Can my sons father willingly sign away his rights?

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I have a custody order in the state of Ohio but he does not see the child and is approx. 4 grand behind on support. I now live in Indiana. I am currently married and my husband has been in the child's life since he was 5 months old. I am wondering if I have to go by Ohio law or Indiana. And if an adoption process has to take place in order for the father to lose rights.

Attorney Answers

2
Andrea Lynn CiobanuCivil Rights AttorneyIndianapolis, IN ·
Right now, since the custody order is out of Ohio, Ohio has jurisdiction. However, since it seems (from the explanation) that you are here in Indiana (and, more importantly, your child), you can attempt to have Indiana establish jurisdiction by having the custody transferred to Indiana. In Indiana at least (I do not practice in Ohio), you can seek to have your current husband adopt your son if the biological father consents. (There are some exceptions, but I am speaking in general terms). If biological father consents, the arrears would fall away after the finalization of the adoption. Yes, you should go through a formal adoption process for many reasons. You should retain an experienced custody lawyer to represent your interests. Best wishes to you.
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Alan Brinkmeier ·
Indiana law would govern the adoption process. You'd better show some diligence in the Oho court to seek the arrears. That money is for the best interest of the child. $4000 is a lot of money
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