How long does it have to be after a non-custodial parent gives up visitation in court before the custodial parents spouse can adopt?

Is there a law stating a parent has to sign off their rights if they do not see or speak to the child?

Asked on September 5, 2012 under Family Law, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A failure to come for the visitation ordered does not terminate parental rights, which is the only way that the custodial parent's spouse can adopt.  There are two ways to terminate: voluntarily and involuntarily.  Voluntarily means they sign an affidavit and come to court to terminate their rights.  Involuntary means that the court terminates them based upon legitimate reasons (usually in the laws in your area it states the reasons).  The fact that there is some one there waiting to adopt the child is a plus for you.  Get legal help.  Good luck.

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