The Codes don’t lie
Jason Vaughn | Sunday, December 5th, 2010 | 44 Comments »
Addison was leaving her pre-pre-school on Thursday. As she was leaving the teacher offered her some candy for having such a good day. Addy took her piece of Candy and then looked a Christy and asked for one more piece. Christy said “No, you can only have one piece”. Addy looked back up at her and said “No, ‘dis’ one is for Grady”. The teacher said “You want the whole bag?”.
We miss you buddy….Even that little sister of yours that is always bugging you.
The Codes don’t lie.
Even after all the explanation I’ve given there appears to be some people that insist I am not telling the truth. This will be the last time I address this issue.
1. Legal parents can surrender a child for purposes of adoption.
http://codes.ohio.gov/orc/5103.15 — Check out (B)(2). I’ve included the links in case you believe I’m actually making these laws up.
The parents of a child less than six months of age may enter into an agreement with a private child placing agency surrendering the child into the permanent custody of the agency without juvenile court approval if the agreement is executed solely for the purpose of obtaining the adoption of the child. The agency shall, not later than two business days after entering into the agreement, notify the juvenile court. The agency also shall notify the court not later than two business days after the agency places the child for adoption. The court shall journalize the notices it receives under division (B)(2) of this section.
2. Legal Parents are the Mother and the husband of the mother.
http://codes.ohio.gov/orc/3111.03
Presumption of Paternity is the husband of the mother
(A) A man is presumed to be the natural father of a child under any of the following circumstances:
(1) The man and the child’s mother are or have been married to each other, and the child is born during the marriage or is born within three hundred days after the marriage is terminated by death, annulment, divorce, or dissolution or after the man and the child’s mother separate pursuant to a separation agreement.
3. By law Wyrembek was a putative father for purposes of the adoption.
http://codes.ohio.gov/orc/3107.01 — Check out (H)(3)
(H) “Putative father” means a man, including one under 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 the child’s conception or birth;
(2) He has not adopted the child;
(3) He has 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.
4. Consent to an adoption is not required from a putative father who doesn’t support mom or baby.
http://codes.ohio.gov/orc/3107.07 — Check out (B)(2)(b) and (c)
Consent to an adoption is not required by:
(B) The putative father of a minor if either of the following applies:
(b) The putative father has willfully abandoned or failed to care for and support the minor;
(c) The putative father has willfully abandoned the mother of the minor during her pregnancy and up to the time of her surrender of the minor, or the minor’s placement in the home of the petitioner, whichever occurs first.
5. Legal fathers must support their babies or their consent is not required to an adoption.
http://codes.ohio.gov/orc/3107.07 — Check out (A)
(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 convincing evidence that the parent has failed without justifiable cause to provide more than de minimis contact with the minor or to provide for the maintenance and support of the minor as required by law or judicial decree for a period of at least one year immediately preceding either the filing of the adoption petition or the placement of the minor in the home of the petitioner
So, there you go. Legal fathers and putative fathers must support their kids. That’s our allegation. There has never been a trial where our allegations have been heard.
Our adoption petition is set to be heard on Jan 12th. I’m sure the Juvenile Court judge is still dening it’s existence.





