody hearings.

Anything a person says about the actions of another is a guess.
Can X do this?
Yes, anything can happen.
Will X get visitation?
Maybe, so wait and see.
Can you ask the court to strip X of her parental rights?
Yes, you can ask.
What will the court decide?
Only the court could say, after the matter has been litigated.
Sorry, any answers to those kinds of questions are guesses.

Bring a case, let the court decide.
Until any event happens, no one can predict the outcome.
Can YOU ask the court to grant you RELIEF?
Yes, you can ask.
Will the court agrees?
No one can say for sure.

A parent won't be denied visitation because she or he owes back child support.

Child support, custody, and visitation outcomes are each decided on the merits individually.

 

[adjusterjack]

Can we petition to terminate her rights at this point for abandonment and no contact?

You can certainly do that but you probably won't succeed as the standards for motherhood are set rather low.

Can she actually get visitation despite not being active the past three years?

It's possible.

Originally the judge told him the biological mother would have no chance of seeing her in the future because she didn't show up to the custody hearings.

That comment was ill advised as even a judge's "ruling" can be modified or overturned by changes in circumstances.

We were planning on adopting after getting married (next fall).

Isn't likely to happen without the consent of the bio-mother.

She now wants to petition

"Wants to"? There is no "wants to" there is only do or not do. If your fiance hasn't been served with a court summons then he is free to ignore her until that happens and engage an attorney when it does.