What is the grounds for terminating rights in Ohio?

MPSmith09

New Member
Jurisdiction
Ohio
I have an 11 week old with my ex boyfriend (never married). He has seen her two times since she was born, and has not bought anything for her or helped with her needs in any way. He had originally asked me to keep the child support out of court, but after he went three consecutive weeks after making the agreement, without holding up to his end, I decided to file for child support once the paternity results were back (which they are and I filed on the 9th of this month). I found out he was doing heroin, Fentynyl, smoking marijuana, and according to his mother he admitted to having a pill problem. Once I found these things out, I told him I would not let him see her until he could prove he was clean. He has not since contacted me. He has not seen her for 4 weeks now and has not contacted me to ask how she's doing or anything. Today, his mother told me he was down at the recruitment office looking into joining the marines, and said that if he does that I "won't have to worry about what he is doing anymore". In other words, he has no intentions of seeing the baby. I know he will not sign his rights over because he mom will not allow him to (he's 23 and lives on his mothers couch). He only established paternity because his mother made him do so. I did some research and on one of those .gov websites I seen that the definition of abandonment is 90 days of no contact with the child. I've been told by others that the law is one year. Also, does there have to be a person to adopt the child at the time rights are terminated? I was in the middle of a divorce when I became pregnant, so on the birth certificate my ex husbands name had to be listed until paternity was established. When I was 6 months pregnant, my ex husband and I decided to try to work things out, and have been together since then. He has paid for every thing for the child and raises her like she is his own. I was told you have to be married for 6 months before an adoption can take place.
Also, how hard is it to convince a judge that a father is unfit, in case he does file for visitation? I have proof of his mother saying he had a drug problem and was going to rehab, as well as proof of several other things that could potentially prove him as unfit. My daughter has a weak respiratory system, and gets sick any time she is around smokers, and they all smoke at/in his home. They do not keep their home clean, litter boxes stay full for days, his mother brushes off the fact that her 13 year old daughter smokes marijuana and that her son (the baby's bio father) and his 19 year old girlfriend supply the 13 year old with the marijuana as well as cigarettes, and his mom has admitted she has health issues and is always exhausted, so she would be of no help with the baby. There's also 7 people staying in a 3 bedroom trailer, so there would be no to for the baby. The father has severe mental health issues, but refuses to get any help for that or his drug and alcohol problems. I'm just trying to figure out how to protect my daughter. I'm not sure if he ever will try to get visitation, and I doubt he will stay current with his child support.
Basically I need to know how to have rights terminated and if the information I have is enough to prevent visitation if I can not get his rights terminated.
 
He can't sign his rights away, unless you are married and your spouse wishes to adopt. As the legal father, the state has assigned him rights and obligations. When Dad files for visitation/joint legal custody, he will get it. He is obligated to pay child support. When he files for visitation/joint legal custody, you will be obligated to follow the court order, and I suggest you do so; not following the court order can mean that the baby/child may end up living with him, if the court thinks he'll honor those court orders better. Read this and this, because your life is about to be governed by these laws and regulations for the next 18 years or so.
 
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