In re Adoption of N.M.Q.P.

Summary

The Ohio Twelfth District Court of Appeals affirmed a probate court decision holding that a biological mother's consent was required for the adoption of her child. The court held that the petitioners failed to prove by clear and convincing evidence that the mother's failure to provide maintenance and support during the relevant one-year period was without justifiable cause under former R.C. 3107.07(A). The court concluded that competent and credible evidence supported the probate court's finding that the mother reasonably believed financial support was unnecessary.

Holdings

1. Mother demonstrated justifiable cause for failing to provide maintenance and support because the evidence showed that she reasonably believed financial support was unnecessary, was willing but unable to provide support, and the custodians were able and willing to provide for the child's needs. Therefore, Mother's consent to the adoption was required.
2. The probate court did not err by rejecting the magistrate's decision, substituting its judgment, and declining to defer to the magistrate's credibility determinations.

Questions Presented

1. Whether the probate court erred in finding that Mother had justifiable cause for failing to provide maintenance and support for the child during the one-year period preceding the filing of the adoption petition.
2. Whether the probate court improperly substituted its judgment for the magistrate's findings and improperly assessed the maternal grandmother's credibility.

Disposition

affirmed